SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
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.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
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.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average amount of time a child spends in Santa Claus’s lap at Macy’s (in seconds):
Beer does not cause beer bellies.
Following the arrest of at least 10 clowns in Kentucky and Alabama, Tennesseans were warned that clowns could be “predators” and Pennsylvanians were advised not to interact with what one police chief described as “knuckleheads with clown-like clothes on.”
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“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.'”