Either Torture Is Ongoing Or the Administration Is Hiding Something Else

I don’t mean to be ungrateful that the NYT wrote an editorial about the 2nd Circuit’s decision to help the CIA hide its torture documents from FOIA. I’m not! I’m glad they’re noting how the courts are collaborating in hiding our government’s crimes from us.

But I’m going to be a bit pedantic about it.

As almost every outlet has when covering the 2nd Circuit decision, the editorial focuses primarily on the picture of Abu Zubaydah after he was tortured. That makes sense. A picture is so concrete, so easy to understand.

It does, however, also mention the court’s ruling hiding what the government has all-but confirmed is mention of the Gloves Come Off Memorandum of Notification. But it interprets those references to “concern the origins” of the torture program (I’m also grateful that NYT used the word “torture,” btw).

The court also said the C.I.A. was justified in withholding two passages in Justice Department memos that appear to concern the origins of the Bush torture program.

Now, I don’t blame the NYT for not saying this is the Gloves Come Off MON–while both Judge Alvin Hellerstein and DOJ have all-but confirmed that, that’s not adequate proof for the NYT. But these passages either represent more than “the origins of the torture program,” or we’re still in the torture business.

That’s because in his opinion, Judge Richard Wesley makes it clear that the references are to an ongoing activity.

We give substantial weight to the Government’s declarations, which establish that disclosing the redacted portions of the OLC memoranda would reveal the existence and scope of a highly classified, active intelligence activity.

In the middle of an opinion discussing torture, Wesley said some activity relating to torture  is still active.

Now, I’m not saying I think torture (well, waterboarding, anyway) is still ongoing. As I have noted, all the evidence suggests the government is hiding this very short reference to the Gloves Come Off MON because releasing it might amount to admission of all the other covert programs either explicitly or implicitly included in it–including the drone program, but also including things like buying the services of the Egyptian intelligence services.

Furthermore, we reject the district court’s suggestion that certain portions of the redacted information are so general in relation to previously disclosed activities of the CIA that their disclosure would not compromise national security. It is true that the Government has disclosed significant aspects of the CIA’s discontinued detention and interrogation program, but its declarations explain in great detail how the withheld information pertains to intelligence activities unrelated to the discontinued program.

But until the Administration explains all this, what we’ve got is a Circuit Court judge saying that he can’t release a half sentence phrase–one appearing in the title of Torture Guidelines–because that half sentence phrase relates to an activity that is still ongoing.

Which is it folks? Torture? Or simply a whole bunch of equally terrible things?

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bmaz @Millicentsomer Lili, have another glass of wine, there is no bottom to the hole you just jumped in.
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bmaz @PhoenixWomanMN @armandodkos In fact, I was much more favorable to HRC in primary until I saw how dishonest and petty her team is.
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bmaz @PhoenixWomanMN @armandodkos I do NOT hate Clinton, I admire her in very many ways. Think some of her policies are atrocious+prefer Sanders.
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bmaz @PhoenixWomanMN @armandodkos Perhaps I mistook you for someone else. But you can flat out stick your trite little CDS shit.
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bmaz @PhoenixWomanMN @armandodkos This is the same asinine horseshit you pulled in 2008. well you can fuck right off with that.
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bmaz @richganske That RAF bar is pretty awesome looking
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bmaz @shannynmoore No kidding. Just saw someone compare them to INXS. Not seeing that in the least.
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bmaz @ZoeNoeTek Yep, you too.
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bmaz @PhoenixWomanMN @armandodkos Team Clinton can stick that shit. Why don't you account for the hundreds of thousands dead from her sick wars?
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bmaz @ZoeNoeTek No. Frankly anybody that would want the job of President is probably the wrong person to have it.
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bmaz @PhoenixWomanMN @armandodkos Like I give a flying fuck about Devine? Seriously spare me this two bit Clintonian horseshoe.
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bmaz @ZoeNoeTek Heh, you mean like having Bill Gates clean up the internet?
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