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A post by Pat

The positions of each are well known. Obama says the enhanced interrogation techniques were illegal and a violation of our ideals. Cheney defends the methods as legal and effective in saving American lives. Obama said Guantanamo was “a mess” and had to be closed. He delineated how categories of detainees would be processed, some winding up in U.S. prisons. One could ask how physically moving the detainees makes a difference in our values.

As usual Obama sets up a false argument: the rule of law versus “anything goes”.

And congratulations to John McCain and Lindsay Graham for being cited by Obama in support of his arguments.

From full text Obama’s speech

This responsibility is only magnified in an era when an extremist ideology threatens our people, and technology gives a handful of terrorists the potential to do us great harm. We are less than eight years removed from the deadliest attack on American soil in our history. We know that al Qaeda is actively planning to attack us again. We know that this threat will be with us for a long time, and that we must use all elements of our power to defeat it.

Already, we have taken several steps to achieve that goal. For the first time since 2002, we are providing the necessary resources and strategic direction to take the fight to the extremists who attacked us on 9/11 in Afghanistan and Pakistan. We are investing in the 21st century military and intelligence capabilities that will allow us to stay one step ahead of a nimble enemy. We have re-energized a global non-proliferation regime to deny the world’s most dangerous people access to the world’s deadliest weapons, and launched an effort to secure all loose nuclear materials within four years. We are better protecting our border, and increasing our preparedness for any future attack or natural disaster. We are building new partnerships around the world to disrupt, dismantle, and defeat al Qaeda and its affiliates. And we have renewed American diplomacy so that we once again have the strength and standing to truly lead the world.

These steps are all critical to keeping America secure. But I believe with every fiber of my being that in the long run we also cannot keep this country safe unless we enlist the power of our most fundamental values. The documents that we hold in this very hall – the Declaration of Independence, the Constitution, the Bill of Rights -are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality and dignity in the world.

Unfortunately, faced with an uncertain threat, our government made a series of hasty decisions. And I believe that those decisions were motivated by a sincere desire to protect the American people. But I also believe that – too often – our government made decisions based upon fear rather than foresight, and all too often trimmed facts and evidence to fit ideological predispositions. Instead of strategically applying our power and our principles, we too often set those principles aside as luxuries that we could no longer afford. And in this season of fear, too many of us – Democrats and Republicans; politicians, journalists and citizens – fell silent. In other words, we went off course. And this is not my assessment alone. It was an assessment that was shared by the American people, who nominated candidates for President from both major parties who, despite our many differences, called for a new approach – one that rejected torture, and recognized the imperative of closing the prison at Guantanamo Bay.

…the decisions that were made over the last eight years established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable – a framework that failed to rely on our legal traditions and time-tested institutions; that failed to use our values as a compass. And that is why I took several steps upon taking office to better protect the American people.

First, I banned the use of so-called enhanced interrogation techniques by the United States of America.

[…]The arguments against these techniques did not originate from my Administration. As Senator McCain once said, torture “serves as a great propaganda tool for those who recruit people to fight against us.”

The second decision that I made was to order the closing of the prison camp at Guantanamo Bay.

There is also no question that Guantanamo set back the moral authority that is America’s strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law.

So the record is clear: rather than keep us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. It sets back the willingness of our allies to work with us in fighting an enemy that operates in scores of countries. By any measure, the costs of keeping it open far exceed the complications involved in closing it. That is why I argued that it should be closed throughout my campaign. And that is why I ordered it closed within one year.

The third decision that I made was to order a review of all the pending cases at Guantanamo.

I knew when I ordered Guantanamo closed that it would be difficult and complex. There are 240 people there who have now spent years in legal limbo. In dealing with this situation, we do not have the luxury of starting from scratch. We are cleaning up something that is – quite simply – a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant basis, and that consumes the time of government officials whose time should be spent on better protecting our country.

Now, over the last several weeks, we have seen a return of the politicization of these issues that have characterized the last several years. I understand that these problems arouse passions and concerns. They should. We are confronting some of the most complicated questions that a democracy can face. But I have no interest in spending our time re-litigating the policies of the last eight years. I want to solve these problems, and I want to solve them together as Americans.

And we will be ill-served by some of the fear-mongering that emerges whenever we discuss this issue. Listening to the recent debate, I’ve heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country. So I want to take this opportunity to lay out what we are doing, and how we intend to resolve these outstanding issues. I will explain how each action that we are taking will help build a framework that protects both the American people and the values that we hold dear. And I will focus on two broad areas: first, issues relating to Guantanamo and our detention policy; second, issues relating to security and transparency.

Let me begin by disposing of one argument as plainly as I can: we are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders – highly secure prisons that ensure the public safety. … As Senator Lindsey Graham said: “The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational.”

First, when feasible, we will try those who have violated American criminal laws in federal courts – courts provided for by the United States Constitution. Some have derided our federal courts as incapable of handling the trials of terrorists. They are wrong. Our courts and juries of our citizens are tough enough to convict terrorists, and the record makes that clear.

The second category of cases involves detainees who violate the laws of war and are best tried through Military Commissions. Military commissions have a history in the United States dating back to George Washington and the Revolutionary War. They are an appropriate venue for trying detainees for violations of the laws of war. They allow for the protection of sensitive sources and methods of intelligence-gathering; for the safety and security of participants; and for the presentation of evidence gathered from the battlefield that cannot be effectively presented in federal Courts.

Now, some have suggested that this represents a reversal on my part. They are wrong. In 2006, I did strongly oppose legislation proposed by the Bush Administration and passed by the Congress because it failed to establish a legitimate legal framework, with the kind of meaningful due process and rights for the accused that could stand up on appeal. I did, however, support the use of military commissions to try detainees, provided there were several reforms. And those are the reforms that we are making.

Finally, there remains the question of detainees at Guantanamo who cannot be prosecuted yet who pose a clear danger to the American people.

I want to be honest: this is the toughest issue we will face. We are going to exhaust every avenue that we have to prosecute those at Guantanamo who pose a danger to our country. But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States. Examples of that threat include people who have received extensive explosives training at al Qaeda training camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans. These are people who, in effect, remain at war with the United States.

As I said, I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. However, we must recognize that these detention policies cannot be unbounded. That is why my Administration has begun to reshape these standards to ensure they are in line with the rule of law. We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don’t make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.

In all of the areas that I have discussed today, the policies that I have proposed represent a new direction from the last eight years. To protect the American people and our values, we have banned enhanced interrogation techniques. We are closing the prison at Guantanamo. We are reforming Military Commissions, and we will pursue a new legal regime to detain terrorists. We are declassifying more information and embracing more oversight of our actions, and narrowing our use of the State Secrets privilege. These are dramatic changes that will put our approach to national security on a surer, safer and more sustainable footing, and their implementation will take time.

There is a core principle that we will apply to all of our actions: even as we clean up the mess at Guantanamo, we will constantly re-evaluate our approach, subject our decisions to review from the other branches of government, and seek the strongest and most sustainable legal framework for addressing these issues in the long-term. By doing that, we can leave behind a legacy that outlasts my Administration, and that endures for the next President and the President after that; a legacy that protects the American people, and enjoys broad legitimacy at home and abroad.

We see that, above all, in how the recent debate has been obscured by two opposite and absolutist ends. On one side of the spectrum, there are those who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency. On the other end of the spectrum, there are those who embrace a view that can be summarized in two words: “anything goes.” Their arguments suggest that the ends of fighting terrorism can be used to justify any means, and that the President should have blanket authority to do whatever he wants – provided that it is a President with whom they agree.

From full text Cheney’s speech

Right now, there’s considerable debate in this city about the measures our administration took to defend the American people. Today I want to set forth the strategic thinking behind our policies. I do so as one who was there every day of the Bush administration, who supported the policies when they were made and without hesitation would do so again in the same circumstances.

9/11 made necessary a shift of policy, aimed at a clear strategic threat: what the Congress called “an unusual and extraordinary threat to the national security and foreign policy of the United States.” From that moment forward, instead of merely preparing to round up the suspects and count the victims after the next attack, we were determined to prevent attacks in the first place.

To make certain our nation never again faced such a day of horror, we developed a comprehensive strategy, beginning with a far greater homeland security to make the United States a tougher target. But since wars cannot be won on the defensive, we moved decisively against the terrorists in their hideouts and sanctuaries and committed to using every asset to take down their networks.

I would advise the administration to think very carefully about the course ahead. All the zeal that has been directed at the interrogations is utterly misplaced, and staying on that path will only lead our government further away from its duty to protect the American people.

Even before the interrogation program began, and throughout its operation, it was closely reviewed to ensure that every method used was in full compliance with the Constitution, with our statutes, and treaty obligations. On numerous occasions, leading members of Congress, including the current speaker of the House, were briefed on the program and on the methods. Yet for all these exacting efforts to do a hard and necessary job and to do it right, we hear from some quarters nothing but feigned outrage based on a false narrative. In my long experience in Washington, few matters have inspired so much contrived indignation and phony moralizing as the interrogation methods applied to a few captured terrorists.

I might add that people who consistently distort the truth in this way are in no position to lecture anyone about values. Intelligence officers of the United States were not trying to rough up some terrorists simply to avenge the dead of 9/11. We know the difference in this country between justice and vengeance.

The administration seems to pride itself on searching for some kind of middle ground in policies addressing terrorism. They may take comfort in hearing disagreement from opposite ends of the spectrum. If liberals are unhappy about some decisions and conservatives are unhappy about other decisions, then it may seem to them that the president is on the path of sensible compromise.

But in the fight against terrorism, there is no middle ground, and half-measures keep you half-exposed. You cannot keep just some nuclear-armed terrorists out of the United States; you must keep every nuclear-armed terrorist out of the United States.

Triangulation is a political strategy, not a national security strategy. When just a single clue that goes unlearned or one lead that goes unpursued can bring on catastrophe, it’s no time for splitting differences. There is never a good time to compromise when the lives and safety of the American people hang in the balance.

Behind the overwrought reaction to enhanced interrogations is a broader misconception about the threats that still face our country. You can sense the problem in the emergence of euphemisms that strive to put an imaginary distance between the American people and our terrorist enemy.

The administration has found that it’s easy to receive applause in Europe for closing Guantanamo, but it’s tricky to come up with an alternative that will serve the interests of justice and America’s national security.

It’s one thing to adopt the euphemisms that suggest we’re no longer engaged in a war. These are just words, and in the end it’s the policies that matter most.

You don’t want to call them enemy combatants? Fine. Call them what you want; just don’t bring them into the United States.

This recruitment-tool theory has become something of a mantra lately, including from the president himself. And after a familiar fashion, it excuses the violent and blames America for the evil that others do. It’s another version of that same old refrain from the left, “We brought it on ourselves.”

It is much closer to the truth that terrorists hate this country precisely because of the values we profess and seek to live by, not by some alleged failure to do so. Nor are terrorists or those who see them as victims exactly the best judges of America’s moral standards one way or the other.

Critics of our policies are given to lecturing on the theme of being consistent with American values, but no moral value held dear by the American people obliges public servants to sacrifice innocent lives to spare a captured terrorist from unpleasant things. And when an entire population is targeted by a terror network, nothing is more consistent with American values than to stop them.

If fine speech-making, appeals to reason, or pleas for compassion had the power to move them, the terrorists would long ago have abandoned the field. And when they see the American government caught up in arguments about interrogations or whether foreign terrorists have constitutional rights, they don’t stand back in awe of our legal system and wonder whether they had misjudged us all along.

Instead, the terrorists see just what they were hoping for: our unity gone, our resolve shaken, our leaders distracted. In short, they see weakness and opportunity.

If Americans do get the chance to learn what our country was spared, it’ll do more than clarify the urgency and the rightness of enhanced interrogations in the years after 9/11. It may help us to stay focused on dangers that have not gone away. Instead of idly debating which political opponents to prosecute and punish, our attention will return to where it belongs: on the continuing threat of terrorist violence and on stopping the men who are planning it. For all the partisan anger that still lingers, our administration will stand up well in history, not despite our actions after 9/11, but because of them. And when I think about all that has come — has to come during our administration and afterward — the recriminations, the second-guessing, the charges of hubris — my mind always goes back to that moment.