No Comment — February 2, 2009, 11:56 pm

More on the Renditions Hoopla

Tonight on Rachel Maddow, on MSNBC, I discussed the whisper campaign to mischaracterize President Obama’s decision to stand down the Bush 43 extraordinary renditions program, while leaving open the possibility of renditions as practiced in the Bush 41 and Clinton presidencies.

I cited the Eichmann case as the prototype of an appropriate rendition. Renditions may well be criminal under the law of the state in which the person was captured, though some states permit a defense against a kidnapping charge for persons seizing someone to be brought to justice (such as bounty hunters). However, they would not generally be illegal under U.S. law, and there is settled precedent on this point. This helps explain why Obama will not rule out renditions altogether, though contrary to the view expressed in the Los Angeles Times article, I doubt his administration will turn to this device as frequently as his predecessor has. When deciding to use rendition, the government has to measure a number of considerations, including whether the person apprehended really presents a threat to the safety and security of the country sufficient to warrant the damage to diplomatic relations that may well result from the rendition. Extraordinary renditions are something entirely apart. They are a criminal act of a very high order both under U.S. law and international law, and no circumstances could justify them.

There have been a flurry of posts on this subject in the blogosphere. The best are by Hilzoy at the Washington Monthly, Glenn Greenwald at Salon, and Andrew Sullivan at The Atlantic. The most confused appear at Hot Air and Instapundit, neither of which displays an inkling of the distinction between “extraordinary renditions” and “renditions.”

Two other posts help unpack the issue. Richard Clarke addresses the confusion over renditions in an explanatory piece in the Boston Globe. He patiently walks the reader through the prior use of renditions, reviews how Bush 43 modified the program by enlisting the CIA to run long-term detention facilities and put torture at its core. Not surprisingly, Clarke has a very precise understanding of what Obama changed and what he left intact.

House Judiciary Chair John Conyers also discusses renditions in the course of a piece at the Huffington Post, talking about the need for accountability. Conyers mentions a little reported fact: the CIA’s inspector general undertook a probe into the extraordinary renditions program. His probe was shut down by Vice President Cheney, and we still don’t know what he found or recommended, other than that CIA Director Hayden was mortified by it. All the indicators are that the CIA’s inspector general found that the extraordinary renditions program was unlawful and he demanded accounting for it. If that was his conclusion, then he took a view shared by virtually the entire legal profession in the United States. Obviously it is time to shed some sanitizing sunlight on what was done. Freeing up the inspector general to finish his review and render a final report would be an obvious next step. Indeed, concern about just such a probe may be driving some of the CIA sources to instigate the current whisper campaign.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2015

Loitering With Intent

= Subscribers only.
Sign in here.
Subscribe here.

A Polite Coup

= Subscribers only.
Sign in here.
Subscribe here.

Findings

What Went Wrong

= Subscribers only.
Sign in here.
Subscribe here.

Shooting Down Man the Hunter

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
What Went Wrong·

= Subscribers only.
Sign in here.
Subscribe here.

“In the seventh year of his presidency, Barack Obama was presenting himself as a politician who followed the path of least resistance. This is a disturbing confession.”
Photograph by Pete Souza
Article
Surviving a Failed Pregnancy·

= Subscribers only.
Sign in here.
Subscribe here.

“If this woman — who spent her days studying gray screens for early signs of gestation — could not see my pregnancy, what were the chances that anyone else would?”
Illustration by Leigh Wells
Article
Interesting Facts·

= Subscribers only.
Sign in here.
Subscribe here.

“My husband is forty-six. I am forty-five. He does not think that, in my forties, after cancer, chemotherapy, and chemically induced menopause, I can get pregnant again, but sisters, I know my womb. It’s proven.”
Photograph by McNair Evans
Post
Kid Chocolate’s Place·

= Subscribers only.
Sign in here.
Subscribe here.

“Cuban eyes often look close to tears.”
Illustration by the author
Article
Thirty Million Gallons Under the Sea·

= Subscribers only.
Sign in here.
Subscribe here.

“If you short-circuit the bottom, you threaten the entire cycle,” Joye told me. “Without a healthy ocean, we’ll all be dead.”
Illustration by John Ritter

Length in days of the sentence Russian blogger Alexei Navalny served for leading an opposition rally last year:

15

Israeli researchers developed software that evaluates the depression of bloggers.

A teenager in Singapore was convicted of obscenity for posts critical of Lee Kuan Yew, the country’s founding father, that included an image of Lee having sex with Margaret Thatcher.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today