Smooth Handling

Full Article >> "Undiplomatic Immunity" [Slate]

One thing that struck me about this piece was the writing style, which is first noticeable in the first paragraph. Another example from later on of the writing style:

Sen. Lindsay Graham is the lone Republican to blast Gonzales. His boyish face comes paired with a kindergartner's hyperactivity, as he impatiently rocks his chair while waiting for his turn. During Gonzales' answers to others' questioning, Graham sometimes wears a look of confusion mingled with disgust.

To me the piece also makes a number of good points and well noted observations - such as the minute observation above about one of the Committee member's body language. It suggests, one that the writer had an eye for detail, and that Gonzales would not give a straight forward answer (as the article's photo caption implicates).

Then comes the question of the day: "Now, as attorney general, would you believe the president has the authority to exercise a commander-in-chief override and immunize acts of torture?" Leahy asks. That's "a hypothetical that's never going to occur," Gonzales says, because we don't torture people. He continues, "This president has said we're not going to engage in torture under any circumstances, and therefore that portion of the opinion was unnecessary and was the reason that we asked that that portion be withdrawn." Translation: Yes, I think the president has the legal authority to immunize acts of torture, but he doesn't want to, so I'm not going to bother with defending the idea.

Pressed for an answer, Gonzales concedes, "I do believe there may come an occasion when the Congress might pass a statute that the president may view as unconstitutional," and therefore the president may ignore it. That's a general statement of principle, Leahy says, but I'm asking a specific question. Can the president immunize torture? Gonzales retreats to the that's-hypothetical-and-it's-not-gonna-happen defense.

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This is a government of good men, Gonzales implicitly assured the senators, so there's no need to worry about legal hypotheticals like whether torture is always verboten. Don't worry, because we don't do it. It's a strange argument from a conservative: We're the government. Trust us.