Susan Glasser, the Washington Post's former Moscow co-bureau chief and now editor over at Foreign Policy, is sending around a fresh blog post from the FP's impressive site by Philip Zelikow, Condoleeza Rice's former counselor. Now that the Obama administration has released memos written by former President George W. Bush's l 9/11_Commission">9/11 Commission, and the reasoning behind his dissidence, as expressed in the blog post, is worth reading.
Zelikow's conclusion:
The underlying absurdity of the administration's position can be summarized this way. Once you get to a substantive compliance analysis for "cruel, inhuman, and degrading" you get the position that the substantive standard is the same as it is in analogous U.S. constitutional law. So the OLC must argue, in effect, that the methods and the conditions of confinement in the CIA program could constitutionally be inflicted on American citizens in a county jail. In other words, Americans in any town of this country could constitutionally be hung from the ceiling naked, sleep deprived, water-boarded, and all the rest -- if the alleged national security justification was compelling. I did not believe our federal courts could reasonably be expected to agree with such a reading of the Constitution.
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