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June 09, 2004
Means and Ends

A few days ago, Winds of Change posted one of its regular "Sufi Wisdom" parables, and invited comment. I spotted it a bit too late to get in on the discussion, but it spurred me to write about a point I'd been meaning to make for a while. The parable:

"Mulla Nasruddin is about to engage in litigation. He says to his lawyer: 'If I sent the judge 100 gold pieces, what effect would that have on the ruling of my case?'

The lawyer is horrified. 'You do that,' he says, 'and he'll find against you for sure - you might even be arrested for attempted bribery!'

- 'Are you sure?'

'Quite sure, I know that judge!'

The case was heard, and the Mulla won.

'Well,' said the lawyer, 'you did get justice after all, you can't deny that...

'Mind you, said Nasruddin, 'the gold pieces also helped...'

'You mean you actually sent the judge money?' howled the lawyer.

'Oh yes,' said Mulla Nasruddin - 'but of course, I sent the gold in the other man's name!"

In the comments, AST opines:
What do you do when you have a dishonest judge? Do you present your case honestly relying on the judge to do the right thing, keeping your own integrity, but possibly losing your case? Do you decide that the court is not an arena where honesty and integrity are as important as is commonly assumed?
Nasruddin seemed to believe that whatever the merits of his case may be, they were insufficient to guarantee an outcome in his favor. Did he believe the judge was dishonest? It seems unlikely--the story makes a point of demonstrating that anyone attempting to bribe him will fail and suffer consequences. Did he not believe his cause was just? This is possible--we are not given any indication in the story as to who was in the right, only who won. They are, obviously, not always the same thing. Perhaps he was in the right after all, but felt it necessary to do whatever it took to ensure he won, regardless of whether the means were moral.

When I first read this parable, I found myself thinking of the case the Bush administration made for the invasion of Iraq. Then I read this line by AST, and the reason for this otherwise incongruent bit of mental association crystallized.

That Saddam Hussein is no longer in control of Iraq is an indisputable Good Thing. That invasion of Iraq was necessary in order to accomplish this is a questionable but not unreasonable position. That Iraq, at some point, still had WMD-related program activities is a fact. That it was a threat sufficient to require us to invade is an opinion that is reasonable, but debatable.

The Bush Administration, for whatever reason, judged that the merits of their case were insufficient to guarantee the outcome they desired. Perhaps they felt they had a dishonest judge (the UN). Perhaps they felt that Americans would not support the invasion if given an honest and open evaluation of the facts. We can conjecture, and such conjectures will always be flavored by our own partisan predilections, but any serious examination of the facts and the administration's public statements reveals that they deceived the American people to get the outcome they desired. This does not invalidate the good that has been accomplished, and should our policies result in a stable and democratic Iraq, they deserve credit for that.

But in seeking what is arguably a noble end, they engaged in a systematic deception of the American people, and indeed, the world.

We also now find new evidence to suggest that they condone pushing the envelope of what is considered torture--or simply of what they can get away with in the pursuit of extracting intelligence:

In the Justice Department's view -- contained in a 50-page document signed by Assistant Attorney General Jay S. Bybee and obtained by The Washington Post -- inflicting moderate or fleeting pain does not necessarily constitute torture. Torture, the memo says, "must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.
You can read a partial text of the memo here. Tacitus asks some important questions in very plain language. The incomparable Billmon has some excellent analysis and a collection of links for your further edification.

First of all, let's get one thing out in the open: the memo is genuine. Nobody in the Bush administration has disputed that.

This memo, by itself, is not enough to bury the Bush administration, or anyone in it. This is a draft memo presenting a legal opinion, not a statement of policy. But take it in context, and compare it with the other facts available: the record of abuses in Iraq and Afghanistan; the Bush administration's arguments in favor of holding "enemy combatants" indefinitely; the rendering of suspects (innocent and otherwise) to countries which use torture in order to get around the law; the dishonest, shifting, and often contradictory justifications offered for invading Iraq; the intimidation, threats, and bending of House rules to pass the Medicare bill... and a whole host of issues (such as Florida voting irregularities) which I decline to offer as examples because the facts are sufficiently under contention.

Some would argue that these are not in any way related. I disagree. Taken in context, they reveal an unmistakable pattern: the Bush administration apparently believes that the legality, ethics, and morality of the means to their ends are irrelevant except as a component of risk/benefit analysis.

One of my favorite authors, Daniel Keys Moran, wrote to me and in one of his books that killing is wrong--that even when it's necessary, it's wrong. When you kill, he wrote, you "remove a possibility from the world". I believe that there are some acts which, regardless of necessity or justification or circumstance, rip something away from the soul of the actor. Something which, once lost, can never be regained. The methodical, deliberate torture of another living creature is one such thing. And if human beings can be said to have souls, so can nation-states--for the soul of a nation is its sense of national identity, its raison d'etre, its ideals and driving purpose.

The Holy Trinity of our nation, the three documents which most embody our national soul, are the Declaration of Independence, the Constitution, and the Bill of Rights. In declaring independence from the tyranny of King George, our forefathers famously wrote that "all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." They did not write that "all men of these colonies" are endowed with these rights. Their visionary belief was that equality and these "unalienable rights" were the birthright of all men. We strive to embody those principles in our laws and actions--sometimes successfully, and sometimes not--not because they are written in the Constitution, or because of an oath to serve it, but because they are right.

The Bill of Rights, Geneva Conventions, Torture Convention, and relevant portions of the UCMJ were all written in that same spirit: a recognition that some rights, dignities, and notions of right and wrong were and should be universal amongst all mankind. That there are some things you simply don't do. The Bush administration demostrates a consistent pattern of using means which defile the spirit and soul of America--and indeed, of civilized nations of laws.

UPDATE: Billmon has a new post up on the Bush administration's torture issue. There's too much to except. Read it all.

And another: Kevin Drum asks some very good questions and makes some excellent points. Among them, the Pot and Kettle angle:

There is also something about the present circumstances that makes this even more egregious than usual. We spent a lot of time before the Iraq War rightly condemning Saddam Hussein for his use of torture, and this makes it even more repugnant than otherwise to find out that we're employing some of the same methods.
And the bottom line:
Rather, I want to get to the hard, moral core of this issue: namely that routine state sponsored torture of prisoners is a barbaric practice — more barbaric than almost anything else we can think of — and that tolerating it does indeed put the current administration in a class by itself. This post, however, isn't a thorough defense of that thesis, merely a few notes in that direction. Comments are welcome.
Link-rich environment. Read it all.

Posted by Catsy at 08:21 AM | Comments (1) | TrackBack (0)
Comments:

I'm not going to comment on the torture part of this essay, as saying "what he said" is hardly grounds for a discussion.

But about the parable? A truly honest judge would send the bribe back, and then hear the facts of the case fairly, instead of automatically judging against the person sending the bribe. In this parable, it's shown that the one supposedly doing the bribing isn't necessarily the wrongdoer, and if the judge is suspected of being that much of a hard case, he's just shown a weakness in his (forgive the phrase!) fairness and impartiality.

Early morning thoughts, slightly incoherent.

Posted by: bayushi at June 9, 2004 10:19 AM