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Rice Channels Nixon: Since the President Authorized Torture, That Makes It Legal

Posted by Ali Frick, Think Progress at 8:25 AM on April 30, 2009.


Watch Rice attempt to hide her central role in approving torture.

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Recently, former Secretary of State Condoleezza Rice spoke with some students at Stanford University, where she is a Senior Fellow at the Hoover Institute. When a student asked whether Rice had authorized torture, she refused to take responsibility, saying only that she "conveyed the authorization of the administration." She added that, "by definition," once the president authorized "enhanced interrogations," they were automatically legal:

Q: Is waterboarding torture?

RICE: The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture. So that's -- And by the way, I didn't authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department's clearance. That's what I did.

Q: Okay. Is waterboarding torture in your opinion?

RICE: I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.

The Young Turks' Cenk Uygur, who obtained the video, said Rice "

absolutely pulls a Nixon

" in her answer.

Rice is attempting to hide her central role in approving torture, as the Senate Armed Services Committee report released last week highlighted. She gave verbal authorization to then-director of the CIA George Tenet to waterboard Abu Zubaydah in July 2002 -- one month before the Office of Legal Counsel gave the legal justification for such torture.

Rice's opinion that a presidential authorization -- "by definition" -- grants something legality is deeply disturbing. In fact, the United States -- and its president -- are bound by U.S. statute and international treaties that ban the use of cruel, humiliating, degrading treatment, the infliction of suffering, and the attempt to extract coerced confessions.

Memo to Rice: Bush may have been "the Decider," but he didn't have the authority to make an illegal act magically legal.

Digg!

Tagged as: torture, condoleezza rice

Ali Frick is a Research Associate for The Progress Report and ThinkProgress.org at the Center for American Progress Action Fund.


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Republican thought seems to adore dictatorships..
Posted by: luzmejor on Apr 30, 2009 9:41 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Rice's opinion seems to view the presidency as some sort of legitimate and free-roving dictatorship.

How did the government of America slide so easily into that kind of thinking? Right now I would say that the "corporate" top-down model seems to be the genesis for it.

Remember the revelations of the book about Nixon called All the President's Men? That gave us a perfect portrait of Republican thinking then, and with further advances against human liberty, now.

"Those who do not learn from history are condemned to repeat it." George Santayana

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Nothing new here...
Posted by: leafsong1 on Apr 30, 2009 12:24 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Conservatives have been saying that might makes right for thousands of years, and for thousands of years, it has been a lie told by the mighty to escape their just desserts.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Remember when
Posted by: Bliss Doubt on Apr 30, 2009 3:14 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Condy, never married, accidentally referred to Bush as "my husband"?

So now she dumps her husband in the river: And by the way, I didn't authorize anything.

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» "my husband" Posted by: paulaH
» RE: "my husband" Posted by: Bliss Doubt
Obama's Position is Very Similar
Posted by: DrBrian on Apr 30, 2009 5:12 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Obama's position really isn't that different from Rice's; he acknowledges the crimes but praises the criminals and vows to protect them, placing himself in violation of federal law because the UN Convention on Torture contains an affirmative duty to prosecute. Both of them acknowledge that the law was broken but exempt the criminals from responsibility based on superior orders. The only difference is that Obama doesn't say that the president can overrule laws, although his continued illegal detentions, spying on Americans and forced disappearances indicate that he believes that to be the case.

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As I hear it, it's actually a case of circular logic
Posted by: UnEasyOne on Apr 30, 2009 5:37 PM   
Current rating: 3    [1 = poor; 5 = excellent]
Not an assertion of "Divine right" or more Federalist crap.

She essentially was saying: "The president wouldn't break the law by torturing; he said that repeatedly. Therefore what we did, by definition, isn't torture."

Utter bullshit, of course, but not the specific assertion of absolute presidential power Cenk is charging her with.

Don't know whether Rice is a Federalist or not; wouldn't be a bit surprised to hear past or future claims from her that W had been anointed by Jesus to be Eternal Emperor of the Universe - but this time - and in this particular statement I don't think that's what she was sayin.

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elated
Posted by: abletuno1 on Apr 30, 2009 8:09 PM   
Current rating: 1    [1 = poor; 5 = excellent]
it is wonderful to have a slice and make em kosher from ear to ear soon from one end of the usa to the other we will get to all the zionist and the government too..that is comming soon..and they thought a nwo was going to happen hahahahahahah they are in for a real surprise as our the zionist. Too bad the good jews did not get the point accross( not in our faith ) to the aparthied occupation of palestine soon they will bath in a nuclear holocaust and no one will morn

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Condi we are comming
Posted by: abletuno1 on Apr 30, 2009 8:13 PM   
Current rating: 4    [1 = poor; 5 = excellent]
all the past and present government officials and presidents should all hide forever as well as their families we are taking over and are going to seek FULL justice. Eye for an eye

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Ali, you and Alternet do the same thing: since Bush tells us what happened on 9/11, we believe it!
Posted by: pfgetty on May 1, 2009 3:23 AM   
Current rating: 3    [1 = poor; 5 = excellent]
There is only one reason why people believe the official 9/11 story: because Bush, the president, told them that was the truth. And the media followed. And you avoid, along with Alternet and all of the media, presenting any of the information, piles of it, that prove the official story is BS.
9/11 is the mother of all the other issues, like torture, illegal wars and occupations, wiretapping, etc......all things that you love to cover.
But it has been seven and a half years and you have not mentioned any of the evidence proving that the official story is a fraud.
Bush told the story, so it must be true! Right?
You are doing the same thing as those who believe whatever the president says is legal, is legal.

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» Thank you, lively56. Posted by: pfgetty
» RE: Technical glitch Posted by: Sister_Lauren
» RE: Technical glitch Posted by: Reader in Japan
The "Limits" on Executive Power
Posted by: shill on May 1, 2009 3:34 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
As outlined in the book "Cracks in the Constitution," by Ferdinand Lundberg, the Executive branch actually runs things. Congress is too busy arguing amongst themselves, or trying to get re-elected by getting pork distributed to their districts. And who gets the overwhelming lion's share of the press? The President, or Congressmen? Tough one, right? The Supreme Court is often packed with political cronies who usually vote with the president who "brung them there." That, OR they are used by other politicians as fall guys to their constituencies. "I TRIED to vote that law (in/out) but look at what the Supreme Court, the "Law of the Land" did!" "THEY declared it unconstitutional/constitutional!" "It's out of my hands!" This idea that it's legal because the President says it is (used not just by the Bush II White House, but by others as well) is further evidence of the truth of Lundberg's assertion. There are few real limits on the power of the President, except for the unwieldy method of impeachment which creates as much division and uproar as it solves.

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Condi, Lewis Carroll, and Nuremburg
Posted by: s.duplantier on May 1, 2009 3:42 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Condi must have honed her logic by reading Lewis Carroll's Alice in Wonderland!

Sample:

The Duchess says to Alice: "Be what you would seem to be -- or, if you'd like it put more simply -- Never imagine yourself not to be otherwise than what it might appear to others that what you were or might have been was not otherwise than what you had been would have appeared to them to be otherwise."

Dr. Rice has been a slimy weasel all along.

Can we proceed with Nuremburg II now please?

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» Good one! Posted by: we_need_Abe
Condi's a coward!
Posted by: we_need_Abe on May 1, 2009 6:08 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Condi is both a coward and a nasty c-word. It's a shame that there are so many people out there with lots of god-given intelligence and have no ability to use it for anything productive to society as a whole. Condi really should take some time, meet with survivors of the things she did not approve, meet with refugees of Iraq and Afghanistan (and 9/11 for that matter) and re-think her view of the world. Either than or curl up and die because she using up resources that would be better saved for a better person.

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Save your Ass Condi- Testify for the prosecution in international Court
Posted by: Purple Girl on May 1, 2009 6:22 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Funny she never expalined who 'They' were that told her that their 'obligations would be met' as long as the Pres ok'ed it....Gee who would have such a Nixonian idea...Cheney,Rummy, Wolfie?
If Condi and W want to literally save their asses- they need to start talking. We all know neither had any control over the Admin. The Three not only ran the WH, but the Pentagon and were the major decsion makers in a number of industries (the oens with no Bid contracts). Even though the MIC was up and running long before these three took the helm- they are the current 3 Giodfathers of this Syndicated Crime Organization.They have been working 'in the shadows' for 4 decades undermining and using US.
But Condi don't just provide US with the necessary first hand accounts- Give it to the Interantional community. These three do not derserve the Priviledge of being prosecuted under our form of Justice. they have not only committed Treasonous acts against US, They have used our resources and reputation to commit Crimes against Humanity for decades.
The 800lb Gorilla in the room when discussing how to proceed on these Memos is the fact the interantional community now holds the rights to prosecution, not US. The Bushies actions took this debate out of our hands. The Pentagon is on trial, the Congress is on Trial , the DOJ is on trial, the institution of the Office of the Presidency is on trial and frankly our Democratic control over our Gov't is on trial.
Want to save your Ass and your sweetheart W's testify before the International Court as a Witness for the prosecution.
For US to regain our credibilty as a Beason of Freedom and Justice, we must turn this entire case over to the international community, while providing any and all assistance to their case.

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How About Your Fundamental Sense of Decency, Ms. Rice?
Posted by: Carol Burns on May 1, 2009 6:31 AM   
Current rating: 5    [1 = poor; 5 = excellent]
...did that ever come into play? Oh, I see, you don't have one...

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Can you spell JAILTIME?
Posted by: Spiritgirl on May 1, 2009 6:45 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Alright so "the President" that has sworn to uphold "the Constitution" against all enemies foreign and domestic - has authorized something illegal, so that makes it legal?!? WTF?!?! So, if the President "authorized" you to kill your mother, that wouldn't really be murder, because all those criminals in jail I'm sure would love to use that defense!!!
Please, can we "authorize" JAILTIME, NOW!!!!

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» RE: Can you spell JAILTIME? Posted by: august hinton
» RE: Can you spell JAILTIME? Posted by: DreamFast
» RE: Can you spell JAILTIME? Posted by: Quannah
Cherry picking time
Posted by: americansheep on May 1, 2009 6:56 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Like a cherry on top of a banana split, Condoleeza sits atop the steaming pile of doo-doo left by the Bushit gangsters. Rice and Shit compliment each other: a total "waste" of her education.

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Join me in calling for her removal from the Hoover Institution
Posted by: wmp2304 on May 1, 2009 7:35 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The video is evidence that the comments of Ms. Rice fall decidedly outside the expressed mission on the Hoover Institution MISSION STATEMENT

Excerpts:
"...Hoover's 1959 statement to the Board of Trustees of Stanford University...continues to guide and define its mission...This Institution supports the Constitution of the United States, its Bill of Rights...
The overall mission of this Institution is
...to recall the voice of experience against the making of war
...to recall man's endeavors to make and preserve peace
...constantly and dynamically point the road to peace
...secure and safeguard peace, improve the human condition, and limit government intrusion into the lives of individuals.


Tell Hoover what you think here:

or here:
Hoover Institution
434 Galvez Mall
Stanford University
Stanford, CA 94305-6010

Phone: 650-723-1754
Toll free: 1-877-466-8374
Fax: 650-723-1687

Also, I daresay none of the following distinguished individuals would care to be publicly linked with a soon-to-be-indicted war criminal, so let each of Stanford's Board of Trustee's know what you think. :)

* William M. Barnum, Jr., General Partner, Brentwood Associates, Los Angeles, CA
* Robert M. Bass, President, Keystone Group LP, Fort Worth, TX
* Mariann Byerwalter, Chairman, JDN Corporate Advisory, LLC, Daly City, CA
* James E. Canales, President and CEO, The James Irvine Foundation, San Francisco, CA
* James G. Coulter, Founding Partner, TPG Capital, LP, San Francisco, CA
* Mary B. Cranston, Firm Senior Partner, Pillsbury Winthrop Shaw Pittman, LLP, San Francisco, CA
* Lauren B. Dachs, President, S.D. Bechtel, Jr. Foundation, San Francisco, CA
* Steven A. Denning, Chairman, General Atlantic LLC, Greenwich, CT
* Bruce W. Dunlevie, General Partner, Benchmark Capital, Menlo Park, CA
* Ying-Ying Goh, M.D., Pasadena, CA
* John A. Gunn, Chief Executive Officer, Dodge and Cox, San Francisco, CA
* Christine U. Hazy, Co-Founder and Managing Director, Sketch Foundation, Los Angeles, CA
* John L. Hennessy, President, Stanford University, Stanford, CA
* Pete Higgins, Partner, Second Avenue Partners, Seattle, WA
* Leslie P. Hume, San Francisco, CA (Chair)
* Ann H. Lamont, Managing Partner, Oak Investment Partners, Westport, CT
* John P. Levin, Founder and Senior Counsel, Folger Levin & Kahn, LLP, San Francisco, CA
* Goodwin Liu, Professor of Law and Associate Dean, University of California, Berkeley, Berkeley, CA
* Susan R. McCaw, President, COM Investments, Kirkland, WA
* Hamid R. Moghadam, Chairman and Chief Executive Officer, AMB Property Corporation, San Francisco, CA
* Wendy Munger, South Pasadena, CA
* Ellen Ochoa, Deputy Director, NASA Johnson Space Center, Houston, TX
* Miriam Rivera, Partner, Ulu Ventures, Palo Alto, CA
* Richard A. Sapp, Rancho Santa Fe, CA
* Philip G. Satre, Chairman of the Board, Retired, Harrah's Entertainment, Inc., Reno, NV
* John H. Scully, Managing Director, SPO Partners & Co., Mill Valley, CA
* Isaac Stein, President, Waverley Associates, Atherton, CA
* Thomas F. Steyer, Senior Managing Member, Farallon Capital Management, LLC, San Francisco, CA
* Ross H. Walker, Partner, Real Estate Development & Acquisitions, Wolff Urban Development, Los Angeles, CA
* Vaughn C. Williams, Partner, Skadden Arps Slate Meagher & Flom, New York, NY
* Jerry Yang, Chief Yahoo and Co-Founder, Yahoo! Inc., Sunnyvale, CA

Stanford Admin link

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Just following orders, Mein Herr
Posted by: socrates2 on May 1, 2009 9:22 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Ms Rice is quoted as saying,

"And by the way, I didn't authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department's clearance. That's what I did."

Is this her variant of that oft-quoted phrase, "I was following orders" (and passing them on)?
Yikes! As someone else wrote in this section, it is time for Nuremberg 2.

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"My husband"
Posted by: paulaH on May 1, 2009 9:35 AM   
Current rating: 5    [1 = poor; 5 = excellent]
On the "my husband" comment--I find it interesting the Repugs didn't jump all over that and appoint a special prosecutor to find out if Condi and Bush were having an affair. After all, if ANY woman, never mind one in Condi's position, had uttered those words about Clinton, the Repugs would have spared no expense to find out why she said such a thing.

Yet, this little tidbit was barely mentioned. Figures.

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» RE: "My husband" Posted by: Sister_Lauren
As a Stanford graduate, I'm especially ashamed ...
Posted by: jimswanson on May 1, 2009 10:43 AM   
Current rating: 5    [1 = poor; 5 = excellent]
James A. Swanson, Los Altos, California
“The Bush League of Nations” [for FREE download of entire $25.95 book]

As a Stanford graduate, I’m especially ashamed of Rice and her performance in the Bush regime.

The failure to impeach Bush and Cheney was a devastating blow to the U.S. Constitution, American ideals, and the rule of law.

A failure to fully investigate and prosecute all those responsible for torture and other war crimes, including Rice, would be even more devastating.

We must keep grassroots pressure on law enforcement, Congress, and the Obama administration to follow the evidence wherever it leads, and fully prosecute the war criminals in our midst.

We must encourage other nations to speak their truth and help prosecute our war criminals.

My progressive views are expressed in "The Bush League of Nations: The Coalition of the Unwilling, the Bullied and the Bribed – the GOP’s War on Iraq and America," by James A. Swanson (2008, published by CreateSpace Publishing, 448 pages).

You can now download the entire $25.95 book for FREE at www.bushleagueofnations.com.

I ask for nothing in return, except that you consider using this free resource to help transform and build America.

Jim Swanson, Los Altos, CA
[Activist, author, entrepreneur, business executive, Peace Corps volunteer, MIT graduate, Stanford University JD/MBA]
“The Bush League of Nations” [for FREE download of entire $25.95 book]

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Condesleeza owns a condo in the Washington suburbs, and the other name on the deed
Posted by: Ellie1 on May 1, 2009 1:00 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
is a woman. You don't buy a house with someone of the same sex unless you are gay. Condeleeza Rice is a lesbian.

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Get a grip
Posted by: bigbadmean1 on May 1, 2009 3:50 PM   
Current rating: 1    [1 = poor; 5 = excellent]
I'm amazed by the amount of energy and passion that's being used in this "gotcha" torture debate. I'm also amazed by the zeal of those on the left, including our president, to "out" those who were doing that which they narrowly defined to not be torture. In the end, politicians at the highest level must protect the citizenry. Do I care how they treated a terrorist who masterminded the deaths of thousands of innocent Americans. Not really. Is Condi correct in her assertion, absolutely! But instead of yet again trying to blast the Bush administration for it's actions, they should look at the content of Condi's assertion; which is the President would not authorize anything illegal. Thus for him to authorize whatever interrogation techniques were used, he and his administration had to insure that they were legal. Legal in a very narrow sense, but legal nontheless.

As for the imperialism charge, the president does have broad and vast power. Exhibit Obama and his daily decrees. But I guess since you agree with his politics, his decree's are less sinister and more legal than his predecessor.

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» RE: Get a grip Posted by: Quannah
» RE: Get a grip Posted by: Angelsmom
Rice is
Posted by: willymack on May 1, 2009 4:14 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Fluent in the Russian language.
Rice is a concert pianist of considerable skill.
If she'd stayed with one or both of these, she would be a lot better off, instead, she belongs in JAIL.

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ruthg
Posted by: ruthgott on May 1, 2009 8:23 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I always viewed Rice over the years, acting as her forebears did, at the behest of their powerful white, male slave owners.

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» RE: Our robes are white... Posted by: Sister_Lauren