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June 22, 2004
Memo Dump

Froomkin parses today's "surprise" release of prisoner treatment memos and orders by the White House.

So, as usual, the administration is covering its ass so precisely and carefully that one can never say that they have technically lied or technically broken the law. At least not the law once they're finished interpreting it.

I've said this before, but again, this really misses the point. Are we really going to let them off the hook because they didn't technically lie, they only purposely misled? Is our standard for an acceptable government only that they don't precisely violate the letter of the law, regardless of the consequences or morality of their actual actions?

As for the presidential order released today, it says that captured alleged al Qaeda members do not have rights, but that they should be treated "humanely," as long as it's not too inconvenient.

Whew! That's very reassuring.

And how is it that our official policy is that these people "don't have rights?" Have we abandoned the notion of basic human rights altogether?

I don't read anything very convincing in Bush's order. It provides some nice pull quotes if you want to support the White House position, but if you read the whole thing, there's as much latitude as any torturer could want.

The media is already falling for this latest document dump diversion (DDD). The New York Times headline on the subject is Orders by Bush About Prisoners Set Humane Tone. Humane tone? Is that all we need?

In fact, the headline is quite accurate, if completely misleading. The president's orders did set a humane tone, and that's all they did. They did not prohibit the use of torture in all circumstances, and they included enough caveats to allow pretty much anything to happen if someone -- no specification as to who would have to do this -- deemed it militarily necessary or "convenient."

Bush concludes that he can do whatever the hell he wants, but for the time being, he's waving his benevolent hand over the detainees and sparing them torture. You know, as long as it's not inconveniencing anyone.

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