Sunday, October 01, 2006

The Real Power Wielders

Today's NY Times had an interesting article written by Tim Golden about the arguments within the administration about the recently passed torture bill. It seems that there were some within the executive branch who were getting nervous about the legality of the renditions, the black prisons, the torture being used in interrogations, and the failure to bring any of the real terrorists currently held in Guantanamo Bay to trial. They even made some proposals, but they were also promptly slapped down by the people who count: the Vice Emperor and the Secretary of Blowing Things Up.

In a nine-page memorandum, the two officials, Gordon R. England, the acting deputy secretary of defense, and Philip D. Zelikow, the counselor of the State Department, urged the administration to seek Congressional approval for its detention policies.

They called for a return to the minimum standards of treatment in the Geneva Conventions and for eventually closing the detention center at Guantánamo Bay, Cuba. The time had come, they said, for suspects in the 9/11 plot to be taken out of their secret prison cells and tried before military tribunals.

The recommendations of the paper, which has not previously been disclosed, included several of the major policy shifts that President Bush laid out in a White House address on Sept. 6, five officials who read the document said. But the memorandum’s fate underscores the deep, long-running conflicts over detention policy that continued to divide the administration even as it pushed new legislation through Congress last week on the handling of terrorism suspects.

When the paper first circulated in the upper reaches of the administration, two of those officials said, it so angered Defense Secretary Donald H. Rumsfeld that his aides gathered up copies of the document and had at least some of them shredded.

...On one side of the fight were officials, often led by Vice President Dick Cheney, who said the terrorism threat required that the president have wide power to decide who could be held and how they should be treated. On the other side were officials, primarily in the State Department and the Pentagon, who portrayed their disagreement as pragmatic. They said the administration had claimed more authority than it needed, drawing widespread criticism and challenges in the courts.

...In the end, the White House pressed Republican senators to accept a broad definition of “unlawful enemy combatants” whom the government can hold indefinitely, to maintain some of the president’s control over C.I.A. interrogation methods and to allow the government to present some evidence in military tribunals that is based on hearsay or has been coerced from witnesses.

The administration did concede to the senators on some rules for military commissions, as the tribunals are called. It also backed off its effort to limit its obligations under the Geneva Conventions, but fought to ensure that government personnel would be immunized from prosecution for any treatment of detainees before the end of 2005 that was cruel, inhuman or degrading.

Still, several officials said privately that the detainee legislation might fail to meet a primary goal of those inside the administration who had advocated change: quelling domestic and international criticism and moving past the federal lawsuits that have tied up parts of the detention apparatus since 2002.

...Officials said the memorandum was well received by Secretary of State Condoleezza Rice, who forwarded it to senior officials at the National Security Council. But the hope that it would lead to a broader discussion of options within the administration was quashed by Mr. Rumsfeld, they said.
[Emphasis added]

The article (quite lengthy) goes into rather impressive detail as to how Rumsfeld and Cheney kept the pressure on both the Emperor and the Senate until they got what they wanted without giving up anything of real note.

That's where the real power is. And that's why neither Rumsfeld or Cheney will be leaving any time soon.

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