Our inability to "call a thing a thing" is why #GinaHaspel can be considered as CIA Director. Because like the refusal to call a "lie" a "lie," and to call racism by its name, much of the media and govt officials for years during the Iraq War refused to use the word "torture."
Phrases like "enhanced interrogation" were created to cover the reality of our moral descent. And then, of course the tactic of avoiding an obvious wrong by endlessly questioning, "is waterboarding torture?" These terrible evasions continue to haunt us.
Asking whether we received "good information" from torture is yet another moral evasion. Like people willing to tolerate racism if the economy improves. We have to decide who we are. Are we a nation of laws? Do we have common moral codes in the broadest sense?
Are we caretakers of a national soul?
And by the way, the answer to the question of what would you do if the President asked you to torture detainees under interrogation is: "I wouldn't follow that order or condone others following it because it is illegal and immoral." Not "I don't think he would ask me."
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Some important LDF news that flew under the radar during “Kavanaugh week”: 1/
Disappointing news: SCOTUS denied cert (won’t review)in our case challenging qualified immunity for police ofcrs in Phenix City, AL who tased our client to death (13 times after he was on the ground). Devastating. You can read our petition here naacpldf.org/files/our-work… 2/
We received permission to participate at trial representing a diverse group of Harvard students and alums, in the Harvard affirmative action case. Our team is working hard in preparation.
Today I’ll be posting those articles, books, blogs, tweets that I regard as MUST READ pieces for this moment. We must correctly diagnose this moment if we are to overcome it and win the fight for a democracy, grounded in justice, equality, dignity.
If you read nothing else, read this shattering on-point historical analysis by @AdamSerwer to understand how race lies at the center of this moment. theatlantic.com/ideas/archive/…
I’m grateful to the @ABAesq (although this sane and modest statement could have come much sooner) b/c when the dust settles our profession will be ripe for some close examination. Thousands of Black and Latino ppl face a justice system every day that is harsh & unforgiving. 1/
Inferences are regularly decided against them. Credibility is judged based on evidence. Sworn statements are the coin of the realm. Law enforcement investigations are prized for accuracy and impartiality - even when unwarranted. 2/
False statements are damning. Even slight discrepancies in sworn testimony - especially when contradicted by documents - are exploited. 3/
What's most disturbing abt the truly startling credibility questions raised by #Kavanaugh 's responses when he was confronted w/some of these documents yesterday, is imagining how attys on the Judiciary Committee & in the bar who support Kavanaugh would view the credibility of 1/
..of an average witness who responded that way in any other hearing or court of law. Every day lawyers impeach the credibility of witnesses. We know what it looks like. We recognize when witnesses are dissembling, obfuscating and outright lying. 2/
But when it comes to confirmation hearings (and lately even to judicial nominee questionnaires which are completed under penalty of perjury) the Senate Judiciary Committee simply will not address credibility and potential untruthfulness. If a nominee says it charmingly enough 3/
Interesting to hear #Kavanaugh discuss Brown and the Harlan dissent in Plessy as being the guideboook and frame for Brown & our understanding of why there can be no “separation of the races.” #KavanaughHearings
But this is so deeply elementary that it leaves a lot on the cutting room floor - much of it critical to understanding how this nominee sees the scope of equal protection and rights in modern America. So I know this is not the “Schoolhouse Rock” version but:
First of all Harlan’s dissent is the most rudimentary vision of racial equality by today’s standards. Much of it is enduring, elegant and powerful. But he also says this:
Agree. The Leahy-Coons-Booker exchanges demonstrate that the "Committee Confidential" document issue is real and substantive and must be resolved if Kavanaugh is to be truly evaluated. The Harris examination at the end was perhaps the most devastating of the day.
But something else was exposed today that was disturbing. The willingness of Kavanaugh to do more than filibuster. He deliberately conflated or confused, or misstated terms or facts of cases to avoid reconciling unpleasant aspects of his decisions or writings
Like pretending that Ms.Garza had not fully & properly used the judicial bypass to obtain an abortion before he sought to require a "sponsor" to "counsel" her. Or that the DOJ guidance against subjecting a sitting President from indictment, also means protection frm investigation