‘Not a moral blank check’
By Brad on Dec 17, 2008 in America, American Values, Bush Administration, Federal Government, Soapbox, The President, Worth Considering | comments(0)
The Atlantic’s Ross Douthat has been “thinking about torture.”
I keep waiting, I think, for somebody else to write a piece about the subject that eloquently captures my own inarticulate mix of anger, uncertainty and guilt about the Bush Administration’s interrogation policy, so that I can just point to their argument and say go read that. But so far as I know, nobody has. There’s been straightforward outrage, obviously, from many quarters, and then there’s been a lot of evasion - especially on the Right, where occasional defenses of torture in extreme scenarios have coexisted with a remarkable silence about the broad writ the Bush Administration seems to have extended to physically-abusive interrogation, and the human costs thereof. But to my knowledge, nobody’s written something that captures the sheer muddiness that surrounds my own thinking (such as it is) on the issue.
Some difficult truths:
So as far as the bigger picture goes, then, it seems indisputable that in the name of national security, and with the backing of seemingly dubious interpretations of the laws, this Administration pursued policies that delivered many detainees to physical and mental abuse, and not a few to death. These were wartime measures, yes, but war is not a moral blank check: If you believe that Abu Ghraib constituted a failure of jus in bello, then you have to condemn the decisions that led to Abu Ghraib, which means that you have to condemn the President and his Cabinet.
Given this reality, whence my uncertainty about how to think about the issue? Basically, it stems from the following thought: That while the Bush Administration’s policies clearly failed a just-war test, they didn’t fail it in quite so new a way as some of their critics suppose … and moreover, had I been in their shoes I might have failed the test as well.
Ross’ very honest “thinking” about this issue was refreshing. He framed it beyond the typical partisan framework, rather framing the issue from a very personal, morally troubled, yet pragmatic viewpoint. His post is long but well worth the read and worth considering. The last sentence that I quoted above was a profound one…
… while the Bush Administration’s policies clearly failed a just-war test, they didn’t fail it in quite so new a way as some of their critics suppose …
This is one of those uncomfortable truths that many Americans don’t realize or choose not to accept. A careful analysis of our nation’s policies throughout our history will find far too many examples of immoral and unlawful policies and actions. One example Ross cites:
The use of the atomic bomb. I think it’s very, very difficult to justify Harry Truman’s decision to bomb Hiroshima and Nagasaki in any kind of plausible just-war framework, and if that’s the case then the nuclear destruction of two Japanese cities - and indeed, the tactics employed in our bombing campaigns against Germany and Japan more broadly - represents a “war crime” that makes Abu Ghraib look like a trip to Pleasure Island. (And this obviously has implications for the justice of our entire Cold War nuclear posture as well.) But in so thinking, I also have to agree with Richard Frank’s argument that “it is hard to imagine anyone who could have been president at the time (a spectrum that includes FDR, Henry Wallace, William O. Douglas, Harry Truman, and Thomas Dewey) failing to authorize use of the atomic bombs” - in so small part because I find it hard to imagine myself being in Truman’s shoes and deciding the matter differently, my beliefs about just-war principle notwithstanding.
While I completely disagree with this administration’s policies and actions, I realize that this is indeed not “quite so new.” Which goes to this starkly profound statement from Ross…
… and moreover, had I been in their shoes I might have failed the test as well.
And that’s the fundamental point. Given the same circumstances with the same responsibilities, any of us might have made similar decisions as Bush and Harry Truman. That’s because we as humans fail, especially when under extreme circumstances. And that’s why we have laws — to help us make the right decision when the right decision is the most difficult one to make in the midst of the worst of circumstances.
An analogy: If someone were to harm one of my daughters in any way, I undoubtedly would be consumed by rage. My fatherly instinct would be to exact pain and suffering in a proportionally magnified degree greater than that which was inflicted upon my child. What keeps me from unleashing this instinctive (and some would argue justifiable) revenge are laws and the consequences that come with those laws. And those laws are there to maintain a civilized and orderly society and to protect us all from our human failings — things like misidentified persons being wrongly caught up in regrettable, yet nonretractable retaliation (such as killing the wrong man whose later proven to be innocent).
As much as I abhor this administration’s policies and actions, I find myself among those who have no stomach for a major reckoning of those who made these disastrous decisions. What I do want, as a condition of immunity from future prosecution, is a full accounting of the decisions made, the orders given and the actions taken by all those involved as well as an acknowledgement that these were wrong and regrettable.
We have to learn from our mistakes. But we have to acknowledge them as mistakes before we can truly learn from them and take corrective action.

Over the weekend, she was telling us about a substitute teacher she had in a couple of her classes on Friday. The curriculum for the day was apparently Mauri Povich during one class period and Divorce Court in another class period. For the students, this was entertaining, especially when the substitute talked back to the TV during Divorce Court. But, as you might imagine, to parents like us, such information raised eyebrows — or in my case, an exclamation of “WHAT?!?”

I have a fan — fellow Okie blogger Jim Martin, publisher of 

