An Incredible Day in America

Today, for two separate reasons, has been an incredible day in America. First, the United States has legitimized torture and secondly, the President has admitted to an impeachable offense.

First, the media has been totally misled on the alleged Bush-McCain agreement on torture. McCain capitulated. It is not a defeat for Bush. It is a win for Cheney.

Torture is not banned or in any way impeded.

Under the compromise, anyone charged with torture can defend himself if a "reasonable" person could have concluded they were following a lawful order.

That defense "loophole" totally corrodes the ban. It is the CIA, or the torturing agency, who will decide what a "reasonable" person could have concluded. Can you imagine those agencies in the interrogation business torturing on their own in trying to decide what is reasonable or what is not? What is not "reasonable" if the interrogator (wrongfully or rightfully) believes he has a ticking-bomb situation? Will a CIA or military officer issue a narrow order if he knows his interrogator believes, in this case, torture will work?