Friday, May 22, 2009 - 4:23 AM
I've been playing catch-up this evening by reading Obama's speech on homeland security and then Cheney's speech on homeland security in succession. Some quick thoughts:
What did you think?
Abusing Goldsmith and other rants
Well it certainly made for some interesting television - it's nice (kind of?) to have an open debate about these things. At least it makes it easier to teach.
The one thing I would say though is that Goldsmith DOES overlook certain serious changes in the Military Tribunals that have been proposed - namely not using evidence obtained through - um, "enhanced interrogation". I think this is a big difference - certainly one that helps to bring the tribunals in line with the Geneva Conventions ("regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. yadda yadda")
However, I think Goldsmith's argument is being relatively abused by the right. His larger point is that, yes, sometimes in an emergency it is important for a president to _temporarily_ extend powers or do something that in more normal circumstances would be illegal - however HOW this is done is where it is important. Peter Wehner, for example,(http://www.commentarymagazine.com/blogs/index.php/wehner/66971) suggests that Bush & Co can be seen in the light of Lincoln. But Goldsmith's whole point is that Lincoln reached across the aisle and FDR was open with what he did. Neither FDR nor Lincoln ever claimed that they had a permanent right to do what they did.
In this sense, yes there may not be shocking differences between Obama and Bush (I actually think there are substantial, if not shocking, ones) but how democracies go about doing these things is important.
Finally, having said all this - if I was a congress person, I might want some details before I signed the $80 million dollar cheque. The Administration should get on this, build on Obama's speech and figure out something more concrete...
Once you have tortured someone into vegetable-stage, they stay broken. So all evidence given afterwards is tainted. Thats the whole point, they are not legaly sentenceable according to US Law. So he has to keep them in "indefinite detention" without trial. Lol, he has caved to Cheney totaly. So much for Obamas honesty.
It was nice to see them both explicit their views--but largely irrelevant.
If we don't have a major terror attack, then Obama will be supported and vindicated. If we do have a terror attack, Cheney will be vindicated and the Democratic party will suffer another generation of being seen as weak on defense. Words won't change this.
While Cheney may not be popular himself, his actual arguments dovetail with what most Americans instinctively feel.
Moral and ethical arguments are great in the abstract, but when people fear for their lives, those arguments become something like Ivory Towered academic debates.
The visceral fear of death is far more powerful than "reasoned" debate.
This does not mean we should just embrace raw animalistic responses, but we should also recognize there's a reality underneath our carefully cultivated, civilized exterior that won't be "argued away" no matter the eloquence of those arguing.
Cheney speaks to the dark side of our nature, but that dark side has not (and I do not believe ever will be) permanently conquered. It can, at best, be managed, but it will slip out.
In this, Cheney is probably far more realistic than the President over the long haul.
Daniel W. Drezner is professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University.
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