Judgment Eve

Fingers crossed everyone. . .

Iowa City Keeps on Winning

In case you missed it, UNESCO just designated Iowa City as an official "City of Literature." Here's the U of I press release. As of now, there are only two other cities in the world that have received a similar designation: Edinburgh, Scotland and Melbourne, Australia.

And if that doesn't impress or inspire you, check this out:





Go Hawks.

U.S.A! U.S.A! -- A Great Party and a Great Speech

What an amazing night. The first results here in Germany came in at about midnight, but the festivities kicked off much earlier at the law school.

In collaboration with the U.S. Consulate in Hamburg, Bucerius Law School hosted a massive election party that Vanity Fair listed as one of the best places in Germany to watch the election.

Starting at about 7:00 p.m. there were videos, lectures on American politics, bands, and several television stations broadcasting various panel discussions live. Attendees were offered a selection of fine American cuisine: hot dogs, hamburgers, freedom fries, and Jack Daniels. American flags were EVERYWHERE.

It was kind of a big deal.

The crowd of around 2000 even had to pass through metal detectors to get in. (You know, because whenever you get to many Americans together, guns can’t be too far behind. . .).

The Germans loved Obama. I had heard recently that about 80% of Germans supported Obama. After last night I feel that number may be closer to 98%. Signs, t-shirts, buttons-- everyone was completely outfitted with the latest Obama fashion. It was almost creepily uniform for what was ostensibly a bipartisan event.

Earlier that evening, one of the news reporters bouncing around the halls of the school had asked me (in considerately slow German) if I had spoken to anyone who was voting for McCain.

“Nein,” I replied. She moved down the line with the same question and the others replied that they hadn’t either.

“No McCain supporters?” I thought. That was a bit much. I actually began to feel a bit sorry for him.

So I ended up wearing both an Obama button and a McCain button (Obama button slightly higher) in an attempt to be diplomatic and inclusive.

When people asked me what the hell I was doing, which happened incredibly frequently, I responded that I was an Obama supporter, but that I was practicing a “new kind” of politics.

Ha!

This was half joke and half real. Half joke because I’d love a filibuster proof Senate as much as anyone, and half real because I really was trying to give a polite nod to bipartisanship and cooperation.

We were getting dangerously close to becoming hundreds of group-thinkers, congratulating ourselves endlessly on our superior judgment and gloating about the utter domination that was about to take place. That tends to be a little alienating.

That’s why I loved the tone of Obama’s victory speech.

Howard Dean “Yee Haw!” it was not.

I thought about the worst thing that Obama could have done was to frame this election as the climactic end of a long struggle. Thankfully, he did the exact opposite.

Though his supporters were ecstatic and crying and drinking, he was sober (both meanings I think) and restrained and purposeful. While we were off giving high fives to this awesomely magical future paradise, he was reminding us that this kick-ass future we are imagining has yet to be created. George Bush might talk a lot about resolve, but last night Obama seemed to be the personification of it.

Plus he gave his daughters a puppy, which I thought that was a pretty cool and touching moment.

So here’s to a great speech that reminded us of the work that lies ahead. And here’s to a great night of American Democracy in action. And Here’s to gift-puppies, and to Obama, and most importantly, here’s to us—the engaged and committed electorate that will INSIST upon a better future. What the hell, why don't we just go ahead and start with health care?

As a wise man once said really, really recently:

"This victory alone is not the change we seek -- it is only the chance for us to make that change. And that cannot happen if we go back to the way things were. It cannot happen without you."

--Barack Obama, 44th President of the United States of America

The CAT'S Out of the Bag: CIA Interrogators Run Amok at Guantanamo

Tonight, I relax.

I just finished emailing my final brief of the year to my professor and boy does it feel good. It feels like I can finally sleep after having been denied it for days. . . like I have finally been allowed to sit after standing for hours. . . like I have finally stopped drowning. . .like the incessant blaring music has finally come to an end. . . like the questions have stopped. . . like the burlap sack has been removed from my head. . .like. . .

Well, you get the idea. The torture is over.

The issue of this brief? Whether the "enhanced interrogation techniques" (sleep deprivation, short shackling) that the CIA has been employing at Guantanamo Bay constitute torture.

I argued that they did. It was not a moral choice. If I had been assigned differently, I would have argued that they did not.

Just following orders.

Here's an executive summary of the assignment:

In 1984 countries across the land got together and agreed not torture people. I suppose at the time it was a novel concept. This agreement was called the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Torture was roughly defined as "inflicting severe physical or mental pain or suffering" on a detainee. A ton of countries, including the United States, signed on.

United States went home, and by 1992 had enacted its own statute, The Torture Statute (18 U.S.C. 2340), to implement its commitment to the CAT in domestic law. The language was virtually the same as the language found in the CAT.

Fast forward to circa 2003. In our fake case for class, a detainee who is about to be tortured (or if you prefer euphemisms: "enhancedly" interrogated), is suing the government and all of the officers who have signed off on these enhanced techniques for violating the statute.

Government says the claim is outrageous and they don't torture, and even if they use short shackling and sleep deprivation, that's not torture.

Therein lies the dispute.

And now to my main point of writing this blog. In the assignment, the detainee is suing people like John Yoo from the Office of Legal Counsel, William Haynes III the General Counsel to the Pentagon, and even Alberto Gonzalez when he was at the Department of Justice. But this might just be the tip of the iceberg.

It turns out, after last night's story on ABC NEWS, he could've been suing some other notable people as well: Dick Cheney, John Ashcroft, Condoleeza Rice, George Tenet, Donald Rumsfeld, and Colin Powell, all of whom signed off on the methods IN DETAIL.

Here's the story that came out yesterday about how all of these public officials sat down in a smoke-filled room in the basement of the White House and started brainstorming in a way I like to call "thinking outside the statute."

If you'd like to watch the story that aired on TV, feel free to go here.

Here's a bit that I found particularly disturbing:

"According to a top official, Ashcroft asked aloud after one meeting: 'Why are we talking about this in the White House? History will not judge this kindly.'"

How Nixonian. With statements like that, it's going to be pretty tough to make the argument that you had no idea that you might be doing something morally wrong or even breaking the law.

But I guess I'll worry about that later. For now, I'm done wrestling with this issue. All that research, all that time formatting and struggling, it might not have been torture, but it was certainly and enhanced amount of suffering.

And now I'm ready to relax.

I'm Back Baby!

Never have I felt better to hear a knock on my door than when the Fedex guy showed up tonight with my laptop.