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April 17, 2009
The President ties his own hands on terror
Posted: 11:45 AM ET
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The Obama administration declassified and released torture documents.
The Obama administration declassified and released torture documents.

Michael Hayden and Michael B. Mukasey
The Wall Street Journal

The Obama administration has declassified and released opinions of the Justice Department's Office of Legal Counsel (OLC) given in 2005 and earlier that analyze the legality of interrogation techniques authorized for use by the CIA. Those techniques were applied only when expressly permitted by the director, and are described in these opinions in detail, along with their limits and the safeguards applied to them.

The release of these opinions was unnecessary as a legal matter, and is unsound as a matter of policy. Its effect will be to invite the kind of institutional timidity and fear of recrimination that weakened intelligence gathering in the past, and that we came sorely to regret on Sept. 11, 2001.

Proponents of the release have argued that the techniques have been abandoned and thus there is no point in keeping them secret any longer; that they were in any event ineffective; that their disclosure was somehow legally compelled; and that they cost us more in the coin of world opinion than they were worth. None of these claims survives scrutiny.

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20 Comments
20 Comments
Michael "C" Lorton, Virginia   April 17th, 2009 11:55 am ET

When you are fighting a war of any kind--being a "gentleman," will in most instances, will get you killed--that is the nature of the beast-–ask the gentlmen who organized the 9/11 incident-I'm sure they can provide you with an "acceptable" answer that is defendable in a court of law.

Andy   April 17th, 2009 1:10 pm ET

Hey can somebody help me out here...Everyone is talking about torture but I haven't seen any yet. Are they talking about Gitmo? Thats not torture. I have done worse to my little brother when we were growing up and he is just fine. He's actually a United captain now. All they are doing is giving those animals a glorified time out. Stand in a corner- WOW. Give me a break. If I was running that deal I would march a bunch of them out to the yard, pour gasoline on them and tell them to talk or burn. What would they do to extract info from us? Lets not forget why they are there. It's not a bunch of unpaid parking tickets either.
Light 'em up,
Andy

Ken Clayton   April 17th, 2009 1:27 pm ET

Jeffrey Tubin said last night that there was no evidence the Bush Administration's interrogation techniques worked and David Gergen agreed completely. Messrs. Hayden and Mukasey assert in their article that information obtained through such interrogations has been invaluable in the war on terror and that details of these interrogations and the information obtained thereby were disclosed in more than 30 congressional hearings. Messrs. Hayden and Mukasey should be asked to appear on AC360 so the American people can make a judgment who is right on this important issue.

Anthony R. Maldonado   April 17th, 2009 1:31 pm ET

We do not torture..The Numenberg Trials set up a prescendent on the same thing. We saw millions of people disappear, both in Russia and of Japan the of course the final blow Germany where Jews Catholics. Read..... Article 8 on the Numenberg Trials. It changed the world for ever. If we do move this stone over ourselves we willl be caught in a internationl hounds of heaven. What reputation will we ever have after we fail to go after people who were deemed nonpeople. We call ourselves a so called Christian Nation. Christ was have nothing to do with this one. Europe will move swiftly on this one overnight. We as a
NAtion then will have the blood of these people and many more who died after the invasion of Iraq because of these mindless murders.
Maybe what people say about us that Amrerica is indeed a vilence Nation. Exporting our violence will never hold water for justice.

Dan Stewart   April 17th, 2009 1:32 pm ET

Once again the utterly criminality and disdain for human rights and the rule of law becomes clear. Bush and his bunch of zealots have broken the law and dragged this country through the dirt in the process. TO the apologists and supporters of torture, have you no shame? There have been repeated reports on why torture does not work and why its so terribly counter productive.
Given the seriousness of these crimes I would like to see Bush, Cheney, Yoo, Bybee, Addington and the rest of the people that designed this disgusting policy prosecuted to the full extent of the law.

wilma harth   April 17th, 2009 1:35 pm ET

To David Gergen: As senior political analyst for CNN, I was repulsed and disgusted by the unprofessional and frankly, slanted coverage given to the tax "tea Parties" coverage. All you could do as Anderson Cooper snickered his way through the commentary was giggle", as Cooper carried on w/ his condescending commentary on a very large segment of Americans who were freely allowed to express their opinions regarding issues that as citizens had a perfect right to give a voice to their very real concerns as to the path that this administration seems to be going!

Many reporters on CNN have lost any semblence of unbiased coverage. This is the tip of the iceberg and CNN has lost any ability to be objective Talk about "yellow Journalism!!
. Cooper guess what! This is not just a few uninformed ,misled stupid
protestors. I know You will someday live to eat your arrogant words.
And Mr. Gergan I expected some courage on your part and saw none. How much intergrity must you lose to retain your "Title"
P.S. I wonder if this will be "Buried " in your so-called volume of e-mails??

Jeanette   April 17th, 2009 1:52 pm ET

What is the matter that we have to show our dirty laundry to our enemies, isn't it enough that they did what they have done.

Why does the Obama administration think they should keep cutting down our country and apologizing all the time?? I don't think any other nation does this and they do a lot worse than we do. STOP IT NOW!!!!!!

Mike Syracuse, NY   April 17th, 2009 2:15 pm ET

The day will come when American lives will be lost because of Obama's actions. It has long been a practice that we never disclose methods and sources of gathering intelligence. Such things are kept Top Secret long after the information itself has been declassified. By telling our very real enemies, as well as would be enemies, what we will and won't do is to make them more prepared and us less prepared. They have a name for giving aid and comfort to the enemy. It's called treason.

earle,florida   April 17th, 2009 2:16 pm ET

Why is it ,you guys at the Wall St. Journal are such war-mongers,highly moralistic,lovers of high unemployment ,self proclaimed patriots ,fearless mercenaries, always volunteering other lives for your sanctimonious cause? You people are as a great historian wrote: The enemies of freedom! You dare not argue acceptance under recital of defiance,but shout,bludgeon,and shoot your feigned adversary whereas no one is safe from freedom,...?

Viresh Fernando   April 17th, 2009 2:24 pm ET

In the trials at Nurenberng which tried world war II war criminals it was held that obedience of (superior) orders was not an acceptable defence.

Jaycie Ingersoll   April 17th, 2009 3:00 pm ET

These writers and Bush Administration partisans totally miss the point: It's not about what kind of people the terrorists are and what their moral standards are, it's about what kind of people WE are and how we uphold our own laws and moral standards. Under Bush rule, and now under Obama, we have lowered OUR standards to those of the terrorists or even lower. We have these standards and laws not because they are easy or convenient, but because they are morally right. I loather what the Bush cabal has done to our country, but Obamamay be even worse (and I was one of his supporters!) because he is not only an attorney but has also taught law. AS he must surely know, he is REQUIRED to investigate and prosecute war crimes according to the terms of several treat ies signed by this country. The Bush administration clearly believed that they were above the law, and apparently, so does President Obama. Why should I, why should anyone feel compelled to obey our laws when out leaders feel so free to ignore them?

Chi Town   April 17th, 2009 4:06 pm ET

Viresh Fernando

Agreed... but only in the case in which a death occured.

In this case... they are quilty of scaring guys with caterpillars...
So I say give them all a 500 dollar fine... which is average for assault without intent to commit bodily injury in most States.

Mike Syracuse, NY   April 17th, 2009 5:13 pm ET

@Viresh, so keeping a prisoner in diapers is the same as killing millions in concentration camps. You libs need to get real. I suppose if an American city were about to be nuked, and it could be stopped by putting someone in a box with bugs, you'd rather see a million Americans die?

Clifford Franklin   April 17th, 2009 5:20 pm ET

Viresh, this has nothing to do with the atrocities committed by the Nazi's it's NOT EVEN CLOSE, and your attempt to do so is stupid.

Nice spin CCN is trying to put on this story...Obama tieing his own hands????????? What a laugh, this is a political stunt to appease the lefties calling for war trial, giving them what they need to continue the screetching. It also allows Obama to validate his "American's are sorry" tour.....

Makes me sick to put terrorists rights ahead of all else.

Allan   April 17th, 2009 6:53 pm ET

Isn't it obvious your president obama is trying to destroy our country by spending all of our money and kill any bit of respect that we have had through out the world it is exactly why he ran for President of the United States ( and yes I do know that president obama should have been capitolized but he don't deserve it

Annie Kate   April 17th, 2009 8:12 pm ET

While the intelligence gathered was probably of great use to our intelligence gathering organizations, I don't think that justifying inhumane treatment with results in any way excuses the use of torture. We are suppose to be as a country and a people the example (the good example) for the rest of the world. Practicing torture even on a limited basis does not a good example make.

Ken Clayton   April 17th, 2009 8:23 pm ET

Jeffrey Toobin said last night that there was absolutely no evidence that the Bush administration's interrogation techniques were effective in obtaining valuable intelligence from prisoners in the war on terror, and David Gergen agreed with him completely; however, Messrs. Hayden and Mukasey claim in today's WSJ editorial that the Bush administration's interrogation techniques yielded extremely valuable intelligence that helped avert terrorist attacks in the U.S. and Europe and that the details of the intelligence and the methods used to obtain it were fully disclosed in more than 30 congressional briefings and congressional hearings beginning in 2002. Why not invite Messrs. Hayden and Mukasey to appear on AC360 so they can explain their contentions regarding this important national security issue and allow Messrs. Toobin and Gergen to respond?

Dan   April 17th, 2009 8:39 pm ET

Kudos to you for telling it like it is.

It is disgusting to have a President of the United States bow before any Prince or King.

It is disgusting when our president only knows how to apologize and call his country arrogant.

Releasing our dirty laundry makes us the laughing stock of the world.

RoboBrain   April 17th, 2009 11:42 pm ET

I think its a great idea and a great gesture not just to the Cuban government but the world. Showing them that the US is not all Hollywood and we can make decisions to. Please remember this was in a time of declared War so it wasn't breaking the law. But with the relations proposed to Cuba and the rest of the world it would be rather contradictory to not show that we have released and changed dirt and so can you with the treatment of your people in custody. What seems to boggle me the most is how nobody is talking about Saddam Hussein and how we took a great part in handing and the cause of his death. Or the CIA documents destroyed by Chaney, his last hears in the White house and what did they had in them, from what year was in them and why?

Clifford Franklin   April 17th, 2009 11:47 pm ET

Hey Jaycie,

The fundamental difference between Dems and Reps on this issue is that Dems view this as a criminal issue, Reps see this as war, which I agree with.

War.Jihad was declared and they started killing Americans. Beruit marines baracks, African embassies, Khobar Towers, 911....this IS war, it can't be fought by whimping out on so called torture techniques, we're being played like fiddles, our enemies know that too many Americans have no stomach for fighting this war and they use that against us......

Think what you want, but these people are NOT criminals with rights, they want to KILL you and me, dem or rep, lib or conservative...doesn't matter they WANT US DEAD!!!!!!!!!!!!!!!!!!

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