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

August 2016

Atlas Aggregated

= Subscribers only.
Sign in here.
Subscribe here.

The Origins of Speech

= Subscribers only.
Sign in here.
Subscribe here.

Four in Verse

= Subscribers only.
Sign in here.
Subscribe here.

A Sigh and a Salute

= Subscribers only.
Sign in here.
Subscribe here.

Four in Prose

= Subscribers only.
Sign in here.
Subscribe here.

Don the Realtor

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Martin Amis on the rise of Trump, Tom Wolfe on the origins of speech, Art Spiegelman on Si Lewen, fiction by Diane Williams, and more

In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.

Illustration by Darrel Rees
Article
Don the Realtor·

= Subscribers only.
Sign in here.
Subscribe here.

"If you have ever wondered what it’s like, being a young and avaricious teetotal German-American philistine on the make in Manhattan, then your curiosity will be quenched by The Art of the Deal."
Photograph (detail) © Polly Borland/Exclusive by Getty Images
Article
The Origins of Speech·

= Subscribers only.
Sign in here.
Subscribe here.

"To Chomsky...every child’s language organ could use the 'deep structure,' 'universal grammar,' and 'language acquisition device' he was born with to express what he had to say, no matter whether it came out of his mouth in English or Urdu or Nagamese."
Illustration (detail) by Darrel Rees. Source photograph © Miroslav Dakov/Alamy Live News
Article
A Sigh and a Salute·

= Subscribers only.
Sign in here.
Subscribe here.

"Si told me that various paintings had spoken to him, but he wished they had been hung closer together 'so they could talk to each other.' This observation planted a seed that would come to fruition years later in his mature work."
Artwork (detail) by Si Lewen
Article
El Bloqueo·

= Subscribers only.
Sign in here.
Subscribe here.

"Amid the festivities and the flood of celebrities, it would be easy for Americans to miss that the central plank of the long-standing cold war against Cuba — the economic embargo — remains very much alive and well."
Photograph (detail) by Rose Marie Cromwell

Estimated temperature of Hell, according to two Spanish physicists ‘ interpretation of the Bible:

832°F

The ecosystems around Chernobyl, Ukraine, are now healthier than they were before the nuclear disaster, though radiation levels are still too high for human habitation.

A TSA agent in Seattle was arrested for taking up-skirt photos of women in the airport, a Maryland police officer was arrested for taking up-skirt photos of an off-duty colleague, and the Georgia Court of Appeals ruled that taking up-skirt photos is legal in the state.

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