Fire Stuart Taylor, Jr. Impeach George W. Bush. Impeach Richard Cheney. Do It Now.

Ah. Back in 2004 Stuart Taylor, Jr., was an enthusiastic endorser of the Bushies' deeds at Guantanamo, with phrases like "It's easy to sit in judgment on those assigned to deal with the threat of catastrophic terrorism.... Telling a prisoner that he or his family will be killed unless he talks is not torture.... Torture may be justified.... [D]efine "torture" narrowly enough on a case-by-case basis to leave considerable leeway for tough, coercive interrogation.... [U]ndue fastidiousness in interrogating terrorists could lead to the preventable murders of thousands of people..." Now Stuart Taylor Jr. says that he has "suspected for years" that the Bushies were up to no good in Guantanamo.

Feh.

When, in mid 2004, Erin Waters of the National Journal wrote me to ask why I had not resubscribed, I wrote back saying that I would never pay another cent to the National Journal as long as it employed ethically-challenged lawyers like Stuart Taylor Jr. who took America's major edge--that we are the Good Guys--and threw it in the trash. I had examples:

Why I Will Not Resubscribe to the National Journal:

Stuart Taylor: There is no evidence that the administration ever approved "torture" (which it has defined extremely narrowly) as a matter of policy. Justice did approve a number of highly coercive, still-classified interrogation methods, such as feigning suffocation and subjecting prisoners to sleep deprivation and "stress positions." Using such methods, the CIA squeezed valuable information out of Qaeda leaders...

Stuart Taylor: Some of the attacks on the recently leaked Bush administration legal memoranda about the use of torture and lesser forms of coercion to extract information are a bit facile. It's easy to sit in judgment on those assigned to deal with the threat of catastrophic terrorism. It's much harder to provide morally or legally satisfying answers.... Telling a prisoner that he or his family will be killed unless he talks is not torture, for example, unless the threat is of "imminent" death...

Stuart Taylor: Torture may be justified in rare [cases].... [W]hat about the Qaeda member caught by Philippine intelligence agents in 1995 in a Manila bomb factory? Defiant through 67 days of savage torture -- most of his ribs broken, cigarettes burned into his private parts -- he finally cracked when threatened (falsely) with being turned over to Israel's Mossad. And he revealed the so-called "Bojinka" plot to crash 11 U.S. airliners and 4,000 passengers into the Pacific...

Stuart Taylor: The best way to minimize the conflict between the need for aggressive interrogation and the prohibitions of human-rights law may be to define "torture" narrowly enough on a case-by-case basis to leave considerable leeway for tough, coercive interrogation short of excessive brutality.... Coercive interrogation of suspected terrorists is arguably legal.... This view... seems right.... [U]ndue fastidiousness in interrogating terrorists could lead to the preventable murders of thousands of people...

Stuart Taylor: [I]t's clear... there should be no Miranda warnings or lawyers for suspected Qaeda terrorists.... The same logic holds to some extent even if the suspect is a U.S. citizen, and even if he is seized on U.S. soil, as in the case of the Brooklyn-born Padilla...

http://nationaljournal.com/members/buzz/2004/openingargument/070604.htm http://nationaljournal.com/members/buzz/2004/openingargument/061404.htm http://nationaljournal.com/members/buzz/2004/openingargument/051004.htm http://nationaljournal.com/members/buzz/2004/openingargument/051004.htm
http://nationaljournal.com/members/buzz/2003/openingargument/031003.htm

And, yes, now--many days late and many dollars short--Stuart Taylor, Jr. has changed his tune. Gary Farber points us to:

Stuart Taylor: Falsehoods About Guantanamo (02/06/2006): [C]ountless assertions by administration officials over the past four years that all -- or the vast majority -- of the prisoners at Guantanamo Bay are Qaeda terrorists or Taliban fighters captured on "the battlefield"... have been false.... [M]any of the 500-odd men now held at Guantanamo... were captured on Afghan battlefields or were terrorists... [but] many of us have suspected for years:

• A high percentage, perhaps the majority, of the 500-odd men now held at Guantanamo were not captured on any battlefield...
• Fewer than 20 percent of the Guantanamo detainees, the best available evidence suggests, have ever been Qaeda members.
• Many scores... were innocent, wrongly seized noncombatants with no intention of joining the Qaeda campaign to murder Americans.
• The majority were... handed over by reward-seeking Pakistanis and Afghan warlords and by villagers of highly doubtful reliability. These locals had strong incentives to tar as terrorists any and all Arabs they could get their hands on... including noncombatant teachers and humanitarian workers. And the Bush administration has apparently made very little effort to corroborate the plausible claims of innocence detailed by many of the men who were handed over....

The tribunal hearings, based largely on such guilt-by-association logic, have been travesties of unfairness. The detainees are presumed guilty unless they can prove their innocence -- without help from lawyers and without being permitted to know the details and sources of the evidence against them. This evidence is almost entirely hearsay from people without firsthand knowledge and statements from other detainees desperate to satisfy their brutally coercive interrogators. One file says, "Admitted to knowing Osama bin Laden," based on an interrogation in which the detainee -- while being pressed to "admit" this, despite his denials -- finally said in disgust, "OK, I knew him; whatever you want."... The administration's unspoken logic appears to be: Better to ruin the lives of 10 innocent men than to let one who might be a terrorist go free.

This logic would be understandable if the end of protecting American lives justified any and all means, including the wrecking of many more innocent non-American lives. So, too, would be the torture (or near-torture) in late 2002 of the above-mentioned al-Kahtani... interrogated for 18 to 20 hours a day for 48 of 54 days; he had water dripped on his head and was blasted with cold air-conditioning and loud music to keep him awake; his beard and head were shaved; he was forced to wear a bra and panties and to dance with a male jailer; he was hooded; he was menaced with a dog, told to bark like one and led around on a leash; he was pumped full of intravenous fluids and forced to urinate on himself; he was straddled by a female interrogator and stripped naked; and more -- all under a list of interrogation methods personally approved by Rumsfeld. Al-Kahtani may well have had valuable information. But it appears that many other detainees who had no information... have been put through "humiliating acts, solitary confinement, temperature extremes, use of forced positions" in a systematic effort to break their wills that is "tantamount to torture."...

Bush has... pledged that the Guantanamo detainees are treated "humanely." At the same time, he has stressed, "I know for certain... that these are bad people" -- all of them, he has implied.

If the president believes either of these assertions, he is a fool. If he does not, choose your own word for him.

Stuart Taylor Jr. Many days late. Many dollars short. And not a single sentence apologizing for his enthusiastic endorsements of the Bushies in the past.

Impeach George W. Bush. Impeach him now. Impeach Richard Cheney. Fire Stuart Taylor too.