"The central question that emerges . . . is whether the White community in the South is entitled to take such measures as are necessary to prevail, politically and culturally, in areas in which it does not prevail numerically? The sobering answer is Yes – the White community is so entitled because, for the time being, it is the advanced race. It is not easy, and it is unpleasant, to adduce statistics evidencing the cultural superiority of White over Negro: but it is a fact that obtrudes, one that cannot be hidden by ever-so-busy egalitarians and anthropologists."
"National Review believes that the South's premises are correct. . . . It is more important for the community, anywhere in the world, to affirm and live by civilized standards, than to bow to the demands of the numerical majority."

This torture of top al-Qaida leaders may also cause problems for the government were there to be a trial for the alleged "dirty bomber" Jose Padilla. The tip that led to Padilla's initial detention on a material witness warrant in May 2002 came from intensive CIA interrogations of Zubaida, a close associate of Osama Bin Laden. In December 2003, the 2nd Circuit Court of Appeals ordered that Padilla be released from military custody and either charged in federal court or released. However, any prosecution of Padilla could be very problematic for the government, because the case for his guilt rests mostly (if not entirely) on secret interrogations of al-Qaida leaders, which now appear to have involved torture. If a criminal case is ever brought against Padilla, his lawyers are sure to challenge this crucial evidence on a number of grounds, including reliability and the fact that it was procured with torture in a way that "shocks the conscience."

Michael Isikoff's brief item in Newsweek about how a high-ranking Qaeda detainee, a key source for the administration's alleged ties between Saddam Hussein and Osama bin Laden, has changed his story:

The apparent recantation of Ibn al-Shaykh al-Libi, a onetime member of bin Laden's inner circle, has never been publicly acknowledged. But U.S. intelligence officials tell NEWSWEEK that al-Libi was a crucial source for one of the more dramatic assertions made by President George W. Bush and his top aides: that Iraq had provided training in "poisons and deadly gases" for Al Qaeda. Al-Libi, who once ran one of bin Laden's biggest training camps, was captured in Pakistan in November 2001 and soon began talking to CIA interrogators. Although he never mentioned his name, Secretary of State Colin Powell prominently referred to al-Libi's claims in his February 2003 speech to the United Nations; he recounted how a "senior terrorist operative" said Qaeda leaders were frustrated by their inability to make chemical or biological agents in Afghanistan and turned for help to Iraq. ...

But more recently, sources said, U.S. interrogators went back to al-Libi with new evidence from other detainees that cast doubt on his claims. Al-Libi "subsequently recounted a different story," said one U.S. official. "It's not clear which version is correct. We are still sorting this out." Some officials now suspect that al-Libi, facing aggressive interrogation techniques, had previously said what U.S. officials wanted to hear. In any case, the cloud over his story explains why administration officials have made no mention of the "poisons and gases" claim for some time and did not more forcefully challenge the recent findings of the 9-11 Commission that Al Qaeda and Iraq had not forged a "collaborative relationship."

...A reason for that silence is perhaps given by an anonymous Bush official quoted by Isikoff:

But officials acknowledge ultimate proof may prove elusive. "It all depends on what your definition of a relationship is," said one.

Scalia's dissent in Hamdi v. Rumsfeld suggests he would be a fifth vote for the Padilla dissent's position on the merits. He says that, unless the government suspends the writ of habeas corpus (which it has not done), the government must charge a citizen it is holding with a crime. It cannot detain a citizen without charging him. He ends this part of his dissent by noting:

Absent suspension of the writ, a citizen held where the courts are open is entitled either to criminal trial or to a judicial decree requiring his release.

He notes that this would apply to Hamdi and Padilla (because both are U.S. citizens). And he ends his dissent by saying:

Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis-—that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it.

Whether respondent is entitled to immediate release is a question that reasonable jurists may answer in different ways. There is, however, only one possible answer to the question whether he is entitled to a hearing on the justification for his detention.

At stake in this case is nothing less than the essence of a free society. Even more important than the method of selecting the people's rulers and their successors is the character of the constraints imposed on the Executive by the rule of law. Unconstrained Executive detention for the purpose of investigating and preventing subversive activity is the hallmark of the Star Chamber. Access to counsel for the purpose of protecting the citizen from official mistakes and mistreatment is the hallmark of due process.

Has there ever, in the four months since it broke, been a refutation of, an official response to, or even a developed conservative talking point on the story that Pentagon plans to take out Zarqawi before the Iraq war were vetoed by the White House, because Zarqawi was more convenient as a living terrorist in Iraq who could help justify the war? (See long-ago posts from Mark Kleiman and Kevin Drum, and this follow-up from Fred Kaplan in Slate. Kevin and Brad DeLong have both made efforts to keep the story alive, to no great avail.)

"I would not have voted for [President Bush's] tax cut, based on what I know. . . . There is no doubt that the people at the top who need a tax break the least will get the most benefit. . . . Too often presidents do things that don't end up helping the people they should be helping, and their staffs won't tell them their actions stink on ice."

-- Former senator Jesse Helms (R-N.C.), in a recent interview with Business North Carolina magazine. (Washington Post via atrios)

The insurgency took root during the occupation's first few months, when the Coalition Provisional Authority seemed oddly disengaged from the problems of postwar anarchy. But what was Paul Bremer III, the head of the C.P.A., focused on? According to a Washington Post reporter who shared a flight with him last June, "Bremer discussed the need to privatize government-run factories with such fervor that his voice cut through the din of the cargo hold."

Plans for privatization were eventually put on hold. But as he prepared to leave Iraq, Mr. Bremer listed reduced tax rates, reduced tariffs and the liberalization of foreign-investment laws as among his major accomplishments. Insurgents are blowing up pipelines and police stations, geysers of sewage are erupting from the streets, and the electricity is off most of the time — but we've given Iraq the gift of supply-side economics
...
Let's say the obvious. By making Iraq a playground for right-wing economic theorists, an employment agency for friends and family, and a source of lucrative contracts for corporate donors, the administration did terrorist recruiters a very big favor. (link)