The Torture Compromise of 2007

A friend at a dinner party on the East coast found herself in an argument in which she was the only person opposed to torture. The other invitees, all graduates of favored preparatory schools and Ivy League colleges, worked in the law, investment banking, urban planning and the arts. They agreed that President Bush was incompetent and untrustworthy; but his fundamental mistake about torture had been to go after the law. Torture, they said, cannot be a policy, and a law that permits torture cannot be on the books. What is wanted is a leader who will break the law selectively, in a way we can trust. Torture should be allowable, but only by the right people and for the right reason. To a man and woman, the guests who held this view were supporters of Hillary Clinton.

Go back a year. A scholar-adviser of Democratic candidates was addressing a group of journalists shortly before the 2006 election. Confident of a victory, he rattled off the legislative successes that would come soon after the Democratic majority was in place. Prescription drugs, minimum wage. As the discussion wound down, a deferential question came from a liberal editor at the back of the room. "Can we expect the Democrats to repeal the suspension of habeas corpus and the Military Commissions Act?" The answer was (slowly), No. "Of course, we're all against those things, but they can't be a primary concern to a new majority. The laws should be changed. And things will get better; but I wouldn't expect this to be at the top of the Democratic agenda." More...