Democrats sound much different on the torture issue now

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Thursday Dec. 4, 2008 05:44 EST

Why do Feinstein and Wyden sound much different on the torture issue now?
Glenn Greenwald

Time constraints prevented me yesterday from writing about Dianne Feinstein's comments concerning torture in yesterday's New York Times, in which the California Senator -- who will replace Jay Rockefeller as Chairperson of the Senate Intelligence Committee -- rather clearly backtracked on what had been her repeated, unequivocal insistence throughout the year that the CIA should be required to comply with the Army Field Manual when interrogating detainees. But Time's Michael Scherer picked up on the same backtracking and did a very good job of highlighting what appears to be Feinstein's (as well as Ron Wyden's) conspicuous, and rather disturbing, reversals.

But it's actually somewhat worse even than Scherer suggests. According to Mark Mazzetti and Scott Shane, who wrote the article, Feinstein and Wyden are just two of the "senior Democratic lawmakers" who have "seemed reluctant in recent interviews to commit the new administration to following the Army Field Manual in all cases" -- despite the fact that both Feinstein and Wyden said throughout the year that they emphatically favored such a measure and even co-sponsored legislation requiring it.

From the Times article: "in an interview on Tuesday, Mrs. Feinstein indicated that extreme cases might call for flexibility." And: "'I think that you have to use the noncoercive standard to the greatest extent possible,' she said, raising the possibility that an imminent terrorist threat might require special measures." Wyden's comments were even worse:

Senator Ron Wyden of Oregon, another top Democrat on the Intelligence Committee, said he would consult with the C.I.A. and approve interrogation techniques that went beyond the Army Field Manual as long as they were “legal, humane and noncoercive.” But Mr. Wyden declined to say whether C.I.A. techniques ought to be made public.

What makes this so notable is that, for the last year, Feinstein and Wyden were both insistent that the only way to end torture and restore America's standing in the world was to require CIA compliance with the Army Field Manual -- period. But as long as George Bush was President, it was cheap and easy for Feinstein and Wyden to argue that, because they knew there was no chance it would ever happen. As they well knew, they lacked the votes to override Bush's inevitable veto of any such legislation. So as long as Bush was President, it was all just posturing, strutting around demanding absolute anti-torture legislation they knew would never pass.

But that has all changed now. Although Obama's top intelligence adviser, John Brennan, has questioned whether it was necessary or wise to do so, Obama himself said repeatedly and unequivocally during the campaign that he supports legislation to compel CIA compliance with the Army Field Manual, making it virtually impossible for him to veto any such legislation if Congress passes it. Thus, Senate Democrats now know that if they pass the law they claimed so vehemently to support, it would actually get enacted.

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