No Comment — May 1, 2009, 12:34 pm

Condi’s Really Bad Day

For eight years, Condoleezza Rice dealt with the Beltway punditry and the access-craving White House press corps. The reception she got, with a handful of exceptions, was fawning. Which leaves her totally unprepared for a return to an academy populated with the Daily Show generation: bright young minds with a very critical attitude towards the last eight years. In a meeting with Stanford students at a dormitory reception on April 27, the school’s former provost got off to a shaky start and ended in a train wreck. She may in fact have her last words in the exchange quoted back to her some day in a law court.

<object width=”425″ height=”344″><param name= “movie” value=”http://www.youtube.com/v/ijEED_iviTA&color1=0xb1b1b1&color2=0xcfcfcf&hl=en&feature=player_embedded&fs=1″> <embed src=”http://www.youtube.com/v/ijEED_iviTA&color1=0xb1b1b1&color2=0xcfcfcf&hl=en&feature=player_embedded&fs=1″ type=”application/x-shockwave-flash” allowfullscreen=”true” width=”425″ height=”344″></embed></object></p>

Let’s fact-check Rice’s claims:

(1) She perpetuates the Abu Ghraib myth (“Abu Ghraib was not policy”), even as the Senate Armed Services Committee report demolishes it. The words she uses are essentially identical to those she uttered to me at a group meeting in the White House in May 2004. But the efforts to delink the abuses in Iraq from the formation of policy in Washington—a process in which Rice played a focal role—have gone flat. The Senate report makes clear that the abuses at Abu Ghraib flowed directly from policy choices made in the National Security Council that Condi ran.

(2) In Condiworld, the threat of Al Qaeda was greater than the threat faced by the United States in World War II, as demonstrated by the 9/11 attacks. This suggestion demonstrates an astonishing failure of reasoned judgment. U.S. fatalities in World War II totaled 405,400. The student’s point was that in the face of what might legitimately be termed an existential threat (World War II), the American government did not turn to torture. That’s correct, and Rice doesn’t seem able to come to grips with it.

(3) Rice insists that no one was tortured at Guantánamo. She cites an OSCE report that called it a “model medium security prison.” But, as the report’s author stressed, this was a characterization of the physical facility. How about the treatment of the prisoners? On that score, the OSCE had a different conclusion: it was “mental torture.” The Red Cross did complete two studies of detainees at Guantánamo, and Condi’s characterization of them is false. The first report concluded that the treatment of prisoners, particularly isolation treatment, was “tantamount to torture.” The second examined the use of the Bush Program and concluded it was “torture,” no qualifications. Rice was furnished copies of these reports. Did she take the time to read them?

(4) Rice claims that the Bush Administration’s efforts to try the Guantánamo prisoners were blocked by the Supreme Court. In fact, the years of delay in bringing charges resulted from the Bush Administration’s own policies. The Supreme Court concluded that the jury-rigged military commissions system the Bush Administration put in place without Congressional authority violated Common Article 3 of the Geneva Conventions—the view that the overwhelming majority of legal authorities in the United States advanced. Had the Bush Administration followed the recommendation of career military lawyers and proceeded to military commissions based on the U.S. court-martial system, no Supreme Court review would have been necessary. So the cause of the delay rests squarely with the Bush Administration, not with the Supreme Court.

(5) Rice insists that waterboarding is not torture. Why? Rice pulls a Nixon. It was not torture because the president authorized it. In Condiworld, apparently, “when the president does it, that means that it is not illegal.” What lawyer was advising Rice through this process? That’s a pressing question–the Senate Intelligence Committee suggests that legal counsel at the National Security Council was guiding her at every step–and evidently giving her some very peculiar ideas about the law.

(6) Whereas the Senate Intelligence Committee’s summary shows Rice giving authorization for waterboarding, Rice has a different recollection. “I didn’t authorize anything. I conveyed the authorization of the administration to the agency.” This is dicing things very finely. But I think I know how Judge Garzón will understand this: Rice just confessed to a focal role in a joint criminal enterprise. Nixon White House counsel John Dean, who has a lot of first-hand experience with the legal issues in play, had the same take: Rice just admitted to her role in a conspiracy to torture, a felony under 18 U.S.C. sec 2340A. Catch Dean’s comments:

<iframe height=”339″ width=”425″ src=”http://www.msnbc.msn.com/id/22425001/vp/30508377#30508377″ frameborder=”0″ scrolling=”no”></iframe>

Visit msnbc.com for Breaking News, World News, and News about the Economy

So I score this: Stanford student 6, Rice 0. Rice needs to do some homework before her next appearance on campus. But first perhaps she’d better hire a good lawyer.

Share
Single Page

More from Scott Horton:

No Comment April 12, 2013, 11:11 am

A Final Act for the Guantánamo Theater of the Absurd?

A new report from Seton Hall University exposes government surveillance of attorney-client conversations

No Comment, Six Questions March 18, 2013, 9:00 am

Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East

Rashid Khalidi on how the United States sustains the failure of the Israel-Palestine peace process

No Comment, Six Questions February 4, 2013, 9:00 am

Mea Maxima Culpa: Silence in the House of God

Alex Gibney on his documentary investigating the Roman Catholic Church’s handling of child sex-abuse cases

Get access to 163 years of
Harper’s for only $19.97

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2013

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

Long Division

= Subscribers only.
Sign in here.
Subscribe here.

The Separating Sickness

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Editor's Note]
Why the AR-15 rifle is here to stay,
the conspiracy theories of Room 237,
and more
[Perspective]
The firearm as emblem of personal sovereignty
“Let’s review our recent national paroxysm about guns, shall we?”
Illustration by Jeremy Traum
[Report]
How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

“Even if federal gun-control advocates got everything they wanted, they couldn’t prevent America’s most popular rifle from being made, sold, and used. Understanding why this is true requires an examination of how the firearm is made.”
Illustration by Jeremy Traum
[Harper's Finest]
Wherein the author enrolls in a clinical drug trial
“This is the heart of the magic factory, the place where medicine is infused with the miracles of science.”
Illustration by Ernst Kreidolf
[Report]
Broken Heartland

= Subscribers only.
Sign in here.
Subscribe here.

“During the early 1990s, farmers throughout the Great Plains began to notice a decline in their wells. Irrigation systems from the Dakotas to Texas dipped, and, in some places, have been abandoned entirely.”
Illustration (detail) by Jeffery Smith

Years of consideration preceding the inclusion of the word “phat” in Random House’s 1996 Compact Unabridged Dictionary:

4

Scientists created crash helmets that stink when cracked and fruit flies to whom blue light smells delicious.

In Belize, a construction company bulldozed a 2,300-year-old Mayan temple to make road fill.

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

HARPER’S FINEST

Article — From the May 2007 issue

Manufacturing Depression

By

“This is the heart of the magic factory, the place where medicine is infused with the miracles of science, and I’ve come to see how it’s done.”

Subscribe Today