Here’s an email I just sent to everyone in my firm:
| The report of the Senate Select Committee on Intelligence was released a few minutes ago. It can be downloaded here. Everyone should read as much of it as they can bear. |
| Barest summary of the report: In the years after 9/11, the CIA systematically tortured terror suspects and other detainees pursuant to orders from the Executive branch. Senior members of the Bush Administration (presumably including Vice President Cheney) committed war crimes, in knowing violation of both international and US law, under cover of deliberately shoddy and misleading legal advice from, among others, a sitting Federal judge. No one will be prosecuted. |
| The report’s most important conclusion: The torture yielded no actionable intelligence, a fact that should finally put an end to the specious arguments about ends and means. That torture doesn’t “work” is not a surprise. Torture isn’t, and wasn’t, about extracting information. It is, and was, about power, revenge, rage and cruelty. Certainly, torture isn’t a sign of strength, or moral clarity in the face of existential danger. It’s a sign of fear and, ultimately, weakness. |
| Justification for this email: If a meaningful distinction can be made between “law” and “politics” – and, by extension, between what is and what is not appropriate for workplace discussion – my considered judgment is that the attached Senate report is concerned with issues of law. At the very least, the report (in its discussions of the Yoo and Bybee memos) highlights the ethical lapses lawyers can commit when pressured by important clients to reach a favorable conclusion. |
| Jeff |