Rice continued: "The United States does not transport, and has not transported, detainees from one country to another for the purpose of interrogation using torture. The United States does not use the airspace or the airports of any country for the purpose of transporting a detainee to a country where he or she will be tortured." But the German government was reported to have a list of 400 flights over European airspace for the purpose of renditions. And Amnesty International reports that there have been 800 such flights. Once again, Rice relies upon her own definition of "torture" to deny it.

She went on: "The United States has not transported anyone, and will not transport anyone, to a country when we believe he will be tortured. Where appropriate, the United States seeks assurances that transferred persons will not be tortured." In fact, the U.S. receives assurances from those countries that it would be unlikely that the suspects will be tortured, a technical loophole that provides for a washing of hands. Everybody on all sides understands that there will be torture, as there has been.

Rice's legal interpretations were authoritative, bland and bogus. It is hard to say whether they should be called Orwellian for their intentional falsity or Kafkaesque for their unintentional absurdity.

"International law allows a state to detain enemy combatants for the duration of hostilities," she said. But the administration has vitiated international law with its presidential findings. The "global war on terror" is a conflict without end; its time limit extends into perpetuity. So long as terror is used as a tactic, or the threat of terror exists, which it always does, a state of war, such as it is, justifies indefinite detention.

Then, Rice presented as the administration's position precisely the position it opposes: "Detainees may only be held for an extended period if the intelligence or other evidence against them has been carefully evaluated and supports a determination that detention is lawful. The U.S. does not seek to hold anyone for a period beyond what is necessary to evaluate the intelligence or other evidence against them, prevent further acts of terrorism, or hold them for legal proceedings." But the Bush administration has refused to place detainees within the criminal justice system. Instead, they have been kept in a legal limbo, denied the protections of both the U.S. justice system and the Geneva Conventions. The administration has hid "ghost detainees" from the International Red Cross. If the suspects are criminals, they have not been tried as criminals.

Rice cited two cases to make her point: Carlos the Jackal, the international terrorist captured in Sudan in 1994, and Ramzi Youssef, the 1993 World Trade Center bomber. But, unlike current detainees, both were put on public trial, Carlos in France, Youssef in the United States. And the European Commission on Human Rights issued a report that Carlos' rights were not violated. Both cases refuted in their particulars the larger argument Rice was making.

One case Rice did not cite was that of Ibn al-Shaykh al-Libi, a captured al-Qaida operative, whose claims about Saddam Hussein's possession of WMD were used by the administration to build the case for the Iraq war. "We've learned that Iraq has trained Al Qaeda members in bomb-making and poisons and deadly gases," President Bush said on Oct. 7, 2002, drawing on al-Libi's information. Al-Libi also provided the basis for a dramatic high point of Secretary of State Powell's U.N. speech: "the story of a senior terrorist operative telling how Iraq provided training in these weapons to Al Qaeda. Fortunately, this operative is now detained, and he has told his story. I will relate to you now, as he himself, described it." But al-Libi had been tortured and repeated to his interrogators what they had suggested to him. The Defense Intelligence Agency reported in February 2002 that al-Libi's information was dubious, and the CIA also questioned its credibility in a report in January 2003 -- both reports made before the war. Rice's various statements created a pandemonium across Europe that she tried to quiet with a clarification Wednesday in Ukraine. The policy she had just declared we did not follow she announced we would no longer pursue. "As a matter of U.S. policy, the United States' obligations under the CAT [U.N. Convention Against Torture], which prohibits cruel, inhumane and degrading treatment -- those obligations extend to U.S. personnel wherever they are, whether they are in the United States or outside of the United States," Rice said at a press conference with Ukrainian President Viktor Yushchenko.

Rice's erratic journey also raises the question of her own part in the policy. The Washington Post story on el-Masri reports that Rice intervened on the side of informing the German government, a disclosure that resulted in el-Masri's release. This fact suggests that Rice has a degree of authority and knowledge in the realm of detainees and "black sites."

Since 2003, Rice has repeatedly told representatives of Human Rights Watch and other similar organizations that the U.S. does not torture. There is no trail of memos tracing her involvement in the titanic struggle over U.S. torture policy between Powell and the senior military on one side and Dick Cheney, Donald Rumsfeld and John Ashcroft's Justice Department on the other. Was the national security advisor completely out of the loop? On Nov. 19., ABC News reported, "Current and former CIA officers tell ABC News there is a presidential finding, signed in 2002, by President Bush, Condoleezza Rice and then-Attorney General John Ashcroft, approving the [harsh interrogation] techniques, including waterboarding."

That technique has its origin in the Spanish Inquisition. Indeed, in 1490, a baptized Christian who was a secret Jew, a converso named Benito Garcia, was subjected to water torture. The process drew out of him a confession of the ritual murder of a Christian child by crucifixion to get his blood for a magic ceremony to halt the Inquisition and bring about Jewish control. The incident greatly helped whip up the fear that led to the expulsion of the Jews in 1492, as described by James Reston Jr. in his new book, "Dogs of God: Columbus, the Inquisition, and the Defeat of the Moors."

Since the Inquisition, the method of waterboarding has been little refined. But Rice, like Bush, says we did not and will not torture anymore.

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