Obama Press Conference: Nailing Torture, Trashing the Pakistani Government

Related Post: Pakistan - Who's in Charge?
Video and Transcript: President Obama “Day 100″ Press Conference (29 April)

President Obama offered an excellent presentation in Wednesday night's press conference. He was in command, fluently moving from his opening agenda on swine flu and the economy to questions on foreign policy, the US auto industry, and the financial sector. He even dealt effectively with the puffball question, courtesy of a New York Times correspondent, "What has surprised you the most about this office? Enchanted you the most from serving in this office? Humbled you the most? And troubled you the most?"

Obama said little about foreign policy and security in his initial statement, dealing with the immediate health crisis and the Federal Government's budget, but the third question put him on the spot over torture:

You’ve said in the past that waterboarding, in your opinion, is torture....Do you believe that the previous administration sanctioned torture?

I half-expected the President, given the Administration's back-and-forth over the last 10 days on whether to press charges against any Bush officials, to flinch. He didn't. To use baseball language, he knocked the question out of the park.

What I’ve said — and I will repeat — is that waterboarding violates our ideals and our values. I do believe that it is torture.... And that’s why I put an end to these practices.

I am absolutely convinced it was the right thing to do, not because there might not have been information that was yielded by these various detainees who were subjected to this treatment, but because we could have gotten this information in other ways, in ways that were consistent with our values, in ways that were consistent with who we are.

Yes, it was torture. And whether it had any effect is tangential, given the damage done to America's counter-terrorist efforts and its standing in the world.

Obama invoked Winston Churchill --- and who in the US could hate Churchill? --- who "said, 'We don’t torture,' when the entire British — all of the British people were being subjected to unimaginable risk and threat". The President avoided the trap of commenting on which Bushman "sanctioned torture", but he turned the main talking point of Bush defenders, "Torture helped win the War on Terror", against them:

[Banning torture] takes away a critical recruitment tool that Al Qaida and other terrorist organizations have used to try to demonize the United States and justify the killing of civilians. And it makes us — it puts us in a much stronger position to work with our allies in the kind of international, coordinated intelligence activity that can shut down these networks.

I am sceptical that Obama will be closing Guantanamo Bay this year. And I still have concerns --- serious concerns --- about other US detention facilities, such as Camp Bagram in Afghanistan. But, at least on the narrow issue of whether there is any rationale for "torture", the President signed, sealed, and delivered the appropriate response.

In foreign policy, two specific cases arose: Iraq and Pakistan. On the former, Obama easily held the line, despite the continuing bombings and political instability in and beyond Baghdad:

Athough you’ve seen some spectacular bombings in Iraq that are a — a legitimate cause of concern, civilian deaths, incidents of bombings, et cetera, remain very low relative to what was going on last year, for example. And so you haven’t seen the kinds of huge spikes that you were seeing for a time. The political system is holding and functioning in Iraq.

(The questioner, Jeff Mason, let Obama off the hook. The emerging issue is whether the US military will have troops in and just outside Iraqi cities well past the summer deadline for withdrawal.)

Pakistan, however, offered a far more serious exchange, the significance of which has been missed so far by the media. It started with a sensationalist, and thus potentially useless question:

Can you reassure the American people that if necessary America could secure Pakistan’s nuclear arsenal and keep it from getting into the Taliban’s hands or, worst case scenario, even al Qaeda’s hands?

The President batted that scenario straight back, "I’m confident that we can make sure that Pakistan’s nuclear arsenal is secure." Then, however, he offered two very clear signals.

First, his Administration is standing behind the Pakistani military and encouraging it to take the lead in the fight against insurgency. Pakistan's nuclear arsenal is safe "primarily, initially, because the Pakistani army, I think, recognizes the hazards of those weapons falling into the wrong hands. We’ve got strong military-to-military consultation and cooperation." What's more....

On the military side, you’re starting to see some recognition just in the last few days that the obsession with India as the mortal threat to Pakistan has been misguided, and that their biggest threat right now comes internally. And you’re starting to see the Pakistani military take much more seriously the armed threat from militant extremists.

Second, while Obama and his advisors are placing their strategic chips on the military, they have little faith in the current Pakistani Government:

I am gravely concerned about the situation in Pakistan....The civilian government there right now is very fragile and don’t seem to have the capacity to deliver basic services: schools, health care, rule of law, a judicial system that works for the majority of the people.

Obama's statement was not off-the-cuff. It was the next step, after statements by Secretary of State Hillary Clinton and Secretary of Defense Robert Gates, that Islamabad better get its act together to take on "the Taliban" and "Al Qa'eda" or its politicians can be put to the side.

If Pakistani President Zardari is not convinced, he will do well to consider Obama's concluding challenge:

We will provide them all of the cooperation that we can. We want to respect their sovereignty, but we also recognize that we have huge strategic interests, huge national security interests in making sure that Pakistan is stable and that you don’t end up having a nuclear-armed militant state.

Of course, Obama never said "coup", but as Washington ramps up the fight against insurgents in both Afghanistan and Pakistan, he sent out the message.

Zardari is disposable. The Pakistani military is not.

Video and Transcript: President Obama "Day 100" Press Conference (29 April)

Related Post: Obama Press Conference - Nailing Torture, Trashing the Pakistani Government

Visit msnbc.com for Breaking News, World News, and News about the Economy

OBAMA: Please, be seated. Before we begin tonight, I just want to provide everyone with a few brief updates on some of the challenges we're dealing with right now.

First, we are continuing to closely monitor the emergency cases of the H1N1 flu virus throughout the United States. As I said this morning, this is obviously a very serious situation, and every American should know that their entire government is taking the utmost precautions and preparations.

Our public health officials have recommended that schools with confirmed or suspected cases of this flu strongly consider temporarily closing. And if more schools are forced to close, we've recommended that both parents and businesses think about contingency plans if their children do have to stay home.

I've requested an immediate $1.5 billion in emergency funding from Congress to support our ability to monitor and track this virus and to build our supply of antiviral drugs and other equipment. And we will also ensure that those materials get to where they need to be as quickly as possible.

And, finally, I've asked every American to take the same steps you would take to prevent any other flu: keep your hands washed; cover your mouth when you cough; stay home from work if you're sick; and keep your children home from school if they're sick.

We'll continue to provide regular updates to the American people as we receive more information. And everyone should rest assured that this government is prepared to do whatever it takes to control the impact of this virus.

The second thing I'd like to mention is how gratified I am that the House and the Senate passed a budget resolution today that will serve as an economic blueprint for this nation's future.

I especially want to thank Leader Reid, Speaker Pelosi, all of the members of Congress who worked so quickly and effectively to make this blueprint a reality.

This budget builds on the steps we've taken over the last 100 days to move this economy from recession to recovery and ultimately to prosperity.

We began by passing a recovery act that has already saved or created over 150,000 jobs and provided a tax cut to 95 percent of all working families. We passed a law to provide and protect health insurance for 11 million American children whose parents work full time. And we launched a housing plan that has already contributed to a spike in the number of homeowners who are refinancing their mortgages, which is the equivalent of another tax cut.

But, even as we clear away the wreckage of this recession, I've also said that we can't go back to an economy that's built on a pile of sand, on inflated home prices and maxed-out credit cards, on overleveraged banks and outdated regulations that allow recklessness of a few to threaten the prosperity of all.

We have to lay a new foundation for growth, a foundation that will strengthen our economy and help us compete in the 21st century. And that's exactly what this budget begins to do.

It contains new investments in education that will equip our workers with the right skills and training, new investments in renewable energy that will create millions of jobs and new industries, new investments in health care that will cut costs for families and businesses, and new savings that will bring down our deficit.

I also campaigned on the promise that I would change the direction of our nation's foreign policy. And we've begun to do that, as well. We've begun to end the war in Iraq, and we forged with our NATO allies a new strategy to target Al Qaida in Afghanistan and Pakistan.

OBAMA: We have rejected the false choice between our security and our ideals by closing the detention center at Guantanamo Bay and banning torture without exception.

And we've renewed our diplomatic efforts to deal with challenges ranging from the global economic crisis to the spread of nuclear weapons.

So I think we're off to a good start, but it's just a start. I'm proud of what we've achieved, but I'm not content. I'm pleased with our progress, but I'm not satisfied.

Millions of Americans are still without jobs and homes, and more will be lost before this recession is over. Credit is still not flowing nearly as freely as it should. Countless families and communities touched by our auto industry still face tough times ahead. Our projected long-term deficits are still too high, and government is still not as efficient as it needs to be.

We still confront threats ranging from terrorism to nuclear proliferation, as well as pandemic flu. And all this means you can expect an unrelenting, unyielding effort from this administration to strengthen our prosperity and our security in the second hundred days, in the third hundred days, and all of the days after that.

You can expect us to work on health care reform that will bring down costs while maintaining quality, as well as energy legislation that will spark a clean-energy revolution. I expect to sign legislation by the end of this year that sets new rules of the road for Wall Street, rules that reward drive and innovation, as opposed to short-cuts and abuse.

And we will also work to pass legislation that protects credit card users from unfair rate hikes and abusive fees and penalties. We'll continue scouring the federal budget for savings and target more programs for elimination. And we will continue to pursue procurement reform that will greatly reduce the no-bid contracts that have wasted so many taxpayer dollars.

So we have a lot of work left to do. It's work that will take time, and it will take effort. But the United States of America, I believe, will see a better day.

We will rebuild a stronger nation, and we will endure as a beacon for all of those weary travelers beyond our shores who still dream that there's a place where all of this is possible. I want to thank the American people for their support and their patience during these trying times, and I look forward to working with you in the next hundred days, in the hundred days after that, all of the hundreds of days to follow to make sure that this country is what it can be.

And with that, I will start taking some questions.

And I'll start with you, Jennifer.

QUESTION: Thank you, Mr. President. With the flu outbreak spreading and worsening, can you talk about whether you think it's time to close the border with Mexico and whether -- under what conditions you might consider quarantining, when that might be appropriate?

OBAMA: Well, first of all, as I said, this is a cause for deep concern, but not panic. And I think that we have to make sure that we recognize that how we respond intelligently, systematically, based on science and what public health officials have to say, will determine in large part what happens.

I've consulted with our public health officials extensively on a day-to-day basis, in some cases an hour-to-hour basis. At this point, they have not recommended a border closing. From their perspective, it would be akin to closing the barn door after the horses are out, because we already have cases here in the United States.

We have ramped up screening efforts, as well as made sure that additional supplies are there on the border so that we can prepare in the eventuality that we have to do more than we're doing currently.

But the most important thing right now that public health officials have indicated is that we treat this the same way that we would treat other flu outbreaks, just understanding that, because this is a new strain, we don't yet know how it will respond.

So we have to take additional precautions, essentially, take out some additional insurance. Now, that's why I asked for an additional $1.5 billion, so that we can make sure that everything is in place should a worst-case scenario play out.

I do want to compliment Democrats and Republicans who worked diligently back in 2005 when the bird flu came up. I was part of a group of legislators who worked with the Bush administration to make sure that we had beefed up our infrastructure and our stockpiles of antiviral drugs, like Tamiflu.

OBAMA: And I think the Bush administration did a good job of creating the infrastructure so that we can respond. For example, we've got 50 million courses of anti-viral drugs in the event that they're needed.

So, the government is going to be doing everything that we can. We're coordinating closely with state and local officials. Secretary Napolitano at the Department of Homeland Security, newly installed Secretary Sebelius of Health and Human Services, our acting CDC director, they are all on the phone on a daily basis with all public health officials across the states to coordinate and make sure that there's timely reporting, that if -- as new cases come up, that we're able to track them effectively, that we're allocating resources so that they're in place.

The key now I think is to make sure that we're maintaining great vigilance, that everybody responds appropriately when cases do come up, and individual families start taking very sensible precautions that -- can make a huge difference.

So wash your hands when you shake hands. Cover your mouth when you cough. I know it sounds trivial, but it makes a huge difference. If you are sick, stay home. If your child is sick, keep them out of school.

To -- if you are feeling certain flu symptoms, don't get on an airplane, don't get on a -- any system of public transportation where you're confined and you could potentially spread the virus.

So those are the steps that I think we need to take right now. But understand that because this is a new strain, we have to be cautious. If this was a strain that we were familiar with, then we might have to -- then I think we wouldn't see the kind of alert levels that we're seeing, for example, with the World Health Organization. OK?

Deb Price of Detroit News. Where's Deb?

Good to see you.

QUESTION: Thank you, Mr. President.

On the domestic auto industry, have you determined that bankruptcy is the only option to restructure Chrysler? And do you believe that the deep cuts in plant closings that were outlined this week by General Motors are sufficient?

OBAMA: Let me speak to Chrysler first because the clock is ticking on Chrysler coming up with a plan. I am actually very hopeful, more hopeful than I was 30 days ago, that we can see a resolution that maintains a viable Chrysler auto company out there.

What we've seen is the unions have made enormous sacrifices on top of sacrifices that they had previously made. You've now seen the major debt holders come up with a set of potential concessions that they can live with.

All of that promises the possibility that you can get a Fiat- Chrysler merger and that you have an ongoing concern. The details have not yet been finalized, so I don't know to jump the gun. But I am feeling more optimistic than I was about the possibilities of that getting done.

With respect to GM, we're going to have another 30 days. They're still in the process of presenting us with their plans. But I've always said that GM has a lot of good product there and if they can get through these difficult times, and engage in some of the very difficult choices that they've already made, that they can emerge a strong, competitive, viable company.

And that's my goal in this whole process. I would love to get the U.S. government out of the auto business as quickly as possible. We have a circumstance in which a bad recession compounded some great weaknesses already in the auto industry.

And it was my obligation and continues to be my obligation to make sure that any taxpayer dollars that are in place to support the auto industry are aimed not at short-term fixes that continue these companies as wards of the state, but rather institutes the kind of restructuring that allows them to be strongly competitive in the future. I think we're moving in that direction.

Last point, you asked about Chrysler bankruptcy. It was the prudent and appropriate thing for Chrysler to do to engage in the filings that they -- that received some notice a while back because they had to prepare for possible contingencies.

It's not clear that they're going to have to use it. The fact that the major debt-holders appear ready to make concessions means that, even if they ended up having to go through some sort of bankruptcy, it would be a very quick type of bankruptcy and they could continue operating and emerge on the other side in a much stronger position.

So my goal is to make sure that we've got a strong, viable, competitive auto industry. I think some tough choices are being made. There's no denying that there's significant hardship involved, particularly for the workers and the families in these communities.

And we're going to be coming behind whatever plan is in place to make sure that the federal government is providing as much assistance as we have to ensure that people are landing back on their feet, even as we strengthen these core businesses. Jake? Where's Jake? There he is.

QUESTION: Thank you, Mr. President. You've said in the past that waterboarding, in your opinion, is torture. Torture is a violation of international law and the Geneva Conventions. Do you believe that the previous administration sanctioned torture?

OBAMA: What I've said -- and I will repeat -- is that waterboarding violates our ideals and our values. I do believe that it is torture. I don't think that's just my opinion; that's the opinion of many who've examined the topic. And that's why I put an end to these practices.

I am absolutely convinced it was the right thing to do, not because there might not have been information that was yielded by these various detainees who were subjected to this treatment, but because we could have gotten this information in other ways, in ways that were consistent with our values, in ways that were consistent with who we are.

I was struck by an article that I was reading the other day talking about the fact that the British during World War II, when London was being bombed to smithereens, had 200 or so detainees. And Churchill said, "We don't torture," when the entire British -- all of the British people were being subjected to unimaginable risk and threat.

And then the reason was that Churchill understood, you start taking short-cuts, over time, that corrodes what's -- what's best in a people. It corrodes the character of a country.

And -- and so I strongly believed that the steps that we've taken to prevent these kinds of enhanced interrogation techniques will make us stronger over the long term and make us safer over the long term because it will put us in a -- in a position where we can still get information.

In some cases, it may be harder, but part of what makes us, I think, still a beacon to the world is that we are willing to hold true to our ideals even when it's hard, not just when it's easy.

At the same time, it takes away a critical recruitment tool that Al Qaida and other terrorist organizations have used to try to demonize the United States and justify the killing of civilians.

And it makes us -- it puts us in a much stronger position to work with our allies in the kind of international, coordinated intelligence activity that can shut down these networks.

So this is a decision that I'm very comfortable with. And I think the American people over time will recognize that it is better for us to stick to who we are, even when we're taking on an unscrupulous enemy.

OK?

QUESTION: (OFF-MIKE)

OBAMA: I'm sorry?

QUESTION: (OFF-MIKE) sanctioned torture?

OBAMA: I believe that waterboarding was torture. And I think that the -- whatever legal rationales were used, it was a mistake.

OBAMA: Mark Knoller?

QUESTION: Thank you, sir. Let me follow up, if I may, on Jake's question. Did you read the documents recently referred to by former Vice President Cheney and others saying that the use of so-called "enhanced interrogation techniques" not only protected the nation but saved lives?

And if part of the United States were under imminent threat, could you envision yourself ever authorizing the use of those enhanced interrogation techniques?

OBAMA: I have read the documents. Now they have not been officially declassified and released. And so I don't want to go to the details of them. But here's what I can tell you, that the public reports and the public justifications for these techniques, which is that we got information from these individuals that were subjected to these techniques, doesn't answer the core question.

Which is, could we have gotten that same information without resorting to these techniques? And it doesn't answer the broader question, are we safer as a consequence of having used these techniques?

So when I made the decision to release these memos and when I made the decision to bar these practices, this was based on consultation with my entire national security team, and based on my understanding that ultimately I will be judged as commander-in-chief on how safe I'm keeping the American people.

That's the responsibility I wake up with and it's the responsibility I go to sleep with. And so I will do whatever is required to keep the American people safe. But I am absolutely convinced that the best way I can do that is to make sure that we are not taking short cuts that undermine who we are.

And there have been no circumstances during the course of this first 100 days in which I have seen information that would make me second guess the decision that I have made. OK?

Chuck Todd.

QUESTION: Thank you, Mr. President. I want to move to Pakistan. Pakistan appears to be at war with the Taliban inside their own country. Can you reassure the American people that if necessary America could secure Pakistan's nuclear arsenal and keep it from getting into the Taliban's hands or, worst case scenario, even al Qaeda's hands?

OBAMA: I'm confident that we can make sure that Pakistan's nuclear arsenal is secure. Primarily, initially, because the Pakistani army, I think, recognizes the hazards of those weapons falling into the wrong hands. We've got strong military-to-military consultation and cooperation.

I am gravely concerned about the situation in Pakistan, not because I think that they're immediately going to be overrun and the Taliban would take over in Pakistan. I'm more concerned that the civilian government there right now is very fragile and don't seem to have the capacity to deliver basic services: schools, health care, rule of law, a judicial system that works for the majority of the people.

And so as a consequence, it is very difficult for them to gain the support and the loyalty of their people. So we need to help Pakistan help Pakistanis. And I think that there's a recognition increasingly on the part of both the civilian government there and the army that that is their biggest weakness.

On the military side, you're starting to see some recognition just in the last few days that the obsession with India as the mortal threat to Pakistan has been misguided, and that their biggest threat right now comes internally. And you're starting to see the Pakistani military take much more seriously the armed threat from militant extremists.

We want to continue to encourage Pakistan to move in that direction. And we will provide them all of the cooperation that we can. We want to respect their sovereignty, but we also recognize that we have huge strategic interests, huge national security interests in making sure that Pakistan is stable and that you don't end up having a nuclear-armed militant state.

QUESTION: But in a worst-case scenario...

OBAMA: I'm not going to engage in...

QUESTION: (OFF-MIKE) military could secure this nuclear...

OBAMA: I'm not going to engage in -- in hypotheticals of that sort. I feel confident that that nuclear arsenal will remain out of militant hands.

OK, Jeff Mason?

QUESTION: Thank you, Mr. President. One of the biggest changes you've made in the first 100 days regarding foreign policy has had to do with Iraq. But do the large-scale -- there's large-scale violence there right now. Does that affect the U.S.'s strategy at all for withdrawal? And could it affect the timetable that you've set out for troops?

OBAMA: Well, first of all, I think it's important to note that, although you've seen some spectacular bombings in Iraq that are a -- a legitimate cause of concern, civilian deaths, incidents of bombings, et cetera, remain very low relative to what was going on last year, for example.

And so you haven't seen the kinds of huge spikes that you were seeing for a time. The political system is holding and functioning in Iraq.

Part of the reason why I called for a gradual withdrawal as opposed to a precipitous one was precisely because more work needs to be done on the political side to further isolate whatever remnants of Al Qaida in Iraq still exists.

And I'm very confident that, with our commander on the ground, General Odierno, with Chris Hill, our new ambassador, having been approved and already getting his team in place, that they are going to be able to work effectively with the Maliki government to create the conditions for an ultimate transfer after the national elections.

But there's some -- some serious work to do on making sure that how they divvy up oil revenues is ultimately settled, what the provincial powers are and boundaries, the relationship between the Kurds and the central government, the relationship between the Shia and the Kurds. Are they incorporating effectively Sunnis, Sons of Iraq, into the structure of the armed forces in a way that's equitable and just?

Those are all issues that have not been settled the way they need to be settled. And what we've done is, we've provided sufficient time for them to get that work done, but we've got to keep the pressure up, not just on the military side, but on the diplomatic and development sides, as well.

Chip Reid?

QUESTION: Thank you, Mr. President. On Senator Specter's switch to the Democratic Party, you said you were thrilled; I guess nobody should be surprised about that.

But how big a deal is this, really? Some Republicans say it is huge. They believe it's a game-changer. They say that, if you get the 60 votes in the Senate, that you will be able to ride roughshod over any opposition and that we're on the verge of, as one Republican put it, "one-party rule."

Do you see it that way? And, also, what do you think his switch says about the state of the Republican Party?

OBAMA: Well, first of all, I think very highly of Arlen Specter . I think he's got a record of legislative accomplishment that is as good as any member of the Senate.

And I think he's always had a strong independent streak. I think that was true when he was a Republican; I think that will be true when he's a Democrat.

He was very blunt in saying I couldn't count on him to march lockstep on every single issue. And so he's going to still have strong opinions, as many Democrats in the Senate do.

I've been there. It turns out, all the senators have very strong opinions. And I don't think that's going to change.

I do think that having Arlen Specter in the Democratic caucus will liberate him to cooperate on critical issues, like health care, like infrastructure and job creation, areas where his inclinations were to work with us, but he was feeling pressure not to.

And I think the vote on the recovery act was a classic example. Ultimately, he thought that was the right thing to do. And he was fiercely berated within his own party at the time for having taken what I consider to be a very sensible step. So -- so I think it's, overall, positive.

OBAMA: Now, I am under no illusions that suddenly I'm going to have a rubber-stamp Senate. I've got Democrats who don't agree with me on everything, and that's how it should be.

Congress is a co-equal branch of government. Every senator who's there, whether I agree with them or disagree with them, I think truly believes that they are doing their absolute best to represent their constituencies.

And we've got regional differences, and we've got some parts of the country that are affected differently by certain policies. And those have to be respected, and there's going to have to be compromise and give-and-take on all of these issues.

I do think that, to my Republican friends, I want them to realize that me reaching out to them has been genuine. I can't sort of define bipartisanship as simply being willing to accept certain theories of theirs that we tried for eight years and didn't work and the American people voted to change.

But there are a whole host of areas where we can work together. And I've said this to people like Mitch McConnell . I said, look, on health care reform, you may not agree with me that I -- we should have a public plan. That may be philosophically just too much for you to swallow.

On the other hand, there are some areas like reducing the costs of medical malpractice insurance where you do agree with me. If I'm taking some of your ideas and giving you credit for good ideas, the fact that you didn't get 100 percent can't be a reason every single time to oppose my position.

And if that is how bipartisanship is defined, a situation in which basically, wherever there are philosophical differences, I have to simply go along with ideas that have been rejected by the American people in a historic election, you know, we're probably not going to make progress.

If, on the other hand, the definition is that we're open to each other's ideas, there are going to be differences, the majority will probably be determinative when it comes to resolving just hard, core differences that we can't resolve, but there is a whole host of other areas where we can work together, then I think we can make progress.

QUESTION: Is the Republican Party in the desperate straits that Arlen Specter seems to think it is?

OBAMA: You know, politics in America changes very quick. And I'm a big believer that things are never as good as they seem and never as bad as they seem.

You're talking to a guy who was 30 points down in the polls during a -- a primary in Iowa. So -- so I never -- I don't believe in crystal balls.

I do think that our administration has taken some steps that have restored confidence in the American people that we're moving in the right direction and that simply opposing our approach on every front is probably not a good political strategy.

Ed Henry?

QUESTION: Thank you, Mr. President. In a couple of weeks, you're going to be giving the commencement at Notre Dame. And, as you know, this has caused a lot of controversy among Catholics who are opposed to your position on abortion.

As a candidate, you vowed that one of the very things you wanted to do was sign the Freedom of Choice Act, which, as you know, would eliminate federal, state and local restrictions on abortion. And at one point in the campaign when asked about abortion and life, you said that it was above -- quote, "above my pay grade."

Now that you've been president for 100 days, obviously, your pay grade is a little higher than when you were a senator.

(LAUGHTER)

Do you still hope that Congress quickly sends you the Freedom of Choice Act so you can sign it?

OBAMA: You know, the -- my view on -- on abortion, I think, has been very consistent. I think abortion is a moral issue and an ethical issue.

I think that those who are pro-choice make a mistake when they -- if they suggest -- and I don't want to create straw men here, but I think there are some who suggest that this is simply an issue about women's freedom and that there's no other considerations. I think, look, this is an issue that people have to wrestle with and families and individual women have to wrestle with.

OBAMA: The reason I'm pro-choice is because I don't think women take that -- that position casually. I think that they struggle with these decisions each and every day. And I think they are in a better position to make these decisions ultimately than members of Congress or a president of the United States, in consultation with their families, with their doctors, with their doctors, with their clergy.

So -- so that has been my consistent position. The other thing that I said consistently during the campaign is I would like to reduce the number of unwanted presidencies that result in women feeling compelled to get an abortion, or at least considering getting an abortion, particularly if we can reduce the number of teen pregnancies, which has started to spike up again.

And so I've got a task force within the Domestic Policy Council in the West Wing of the White House that is working with groups both in the pro-choice camp and in the pro-life camp, to see if we can arrive at some consensus on that.

Now, the Freedom of Choice Act is not highest legislative priority. I believe that women should have the right to choose. But I think that the most important thing we can do to tamp down some of the anger surrounding this issue is to focus on those areas that we can agree on. And that's -- that's where I'm going to focus.

Jeff Zeleny.

QUESTION: Thank you, Mr. President.

During these first 100 days, what has surprised you the most about this office? Enchanted you the most from serving in this office? Humbled you the most? And troubled you the most?

OBAMA: Now let me write this down.

(LAUGHTER)

OBAMA: I've got...

QUESTION: Surprised, troubled...

OBAMA: I've got -- what was the first one?

QUESTION: Surprised.

OBAMA: Surprised.

QUESTION: Troubled.

OBAMA: Troubled.

QUESTION: Enchanted.

OBAMA: Enchanted, nice.

(LAUGHTER)

QUESTION: And humbled.

OBAMA: And what was the last one, humbled?

QUESTION: Humbled. Thank you, sir.

OBAMA: All right. OK. Surprised. I am surprised compared to where I started, when we first announced for this race, by the number of critical issues that appear to be coming to a head all at the same time.

You know, when I first started this race, Iraq was a central issue, but the economy appeared on the surface to still be relatively strong. There were underlying problems that I was seeing with health care for families and our education system and college affordability and so forth, but obviously, I didn't anticipate the worst economic crisis since the Great Depression.

And so, you know, the typical president, I think, has two or three big problems. We've got seven or eight big problems. And so we've had to move very quickly and I'm very proud of my team for the fact that we've been able to keep our commitments to the American people, to bring about change, while at the same time managing a whole host of issues that had come up that weren't necessarily envisioned a year-and-a-half ago.

Troubled? I'd say less troubled, but, you know, sobered by the fact that change in Washington comes slow. That there is still a certain quotient of political posturing and bickering that takes place even when we're in the middle of really big crises.

I would like to think that everybody would say, you know what, let's take a time-out on some of the political games, focus our attention for at least this year, and then we can start running for something next year. And that hasn't happened as much as I would have liked.

Enchanted? Enchanted. I will tell you that when I -- when I meet our servicemen and -women, enchanted is probably not the word I would use.

(LAUGHTER)

OBAMA: But I am so profoundly impressed and grateful to them for what they do. They're really good at their job. They are willing to make extraordinary sacrifices on our behalf. They do so without complaint. They are fiercely loyal to this country.

And, you know, the more I interact with our servicemen and women, from the top brass down to the lowliest private, I'm just -- I'm grateful to them.

Humbled by the -- humbled by the fact that the presidency is extraordinarily powerful, but we are just part of a much broader tapestry of American life, and there are a lot of different power centers. And so I can't just press a button and suddenly have the bankers do exactly what I want or, you know, turn on a switch and suddenly, you know, Congress falls in line.

And so, you know, what you do is to -- is to make your best arguments, listen hard to what other people have to say, and coax folks in the right direction.

This metaphor has been used before, but the ship of state is an ocean liner. It's not a speedboat. And so the way we are constantly thinking about this issue, of how to bring about the changes that the American people need, is to -- is to say, if we can move this big battleship a few degrees in a different direction, you may not see all the consequences of that change a week from now or three months from now, but 10 years from now or 20 years from now, our kids will be able to look back and say, "That was when we started getting serious about clean energy. That's when health care started to become more efficient and affordable. That's when we became serious about raising our standards in education."

And -- and so I -- I have a much longer time horizon than I think you do when you're a candidate or if you're listening, I think, to the media reportage on a day-to-day basis.

And I'm humbled, last, by the American people who have shown extraordinary patience and I think a recognition that we're not going to solve all of these problems overnight.

OK. Lori Montenegro?

QUESTION: Thank you, Mr. President. Mr. President, when you met with the Hispanic Caucus a few weeks ago, reports came out that the White House was planning to have a forum to talk about immigration and bring it to the forefront.

Going forward, my question is, what is your strategy to try to have immigration reform? And are you still on the same timetable to have it accomplished in the first year of your presidency?

And, also, I'd like to know if you're going to reach out to Senator John McCain , who is Republican and in the past has favored immigration reform?

OBAMA: Well, we reach out to -- to Senator McCain on a whole host of issues. He has been a leader on immigration reform. I think he has had the right position on immigration reform. And I would love to partner with him and others on what is going to be a critical issue. We've also worked with Senator McCain on what I think is a terrific piece of legislation that he and Carl Levin have put together around procurement reform. We want that moved, and we're going to be working hard with them to get that accomplished.

What I told the Congressional Hispanic Caucus is exactly what I said the very next day in a town hall meeting and what I will continue to say publicly, and that is we want to move this process.

We can't continue with a broken immigration system. It's not good for anybody. It's not good for American workers. It's dangerous for Mexican would-be workers who are trying to cross a dangerous border.

OBAMA: It is -- it is putting a strain on border communities, who oftentimes have to deal with a host of undocumented workers. And it keeps those undocumented workers in the shadows, which means they can be exploited at the same time as they're depressing U.S. wages.

So, what I hope to happen is that we're able to convene a working group, working with key legislators like Luis Gutierrez and Nydia Velazquez and others to start looking at a framework of how this legislation might be shaped.

In the meantime, what we're trying to do is take some core -- some key administrative steps to move the process along to lay the groundwork for legislation. Because the American people need some confidence that if we actually put a package together, we can execute.

So Janet Napolitano , who has great knowledge of this because of having been a border governor, she's already in the process of reviewing and figuring out how can we strengthen our border security in a much more significant way than we're doing.

If the American people don't feel like you can secure the borders, then it's hard to strike a deal that would get people out of the shadows and on a pathway to citizenship who are already here, because the attitude of the average American is going to be, well, you're just going to have hundreds of thousands of more coming in each year.

On the other hand, showing that there is a more thoughtful approach than just raids of a handful of workers as opposed to, for example, taking seriously the violation of companies that sometimes are actively recruiting these workers to come in. That's again something we can start doing administratively.

So what we want to do is to show that we are competent and getting results around immigration, even on the structures that we already have in place, the laws that we already have in place, so that we're building confidence among the American people that we can actually follow through on whatever legislative approach emerges. OK?

QUESTION: (OFF-MIKE)

OBAMA: I see the process moving this first year. And I'm going to be moving it as quickly as I can. I've been accused of doing too much. We are moving full steam ahead on all fronts.

Ultimately, I don't have control of the legislative calendar, and so we're going to work with legislative leaders to see what we can do.

Andre Showell? There you go.

QUESTION: Thank you, Mr. President.

As the entire nation tries to climb out of this deep recession, in communities of color, the circumstances are far worse. The black unemployment rate, as you know, is in the double digits. And in New York City, for example, the black unemployment rate for men is near 50 percent.

My question to you tonight is given this unique and desperate circumstance, what specific policies can you point to that will target these communities and what's the timetable for us to see tangible results?

OBAMA: Well, keep in mind that every step we're taking is designed to help all people. But, folks who are most vulnerable are most likely to be helped because they need the most help.

So when we passed the Recovery Act, for example, and we put in place provisions that would extend unemployment insurance or allow you to keep your health insurance even if you've lost your job, that probably disproportionately impacted those communities that had lost their jobs. And unfortunately, the African-American community and the Latino community are probably overrepresented in those ranks.

When we put in place additional dollars for community health centers to ensure that people are still getting the help that they need, or we expand health insurance to millions more children through the Children's Health Insurance Program, again, those probably disproportionately impact African-American and Latino families simply because they're the ones who are most vulnerable. They have got higher rates of uninsured in their communities.

So my general approach is that if the economy is strong, that will lift all boats as long as it is also supported by, for example, strategies around college affordability and job training, tax cuts for working families as opposed to the wealthiest that level the playing field and ensure bottom-up economic growth.

And I'm confident that that will help the African-American community live out the American dream at the same time that it's helping communities all across the country.

Michael Scherer of TIME?

QUESTION: Thank you, Mr. President. During the campaign, you criticized President Bush's use of the state secrets privilege, but U.S. attorneys have continued to argue the Bush position in three cases in court. How exactly does your view of state secrets differ from President Bush's? And do you believe presidents should be able to derail entire lawsuits about warrantless wiretapping or rendition if classified information is involved?

OBAMA: I actually think that the state secret doctrine should be modified. I think right now it's overbroad.

But keep in mind what happens, is we come in to office. We're in for a week, and suddenly we've got a court filing that's coming up. And so we don't have the time to effectively think through, what exactly should an overarching reform of that doctrine take? We've got to respond to the immediate case in front of us.

There -- I think it is appropriate to say that there are going to be cases in which national security interests are genuinely at stake and that you can't litigate without revealing covert activities or classified information that would genuinely compromise our safety.

But searching for ways to redact, to carve out certain cases, to see what can be done so that a judge in chambers can review information without it being in open court, you know, there should be some additional tools so that it's not such a blunt instrument.

And we're interested in pursuing that. I know that Eric Holder and Greg Craig, my White House counsel, and others are working on that as we speak.

STAFF: Last question.

OBAMA: Jonathan Weisman, you get -- you get the last word. Where are you? There you are.

QUESTION: Thank you, sir. You are currently the chief shareholder of a couple of very large mortgage giants. You're about to become the chief shareholder of a car company, probably two.

And I'm wondering, what kind of shareholder are you going to be? What is the government's role as the keeper of public -- public trust and bonds in -- in soon-to-be public companies again? Thank you.

OBAMA: Well, I think our -- our first role should be shareholders that are looking to get out. You know, I don't want to run auto companies. I don't want to run banks. I've got two wars I've got to run already. I've got more than enough to do. So the sooner we can get out of that business, the better off we're going to be.

We are in unique circumstances. You had the potential collapse of the financial system, which would have decimated our economy, and so we had to step in.

As I've said before, I don't agree with every decision that was made by the previous administration when it came to TARP, but the need for significant intervention was there, and it was appropriate that we moved in.

With respect to the auto companies, I believe that America should have a functioning, competitive auto industry. I don't think that taxpayers should simply put -- attach an umbilical cord between the U.S. Treasury and the auto companies so that they are constantly getting subsidies, but I do think that helping them restructure at this unique period when sales -- you know, the market has essentially gone from 14 million down to 9 million, I don't think that there's anything inappropriate about that.

My goal on all this is to help these companies make some tough decisions based on realistic assumptions about economic growth, about their market share, about what that market is going to look like, to prevent systemic risk that would affect everybody, and, as soon as their situations are stabilized and the economy is less fragile so that those systemic risks are diminished, to get out, find some private buyers, and...

QUESTION: (OFF-MIKE) products or services (OFF-MIKE)

OBAMA: I don't think that we should micromanage, but I think that, like any investor, the American taxpayer has the right to scrutinize what's being proposed and make sure that their money is not just being thrown down the drain.

And so, you know, we've got to strike a balance. I don't want to be -- I'm not an auto engineer. I don't know how to create an affordable, well-designed plug-in hybrid. But I know that, if the Japanese can design an affordable, well-designed hybrid, then, doggone it, the American people should be able to do the same.

So my job is to ask the auto industry: Why is it you guys can't do this? And, in some cases, they're starting to do it, but they've got these legacy costs. You know, there are some terrific U.S. cars being made, both by Chrysler and G.M.

The question is, you know, give me a plan so that you're building off your strengths and you're projecting out to where that market is going to be. I actually think, if you look at the trends, that those auto companies that emerge from this crisis, when you start seeing the pent-up demand for autos coming back, they're going to be in a position to really do well, globally, not just here in the United States.

So I just want to help them get there. But I want to disabuse people of this notion that somehow we enjoy, you know, meddling in the private sector, if -- if you could tell me right now that, when I walked into this office that the banks were humming, that autos were selling, and that all you had to worry about was Iraq, Afghanistan, North Korea, getting health care passed, figuring out how to deal with energy independence, deal with Iran, and a pandemic flu, I would take that deal.

(LAUGHTER)

And -- and that's why I'm always amused when I hear these, you know, criticisms of, "Oh, you know, Obama wants to grow government." No. I would love a nice, lean portfolio to deal with, but that's not the hand that's been dealt us.

And, you know, every generation has to rise up to the specific challenges that confront them. We happen to have gotten a big set of challenges, but we're not the first generation that that's happened to. And I'm confident that we are going to meet these challenges just like our grandparents and forbearers met them before. All right? Thank you, everybody.

Why Torture Matters: Who Ordered the Torture of Abu Zubaydah?

Featured Post: Mark Danner - If Everyone Knew, Who’s to Blame?
Featured Post: Frank Rich - Why Torture Matters: The Banality of Bush White House Evil

Andy Worthington in AlterNet

For the defendants of the use of torture by U.S. forces -- still led by former Vice President Dick Cheney -- this has been a rocky few weeks, with the publication, in swift succession, of the leaked report by the International Committee of the Red Cross (PDF), based on interviews with the 14 “high-value detainees” transferred to Guantánamo from secret CIA prisons in September 2006, which concluded that their treatment “constituted torture” (and was accompanied by two detailed articles by Mark Danner for the New York Review of Books), the release, by the Justice Department, of four memos issued by the Office of Legal Counsel (OLC) in 2002 and 2005, which purported to justify the use of torture by the CIA, and the release of a 231-page investigation into detainee abuse conducted by the Senate Armed Services Committee (PDF.)

The publication of the full Senate Committee report was delayed for four months, subject to wrangling over proposed redactions, but the Executive Summary, published last December, had already successfully demolished the Bush administration’s claims that detainee abuse could be blamed on “a few bad apples,” and, instead, blamed it on senior officials who, with the slippery exception of Dick Cheney, included George W. Bush, former defense secretary Donald Rumsfeld, Dick Cheney’s chief of staff David Addington, former Pentagon General Counsel William J. Haynes II, former Chairman of the Joint Chiefs of Staff General Richard Myers, former Attorney General Alberto Gonzales, former Justice Department legal adviser John Yoo, former Guantánamo commanders Maj. Gen. Michael Dunlavey and Maj. Gen. Geoffrey Miller, and Lt. Gen. Ricardo Sanchez, the former commander of coalition forces in Iraq.

Much of the fallout from the release of these memos and reports has, understandably, focused on the inadequacy of the legal advice offered to the CIA for its “high-value detainee” program by the OLC, whose lawyers have the unique responsibility of interpreting the law as it relates to the powers of the executive branch, and whose advice, therefore, provided the Bush administration with what it regarded as a “golden shield,” which would prevent senior officials from being prosecuted for war crimes. However, if it can be shown that the OLC’s advice was not only inadequate, but also tailored to specific requests from senior officials, then it may be that the “golden shield” will turn to dust.

This threat to the “golden shield” probably explain why Dick Cheney’s scaremongering has been shriller than usual in the last few weeks, but what has largely been overlooked to date is another question that poses even weightier challenges for the former administration: if the use of torture techniques on Abu Zubaydah, the first supposedly significant “high-value detainee” captured by the US (on March 28, 2002), was authorized by two OLC memos issued on August 1, 2002, then who authorized the torture to which he was subjected in the 18 weeks between his capture and the moment that Jay S. Bybee, the head of the OLC, added his signature to the OLC memos?

It’s clear that the major reason this question has been overlooked is because, as the ICRC report reveals, Zubaydah was not subjected to waterboarding (an ancient torture technique that involves controlled drowning) until after the memo was issued, but what is also apparent is that the treatment to which he was subjected before the waterboard was introduced also “constituted torture.”

Zubaydah was severely wounded during his capture in Faisalabad, Pakistan, to the extent that, as President Bush explained in a press conference in September 2006, shortly after Zubaydah and 13 other “high-value detainees” had been transferred to Guantánamo from secret CIA prisons, “he survived only because of the medical care arranged by the CIA.” We don’t know if there is any truth to the allegation, made by Ron Suskind in his 2006 book The One Percent Doctrine, that medication was only administered in exchange for his cooperation (it seems likely, but has been officially denied), but we do know, from James Risen’s book State of War, that when CIA director George Tenet told the President that Zubaydah had been put on pain medication to deal with the injuries he sustained during capture, Bush asked Tenet, “Who authorized putting him on pain medication?” which prompted Risen to wonder whether the President was “implicitly encouraging” Tenet to order the harsh treatment of a prisoner “without the paper trail that would have come from a written presidential authorization.”

We also know that, shortly after his capture, Zubaydah was flown to Thailand, to a secret underground prison provided by the Thai government, where, as a New York Times article in September 2006 explained, “he was stripped, held in an icy room and jarred by earsplittingly loud music -- the genesis of practices later adopted by some within the military, and widely used by the Central Intelligence Agency in handling prominent terrorism suspects at secret overseas prisons.”

The details of his treatment, “based on accounts by former and current law enforcement and intelligence officials,” were even more shocking. We have become somewhat inured, over the years, to stories of prisoners deprived of sleep for disturbing long periods of time, in which the use of loud, non-stop music -- in this case, the Red Hot Chili Peppers -- played an integral part.

This in itself is unacceptable, as the use of music is not simply a matter of being forced to listen to the same song over and over again at ear-splitting volume, but is, instead, a component in a program of sleep deprivation and isolation designed to provoke a complete mental breakdown. One of the major reference points for the CIA in the 1950s, when it was deeply involved in investigating the efficacy of psychological torture techniques, was research conducted by Donald Hebb, a Canadian psychologist, who discovered that, “if subjects are confined without light, odor, sound, or any fixed references of time and place, very deep breakdowns can be provoked,” and that, within just 48 hours, those held in what he termed “perceptual isolation” can be reduced to semi-psychotic states.

However, while some interpretation and empathy is required to understand the impact on Abu Zubaydah of his profound isolation in this period, in which, as the Times also reported, he was largely cut off from all human interaction, only occasionally punctuated by an interrogator entering his cell, saying, “You know what I want,” and then leaving, there is no denying the visceral impact of the following description. “At times, Mr. Zubaydah, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets,” the Times explained. “He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaydah seemed to turn blue” (emphasis added).

Further information about Zubaydah’s treatment in Thailand has not emerged in great detail. In The Dark Side, Jane Mayer noted only that he was “held naked in a small cage, like a dog,” and the ICRC report focused instead on his detention in Afghanistan, from May 2002 to February 2003. What we do know, however, from the Senate Committee’s report, is that an FBI agent was so appalled by his treatment at the hands of CIA agents that he “raised objections to these techniques to the CIA and told the CIA it was ‘borderline torture,’” and that, sometime later, FBI director Robert Mueller “decided that FBI agents would not participate in interrogations involving techniques the FBI did not normally use in the United States.” We also know from Jane Mayer that R. Scott Shumate, the chief operational psychologist for the CIA’s Counterterrorist Center, left his job in 2003, apparently disgusted by developments involving the use of the “enhanced interrogation techniques,” and that “associates described him as upset in particular about the treatment of Zubaydah.”

Moreover, although the ICRC report dealt only with Zubaydah’s treatment in Afghanistan, it’s also clear that the techniques to which he was subjected in Afghanistan, in the approximately two and a half months before the OLC memos were signed, also “constituted torture.”

In his statement to the ICRC, Zubaydah explained how, even before the waterboarding began, he was strapped naked to a chair for several weeks in a cell that was “air-conditioned and very cold,” deprived of food, subjected to extreme sleep deprivation for two to three weeks -- partly by means of loud music or incessant noise, and partly because, “If I started to fall asleep one of the guards would come and spray water in my face” -- and, for the rest of the time, until the waterboarding began, was subjected to further sleep deprivation, and kept in a state of perpetual fear.

This array of techniques undoubtedly appears less dramatic than the “real torturing” that followed (in which the waterboarding was accompanied by physical brutality, hooding, the daily shaving of his hair and beard, and confinement in small boxes), but, again, it is critical to try to imagine what two to three weeks of chronic sleep deprivation actually means, and to recall that, by the time Steven G. Bradbury, the Principal Deputy Assistant Attorney General, revised the approval for torture techniques in May 2005, it was noted that it was only considered acceptable to subject a prisoner to 180 hours (seven and a half days) of sleep deprivation.

To understand how torture came to be used before it was officially approved, we need to return to the New York Times article of September 2006, which explained how, according to accounts by three former intelligence officials, the CIA “understood that the legal foundation for its role had been spelled out in a sweeping classified directive” signed by President Bush on September 17, 2001, which authorized the agency “to capture, detain and interrogate terrorism suspects.”

Significantly, this “memorandum of notification” did not spell out specific guidelines for interrogations, but as later research, and the latest reports have confirmed, the directive led to focused efforts by the CIA, and by William J. Haynes II, the Pentagon’s General Counsel (and a protégé of Dick Cheney), to contact foreign governments for advice on harsh interrogation techniques, and to begin a relationship with a number of individuals involved in the Joint Personnel Recovery Program (JPRA), the body responsible for administering the SERE program (Survival, Evasion, Resistance and Escape), which is taught at U.S. military schools.

Designed to teach military personnel how to resist interrogation if captured by a hostile enemy, the SERE program uses outlawed techniques derived from techniques used on captured U.S. soldiers during the Korean War to elicit deliberately false confessions, and includes, as the Senate Committee report explained, “stripping detainees of their clothing, placing them in stress positions, putting hoods over their heads, disrupting their sleep, treating them like animals, subjecting them to loud music and flashing lights, and exposing them to extreme temperatures.” In some circumstances, the techniques also include waterboarding, and, as numerous sources -- including the recently released reports and memos -- have revealed over the last few years, the reverse-engineering of the SERE techniques constituted the bedrock of the administration’s interrogation program, from Afghanistan, Iraq and Guantánamo to the secret dungeons of the CIA.

As we also know, from the pioneering research conducted by Jane Mayer, by the time that the CIA took over Zubaydah’s interrogation from the FBI, in April 2002, the team included Dr. David Mitchell, a retired Air Force SERE psychologist. Thanks to the detailed timeline provided by the Senate Committee, we now know that it was Haynes who first inquired about the applicability of the SERE program to the interrogation of prisoners in December 2001, and we also know that, in April 2002, while “experienced intelligence officers were making recommendations to improve intelligence collection” -- which, noticeably, included an assessment by Col. Stuart A. Herrington, a retired Army intelligence officer, that a regime based solely on punishment “detracts from the flexibility that debriefers require to accomplish their mission” -- “JPRA officials with no training or experience were working on their own exploitation plan,” and a colleague of Mitchell’s, Bruce Jessen, a senior SERE psychologist, was providing recommendations for JPRA involvement in the “exploitation of select al-Qaeda detainees” in an “exploitation facility” to be established especially for the purpose -- which, presumably, turned out to be the secret dungeon provided by the Thai government.

We also know from Mayer that discussions about the CIA’s proposed interrogation techniques, in April 2002, involved numerous other senior officials -- beyond the key involvement of Haynes -- in meetings in the White House’s Situation Room that were chaired by National Security Advisor Condoleezza Rice, and attended by Cheney, Rumsfeld, Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft, and, moreover, that the level of detail provided by Tenet appalled Ashcroft to such an extent that he lamented, “History will not judge us kindly.”

This is disturbing enough, but what makes it even more chilling is the realization that the tactics being discussed, which, it is clear, led swiftly to their enactment in actual interrogations, were some months away from being authorized by the OLC. As the Times article explained, in what was perhaps its most damning passage, “Three former intelligence officials said the techniques had been drawn up on the basis of legal guidance from the Justice Department, but were not yet supported by a formal legal opinion.”

In my book, this means that, regardless of the validity of the OLC’s opinions, those who authorized the torture of Abu Zubaydah between March 28 and July 31, 2002 are not protected by the OLC’s supposed “golden shield,” and should be prosecuted for contravening the prohibition on the use of torture that, since 1988, has been enshrined in U.S. law. This may not apply to all of those who attended the meetings in the White House (plus Haynes), but it’s inconceivable that the CIA began subjecting Abu Zubaydah to chronic isolation and sleep deprivation with receiving approval from somebody in high office.

It remains to be seen, however, whether the Obama administration is committed to abiding by the laws that President Obama praised so lavishly during his election campaign, or whether, instead, he and his administration are committed to reading from a different book: How to Torture With Impunity And Get Away With It, by former Vice President Dick Cheney and an array of associates, all intoxicated with the thrill of unfettered executive power, which concludes by claiming that you get away with breaking any damn law that you please, so long as you’re voted out of office at the end.

Video: Hillary Clinton Says "Existential Threat" in Pakistan (22 April 2009)

Related Post: Text of Hillary Clinton Remarks to House Foreign Affairs Committee (22 April 2009)
Full video of Clinton testimony to House Committee on Foreign Affairs

Hillary Clinton has made headlines this morning with this warning: "I think that we cannot underscore the seriousness of the existential threat posed to the state of Pakistan by continuing advances, now within hours of Islamabad, that are being made by a loosely confederated group of terrorists and others who are seeking the overthrow of the Pakistani state, a nuclear-armed state."

Clinton has called on the Pakistani people to rise up against the threat in the Northwest Frontier Provinces: ""I don't hear that kind of outrage and concern coming from enough people that would reverberate back within the highest echelons of the civilian and military leadership of Pakistan."

<script src="http://i.cdn.turner.com/cnn/.element/js/2.0/video/evp/module.js?loc=int&vid=/video/politics/2009/04/22/sot.clinton.on.pakistan.cnn" type="text/javascript"></script><noscript>Embedded video from <a href="http://www.cnn.com/video">CNN Video</a></noscript>

We're working on an analysis of this extraordinary intervention by the US Secretary of State, but the video of the full hearing of the House Foreign Affairs Committee is on C-Span.

Pakistan: Who's in Charge? (Clue from Washington: General Kiyani)

Question of the Day: Who is the most important "reliable" leader in Pakistan?

No, it's not --- at least if you're a key official in the Obama Administration --- President Asif Ali Zardari. The correct answer is General Ashfaq Parvez Kiyani (pictured).

How do I know this? Because I read David Ignatius in The Washington Post.

Ignatius is a sharp, smart journalist who writes well. He's also best considered, with his access to highly-placed Government sources and his re-presentation of their thoughts, as the media auxiliary of the State Department and the Pentagon.

When Ignatius snuck this into the conclusion of his 10 April opinion piece, "A Short Fuse in Pakistan", it was more than a throw-away comment:

If there's a positive sign in all this [political] chaos, it's that the Pakistani army isn't intervening to clean up the mess. Gen. Ashfaq Kiyani, the army chief of staff, has been telling the feuding politicians to get their act together. But he seems to understand that the route to stability isn't through another army coup, but by making this unruly democracy work before it's too late.

Six days later, Ignatius extended his comment with this revelation about the Long March, "A month ago, Pakistan came close to a political breakdown that could have triggered a military coup." He explained with this account of events:

The lawyers' movement began its march on March 12, pledging to occupy Islamabad until the government restored [Supreme Court Chief Justice Iftikhar] Chaudhry to his post. Zardari sent a police force known as the Rangers into the streets of Lahore, apparently hoping to intimidate [opposition political leader Nawaz] Sharif and the marchers. But Sharif evaded the police and joined the protesters as they headed north toward Islamabad.

Kiyani then faced the moment of decision. According to U.S. and Pakistani sources, Zardari asked the army chief to stop the march and protect Islamabad. Kiyani refused, after discussing the dilemma with his friend Mullen, the chairman of the Joint Chiefs of Staff. Meanwhile, Kiyani called Sharif and told him to return home to Lahore, according to one source. And he called the leader of the lawyers' movement, Aitzaz Ahsan, and told him to halt in the city of Gujranwala and wait for a government announcement.

Although Ignatius was careful to give credit to Zardari and Sharif as well as Kiyani and although he made clear that US officials were "hoping that the three could form a united front against the Taliban insurgency in the western frontier areas", he closed with this first-amongst-equals assessment:

On the political scorecard, Zardari came out a loser and Sharif and [Prime Minister Yousuf Raza] Gillani as winners. But the decisive actor was Kiyani, who managed to defuse the crisis without bringing the army into the streets.

And who is behind this analysis? That's not so difficult to discover: in both opinion pieces, Ignatius refers to the "visit to Islamabad by Ambassador Richard Holbrooke [Obama's envoy to Afghanistan-Pakistan] and Admiral Mike Mullen [Chairman of the Joint Chiefs of Staff]" two weeks ago. As their spokesperson, he gives their impression of the weakness and division in the Pakistan political leadership:

Anne Patterson, the highly regarded U.S. ambassador, had assembled some of the nation's political elite to welcome the visiting Americans. During a question-and-answer session, a shouting match erupted between a prominent backer of President Asif Ali Zardari and a supporter of dissident Supreme Court Chief Justice Iftikhar Mohammed Chaudhry.

On some major security and intelligence issues, [Zardari] claimed no knowledge or sought to shift blame to others, and the overall impression was of an accidental president who still has an uncertain grasp on power.

This is far from the first time that Ignatius has been the conduit for Washington's view of the "right" Pakistani Government. The day of Barack Obama's election, he wrote:

What's different on the Pakistani side isn't just the secret cooperation with America. There was lots of that under the previous president, Pervez Musharraf. What's new is that Zardari and Kiyani are working openly to build popular support for their operations against the Muslim militants....And Kiyani seems determined to stop [former President Pervez] Musharraf's practice of using the [Pakistani intelligence service] ISI to maintain contact with the Afghan warlords.

What has changed in the last five months is that Zardari is no longer reliable, both in his domestic political manoeuvres and his apparent willingness to make concessions to the "militants" in northwest Pakistan. So Washington cannot expect him to implement the proper programme, again put forth by Ignatius, to curb the insurgency:

America should channel its aid through the tribal chiefs, known as maliks, rather than the corrupt Pakistani government. It should help train the Frontier Corps, a rough-hewn tribal constabulary, rather than rely on Pakistani army troops who are seen as outsiders. To curb the militant Islamic madrassas, the United States should help improve the abysmal public schools in the region.

But that, of course, raises the dilemma lurking in Ignatius's recent columns. Like it or not, the unreliable Zardari is still the legal head of state in Pakistan. Toppling him with a military coup --- even if Kiyani wanted to make the move --- would give a most un-democratic appearance to Washington's campaign in the region, as well as raising memories of the Bush Administration's ultimately ill-fated co-operation with General/President Musharraf.

So Ignatius --- speaking for Holbrooke, Mullen, Secretary of State Hillary Clinton, and President Obama --- has to be clear that Washington helped prevent a coup last month. At the same time, the question is still hanging: what if Zardari continues to be ineffective and uncooperative?

What if, to repeat but slightly adjust Ignatius's words, Washington concludes, "this unruly democracy [can't] work before it's too late"? The least bad option, as perceived by US policymakers, may be that it's time for General Kiani to take over the top spot --- in public rather than behind the scenes --- in the Pakistani Government.