How to avoid prosecuting Bush and Cheney

Prosecuting George W. Bush, Dick Cheney and others for torture-related war crimes would be madness, and President Obama clearly doesn’t want to do it. But torture is serious business. What should we do?

At ThePhoenix.com, civil-liberties lawyer Harvey Silverglate shows us the way out.

David Gregory grooves one for Rice

Could David Gregory have possibly done a worse job in his interview with Secretary of State Condoleezza Rice on “Meet the Press” Sunday? More than anything, what stood out was the moment when he made her own false point for her, sparing her the trouble of having to do it herself:

GREGORY: Let’s talk about Iraq. The president’s final visit there as president happening just a week ago today, and what became, obviously, the most noticed image of that trip was this press conference with the prime minister and a member of the press throwing his shoes. As the president pointed out, as you’ve pointed out, certainly a sign of freedom in Iraq.

RICE: Yes.

GREGORY: You got a press corps that can speak its mind and act the way it wants to act.

Notice that the Gregory quotes contain several English-like phrases, but that he is not actually speaking English. But to my point: Gregory cites the shoe-throwing incident as “a sign of freedom in Iraq,” following up with: “You got [sic] a press corps that can speak its mind and act the way it wants to act.”

Well, yes, for those members of the press who are willing to pay the consequences. The reporter who threw his shoes at Bush, Muntadhar al-Zeidi, was reportedly beaten so badly after the incident that there was blood on the floor.

Al-Zeidi was then hauled off to jail, where he sits to this day. He is scheduled to go on trial on Dec. 31, and could face as much as 15 years in prison, although such a harsh sentence is reportedly not likely.

Now, please don’t misunderstand me. You can’t assault the head of state from another country, standing next to your prime minister, and face no consequences. For that matter, if an American reporter had stood up at a White House news conference and thrown his shoes at the president, he’d be in trouble, too.

But Gregory, rather than make those common-sense observations, chose instead to say something completely untrue, making the interview even easier for Rice than it otherwise would have been.

Then again, Gregory had scored the first major interview with the secretary of state since Vice President Dick Cheney publicly bragged about his role in promoting torture and in going to war regardless of whether Iraq had weapons of mass destruction. And Gregory didn’t ask Rice about Cheney’s statements, either.

Gregory is not off to a good start in his new role.

The final word on McClellan’s book

Given the ever-accelerating nature of the news cycle, I suppose this was bound to happen someday. Today is the official release date of former White House press secretary Scott McClellan’s book, “What Happened: Inside the Bush White House and Washington’s Culture of Deception.” And, as a news story, it’s already over.

But since I gave up two and a half hours on Saturday night so I could skim through an advance copy I’d been able to buy (and you thought your social life was pathetic), I’m going to share a few of my thoughts before the book slips under the waves once and for all.

1. There is nothing in “What Happened” that is interesting beyond the identity of the person who wrote it. As press secretary, McClellan was the slow-talking, dull-witted stooge who knew little and said less. Unlike his predecessor, the sharp and disdainful Ari Fleischer, or his successor, the sharp and combative Tony Snow, McClellan’s very presence came across as a way of telling the media that they didn’t matter — to “de-certify” the press, as Jay Rosen has written.

Thus it is of passing interest that McClellan has come to see that he was used; that the cool kids he thought were his friends were snickering behind his back and lying to him, as he says Karl Rove and Scooter Libby did regarding their roles in the Valerie Plame matter. But his book — which should have been titled “What Happened?” — is simplistic and unoriginal in its analysis.

2. McClellan swallowed a lot for a long time. A number of observers have pointed to McClellan’s claim that George W. Bush, during the 2000 presidential campaign, said he couldn’t remember whether he’d ever snorted cocaine as evidence that McClellan had spent way too much time looking the other way. But I was struck by a different anecdote.

As a spokesman for then-Texas governor Bush in the late 1990s, McClellan says he had to defend Bush’s use of the death penalty, despite his own opposition to capital punishment. McClellan writes:

My thinking is grounded in a moral belief. I’m deeply troubled by the idea that even one innocent person could fall through the system and be put to death for a crime that he or she did not commit. [p. 42]

Trouble is, McClellan was flacking not just for a run-of-the-mill pro-death-penalty governor, but for the executioner-in-chief, a man who never met an inmate he didn’t want to kill. So memorably callous was Bush that, in 1999, he mocked the last moments of Karla Faye Tucker — who’d become a cause célèbre because of her born-again Christianity — in an interview with Tucker Carlson.

McClellan has a strong stomach, to say the least.

3. It’s all Bill Clinton’s fault. But of course. To the extent that “What Happened” has an idea behind it, it is that Bush allowed the “permanent campaign” — the subordination of governing to a state of constant political gamesmanship — to destroy the nation’s post-9/11 unity and to ram through support for the war in Iraq. (McClellan cites a 2000 book by Norman Ornstein and Thomas Mann called “The Permanent Campaign and Its Future,” but does not mention Sidney Blumenthal’s better-known book, “The Permanent Campaign: Inside the World of Elite Political Operatives,” published some 20 years earlier.)

Amazingly, McClellan casts this as a matter of Bush’s failing to live up to his promise of not being like Clinton. McClellan:

Imitation, they say, is the sincerest form of flattery. If so, members of the Clinton administration should feel deeply flattered when they look at the Bush administration. In our own way, we built on the art form the Clinton White House established and took it to a higher level. [p. 311]

Thus does McClellan compare Clinton’s overly cautious but largely successful record of governance with the Bush-Cheney disaster. To point out the obvious: Clinton lied about his reprehensible personal life. By McClellan’s own telling, Bush lied about his reasons for going to war in Iraq, fearing the public would not support his misguidedly idealistic vision of forcing democracy on the Iraqis whether they wanted it or not. Not the same thing.

4. It doesn’t matter whether McClellan is being disloyal or not. No, McClellan is not a loyalist. Maximum loyalty would have required him to keep his mouth shut at least until after Bush had left office. This might make McClellan a dubious choice for a best friend. It does not make him an unreliable reporter. What Bob Dole said may be right, but it’s also beside the point.

On “Meet the Press” Sunday, Tim Russert was at his mindless worst. The entire interview consisted of observing that McClellan had said one thing then and another thing now. It’s bad enough when Russert does it to a politician whom he wants to portray as a flip-flopper. In McClellan’s case, though, it was ludicrous.

The entire point of “What Happened” is that McClellan believed one thing when he was press secretary, and has come, through the course of writing his book, to believe something else entirely. McClellan explains this well in the preface. If Russert had focused less on “you changed your mind” and more on “why did you change your mind,” it would have been a far more valuable exercise.

5. Just as we thought, he really was out of the loop. McClellan tells us that, as press secretary, he was excluded from Karl Rove’s “strategery” meetings (Rove’s comic term), National Security Council meetings, even the daily communications meetings with Bush, Rove, Dick Cheney, Andy Card, Condoleezza Rice, Karen Hughes and, later, Dan Bartlett. McClellan writes:

Over time, I realized that the reason the press secretary was treated this way had nothing to do with who occupied the position but rather was rooted in distrust of the national media. Neither the president nor most of those in his inner circle of advisers placed any great value on the national media, including the White House press corps. [p. 155]

Gee, you think?

There are numerous problems with craft and logic in “What Happened.” On page 121, for instance, McClellan writes that, in 2002, a majority of the public “erroneously” believed that Saddam Hussein was involved in the 9/11 attacks, yet he fails to grapple fully with the administration’s own role in spreading that belief. There are numerous instances of re-created dialogue between him and Bush, some of it going back years.

McClellan also blames Rove and company for politicizing every issue they dealt with, yet he himself sees the failures of Katrina largely in political terms. McClellan dwells at absurd length on Rove’s less-than-brilliant idea to have Bush photographed while looking down on New Orleans from the luxury of Air Force One. A bad PR move? Sure. But it would have been quickly forgotten had Bush not so completely bungled the government’s response.

But enough. “What Happened” will be forgotten within days. What matters is that Scott McClellan, of all people, has turned truth-teller, at least to the extent that his limited abilities allow. The most poignant section in the book comes early:

I frequently stumbled along the way and failed in my duty to myself, to the president I served, and to the American people. I tried to play the Washington game according to the current rules and, at times, didn’t play it very well. Because I didn’t stay true to myself, I couldn’t stay true to others. The mistakes were mine, and I’ve suffered the consequences. [p. x]

McClellan couldn’t have prevented the mistakes of the past seven and a half years, but he could have spoken up earlier. He could have resigned as a matter of principle. Instead, he’s written a book that few will read, but that has considerable symbolic value nevertheless. That’s not only better than nothing. It’s also quite a bit more than we had reason to expect.

Beyond sweets and flowers

Listen in as Dick Cheney tries, in September 2002, to persuade Dick Armey that going to war against Iraq is a good idea:

We have great information. They’re going to welcome us. It’ll be like the American Army going through the streets of Paris. They’re sitting there ready to form a new government. The people will be so happy with their freedoms that we’ll probably back ourselves out of there within a month or two.

I happen to think Cheney and President Bush actually believed this stuff. I’m not sure whether that’s better or worse than the alternative explanation.

The sagacious Dick Cheney (II)

Jon Garfunkel has some thoughts on the 1994 Dick Cheney tape. There’s a lot in here, including some ramblings from the conspiracy-minded left as to whether the media are deliberately ignoring evidence that George W. Bush is prematurely senile. But Garfunkel does get to the heart of the matter with this about the Cheney tape:

[W]hat’s remarkable is that no one found this earlier — five years ago would have been a good time. Vice President Cheney appeared on Meet the Press with Tim Russert on September 8, 2002 and then on March 16, 2003, three days before the Iraq war. Russert asked him reasonably tough questions. In the March interview he showed a video clip from Cheney’s appearance on the the show during the 2000 campaign. Cheney had said in 2000 that they didn’t go to Baghdad on the advice of the neighboring governments in the coalition. What had changed, to Cheney and the war’s supporters, was the world on 9/11. But while the specter of global terrorism may have changed the urgency for war, it could not have changed the expectations about the quagmire. Either the 1991 NPR clip or the 1994 C-SPAN clip would have brought that more directly.

Garfunkel makes an important point here. After I posted my earlier item, several Cheney defenders wrote comments saying, essentially, So what? Lots of politicians change their minds. Look at John Kerry! Karl Rove said the same thing yesterday in his appearance on “Meet the Press,” telling substitute host David Gregory:

He [Cheney], he was describing the conditions in 1994. By 2003 the world had changed. It changed on 9/11, and it became clear — it should be clear to every American that we live in a dangerous world where we cannot let emerging threats fully materialize in attacks on our homeland…. [P]eople are entitled over time to look at the conditions and change their mind, and that’s exactly what Dick Cheney did.

Well, yes. But, as Garfunkel observes, changing your mind about the threat posed by Iraq is one thing (John Maynard Keynes: “When the facts change, I change my mind. What do you do, sir?”), but changing your mind about the consequences of war is quite another. We now know that Cheney got it exactly right in 1994. We have no idea why he later decided the invasion and its aftermath would be a cakewalk. Did Ahmed Chalabi really hold that much sway?

Not that it could have stopped the war, but it’s a shame that Cheney’s 1994 words couldn’t have been thrown in his face in 2002 and ’03, before the invasion. Forcing him to explain why he no longer believed the war would lead to a quagmire would have been a useful exercise. It’s nice that it’s come out now, but at this late date it only confirms what most Americans believe about a vice president they detest and a war they no longer support.

Update: The Telegraph quotes Media Nation.