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:

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2016

Fighting Chance

= Subscribers only.
Sign in here.
Subscribe here.

Front Runner

= Subscribers only.
Sign in here.
Subscribe here.

The Habits of Highly Cynical People

= Subscribers only.
Sign in here.
Subscribe here.

Unhackable

= Subscribers only.
Sign in here.
Subscribe here.

American Imperium

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Elisabeth Zerofsky on Marine Le Pen, Paul Wachter on the quest for an unhackable email, Rebecca Solnit on cynical people, Andrew J. Bacevich on truth and fiction in the age of war, Samuel James photographs E.P.L. soccer, a story by Vince Passaro, and more

I sat in a taxi with Emma and her son, Stak, all three bodies muscled into the rear seat, and the boy checked the driver’s I.D. and immediately began to speak to the man in an unrecognizable language.

I conferred quietly with Emma, who said he was studying Pashto, privately, in his spare time. Afghani, she said, to enlighten me further.

Illustration by Taylor Callery
Article
Front Runner·

= Subscribers only.
Sign in here.
Subscribe here.

"The F.N. asked to be sent to an institution whose legitimacy it did not accept, and French voters rewarded the party with first place in the election."
Illustration (detail) by Matthew Richardson
Memoir
I Am Your Conscious, I Am Love·

= Subscribers only.
Sign in here.
Subscribe here.

A paean 2 Prince
"And one thinks, Looking into Prince's eyes must be like looking at the world."
Photo ©© PeterTea
Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"As wacky as it sometimes appears on the surface, American politics has an amazing stability and continuity about it."
Article
Plexiglass·

= Subscribers only.
Sign in here.
Subscribe here.

I sat in a taxi with Emma and her son, Stak, all three bodies muscled into the rear seat, and the boy checked the driver’s I.D. and immediately began to speak to the man in an unrecognizable language.

I conferred quietly with Emma, who said he was studying Pashto, privately, in his spare time. Afghani, she said, to enlighten me further.

Photograph (detail) by Karine Laval

Number of cows electrocuted by a faulty milking machine in Maidstone, England, last March:

33

Entomologists working in Iran and Turkey learned that a rare species of solitary bee builds brood chambers of brightly colored flower petals.

The Finnish postal service announced it will begin mowing lawns on Tuesdays.

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

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today