That’ll be your “least read” Canadian news story for April 24th, 2009 . Why do I say “least”? Because this is the only place you’ll find it.

The Fiscal Monitor for February 2009 was released today.

HERE  to read the 34 comments at posting

 Also:

Is There Nothing That Obama Can’t Do?

Empty suit for new job at Harvard Law Review – $500

Voting “present” 130 times as state senator – $58,000 a year

Lifting security verification to receive untracable online donations – $30+ million a month

Appointing himself CEO of Mastercard – PRICELESS 

HERE to read the 39 comments recorded at posting

Both postings from the Canadian blog from Saskatchewan run by Kate McMillan above beat out the best the US could produce to win the Weblog 2008 Best Conservative Blog. Kate was the only Canadian in the competition.
The self employed commercial artist and mensa member also won the entire Best Canadian Blog in 2007.
From her website Small Dead Animals:

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Disruption vs. Prosecution and the Manchester Plot
April 22, 2009

By Fred Burton and Scott Stewart

On April 8, British authorities mounted a series of raids in Merseyside, Manchester and Lancashire that resulted in the arrest of 12 men suspected of being involved in a plot to conduct attacks over the Easter holiday weekend. In a press conference the following day, Prime Minister Gordon Brown noted that the men arrested were allegedly involved in “a very big terrorist plot.” British authorities have alleged that those arrested sought to conduct suicide bombing attacks against a list of soft targets that included shopping centers, a train station and a nightclub.

The searches and arrests targeting the suspects purportedly involved in the plot, which was dubbed Operation Pathway, had to be accelerated after Bob Quick, the assistant commissioner of the Metropolitan Police in charge of terrorism investigations, inadvertently allowed reporters to see a classified document pertaining to the operation as he was entering 10 Downing Street to brief Brown and Home Secretary Jacqui Smith on April 8. An embarrassed Quick resigned April 9 over the gaffe.

In spite of the leak, the British authorities were successful in detaining all of the targeted suspects, though the authorities have reportedly not been able to recover explosive material or other bomb-making evidence they were seeking. British authorities arrested 12 suspects, 11 of whom were Pakistani citizens. Smith told British Parliament on April 20 that all 11 of the Pakistani nationals entered the United Kingdom on student visas. The youngest of the Pakistani suspects, who is reportedly still a teenager, was remanded to the custody of British immigration authorities to face deportation proceedings April 9. The rest of the 11 suspects were released by British authorities April 21, though ten reportedly were placed in the custody of immigration officials.

Many of the specific details of the plot have not yet come out, and due to the sensitive nature of the intelligence sources and methods involved in these types of investigations, more details may never be fully divulged now that there will be no criminal trial. However, when viewed in the historical and tactical context of other terror plots and attacks (in the United Kingdom and elsewhere), there are some very interesting conclusions that can be drawn from this series of events and the few facts that have been released to the public so far.

This case also highlights the tension that exists within the counterterrorism community between advocates of strategies to disrupt terrorist attacks and those who want to ensure that terror suspects can be convicted in a court of law.

Targets
Among of the most significant things that have come to light so far regarding the thwarted plot are the alleged targets. According to press reports, the British MI5 surveillance teams assigned to monitor the activities of the purported plotters observed some of them videotaping themselves outside of the Arndale and Trafford shopping centers in Manchester, as well as at St. Ann’s Square, which lies in the center of Manchester’s main shopping district. Other reports suggest that the plotters had also conducted surveillance of Manchester’s Piccadilly train station, an intercity train station that is one of the busiest in the United Kingdom outside London, and Manchester’s Birdcage nightclub.

These targets are significant for several reasons. First, they are all soft targets — that is, targets with very little security. As STRATFOR has pointed out for several years now, since counterterrorism efforts have been stepped up in the wake of the 9/11 attacks, and as the tactical capability of groups like al Qaeda has been degraded, jihadist operatives have had less success targeting hardened targets and have turned instead to striking soft targets.

While authorities have moved to protect high-value targets, there simply are far too many potential targets to protect them all. Governments are stretched thin just trying to protect important government buildings, bridges, dams, nuclear power plants, airports and mass-transit systems in their jurisdiction. The reality on the ground is that there are not nearly enough resources to protect them all, much less every potential location where people concentrate in large groups — like shopping centers and nightclubs. This means that some targets are unprotected and are therefore, by definition, soft.

The selection of soft targets in this case indicates that the alleged Manchester plotters did not possess the operational capability to strike more strategic, high-value targets. While attacks against soft targets can be tragic and quite bloody, they will not have the same effect as a successful attack on high-value targets such as Parliament, the London Stock Exchange or a nuclear power station.

It is also very interesting that the plotters were purportedly looking to hit soft targets in Manchester and not soft targets in London. London, as the capital and a city that has been the center of several plots and attacks, is generally on a higher alert than the rest of the country and therefore would likely be seen as more difficult to target. Additionally, many of the suspects lived in the Manchester area, and as we have previously discussed, grassroots operatives, who are not as well-trained as their transnational brethren, tend to “think globally and act locally,” meaning that they tend to plan their attacks in familiar places where they are comfortable operating, rather than in strange and potentially more hostile environment.

In addition to targeting locations like shopping centers and the train station, where there were expected to be large crowds over the holiday weekend, the alleged plotters also apparently looked at the Birdcage nightclub, an establishment that is famous for its “flamboyant and spectacular” shows featuring female impersonators. This is a location the alleged plotters likely considered a symbol of Western decadence (like establishments that serve alcohol in Muslim countries).

Flawed Tradecraft
As noted above, the alleged plotters had been under surveillance by MI5. This indicates that their operational security had been compromised, either via human or technical means. Furthermore, the suspects did not appear to possess any surveillance detection capability — or even much situational awareness — as they went out into Manchester to conduct pre-operational surveillance of potential targets while under government surveillance themselves. Furthermore, the suspects’ surveillance techniques appear to have been very rudimentary in that they lacked both cover for action and cover for status while conducting their surveillance operations.

This aspect of the investigation reinforces two very important points that STRATFOR has been making for some time now. First, most militant groups do not provide very good surveillance training and as a result, poor surveillance tradecraft has long proven to be an Achilles’ heel for militants. Second, because of this weakness, countersurveillance operations can be very effective at catching militant operatives when they are most vulnerable — during the surveillance phase of the terrorist attack cycle.

Media reports indicated that during Operation Pathway, British authorities intercepted a series of Internet exchanges between the suspects suggested a terror strike was imminent. Furthermore, among the locations raided April 8 was the Cyber Net Cafe in Cheetham Hill, an establishment where British authorities observed the suspects using computers to communicate. Not only is this electronic surveillance significant in that it allowed the authorities to surmise the approximate timing of the attack, but perhaps just as important, this ability to monitor the suspects’ communications will allow the authorities to identify other militants in the United Kingdom and beyond.

Indeed, in several previous cases related to the United Kingdom, such as the investigations involving the U.S. arrest of Mohammed Junaid Babar and the U.K. arrest of Younis Tsouli, authorities were able to use communications from militant suspects to identify and roll up militant cells in other countries. Therefore, we will not be at all surprised to hear at some point in the future that British authorities were be able use the communications of the recently arrested suspects to tip off authorities in the United States, Canada, other European countries or elsewhere about the militant activities of people the suspects were in contact with.

Links to Pakistan
And speaking of elsewhere, as noted above, 11 of the arrested suspects were Pakistani nationals who entered the U.K. on student visas. At this point it is not exactly clear if the British believe the 11 suspects were radical militants specifically sent to the United Kingdom to conduct attacks or if they arrived without malicious intent and were then radicalized in the Petri dish of Islamist extremism that so rapidly replicates inside the British Muslim community — what we have come to refer to as Londonistan.

Many British lawmakers and media reports have made a huge issue out of the fact that 11 of the alleged plotters entered the United Kingdom on student visas, but even if the suspects were radicals who used student visas as a way to enter the United Kingdom, this is by no means a new tactic as some are reporting. STRATFOR has long discussed the use of student visas, bogus political asylum claims and other forms of immigration fraud that have commonly been used by militants. In fact, there have been numerous prior examples of jihadist operatives using student visas, such as the following:

While Sept. 11 hijackers Mohamed Atta and Marwan al-Shehhi initially entered the United States on tourist visas, they were approved for M-1 student visas shortly before carrying out their attacks.
Youssef Samir Megahed, who was arrested in possession of an improvised explosive device (IED) in August 2007 and later sentenced to a 15-year prison sentence, was a Kuwaiti engineering student who entered the United States on a student visa.
Mohammed Aatique, a convicted member of the “Virginia Jihad Network” who was sentenced to 10 years in prison for conspiracy and weapons violations, also entered the United States from Pakistan as an engineering student.
In some ways, connections between the alleged plotters and militant groups in Pakistan such as al Qaeda or the Tehrik-i-Taliban Pakistan (TTP) would be more analytically significant than if they turn out to be grassroots operatives. The operational security, skills and terrorist tradecraft exhibited by the plotters are about what one would expect to see in a grassroots militant organization. This level of sophistication is, however, far less than one would expect from a transnational organization. Therefore, if this was an al Qaeda operation, it shows how far the group has fallen in the past eight years. If it was the TTP, it means that our previous estimate of their operational ability outside of Pakistan was fairly accurate.

Lack of Evidence
To date, the British authorities have not been able to find the explosive material and IED components they were expecting to find. This might mean that the materials may still be hidden somewhere and could be used in a future attack. It is also quite possible, and perhaps more likely, that this lack of evidence is an indication that the plot was not quite as far along as the British authorities believed. Perhaps the references the suspects allegedly made to launching the attack on a bank holiday pertained to a holiday later in the year.

While the plot as described by the British authorities would not have been a significant, strategic threat to the United Kingdom, it could have been quite deadly and could very well have surpassed the July 7, 2005, attacks in terms of final body count. Because of this potential destruction, it is quite possible that the British government decided to err on the side of disruption rather than on the side of prosecution. This is something we have seen in the investigation of several other plots in recent years in the United Kingdom and elsewhere, perhaps most notably in the August 2006 Heathrow plot, in which a cell of operatives was preparing to bomb a series of trans-Atlantic airline flights using liquid explosives.

It is much more difficult to obtain a conviction for a conspiracy to commit an act of terrorism than it is to obtain a conviction for an attack that was successfully conducted. Once the attack is executed, there is no longer much room to wrangle in court over things such as intent or capability. Governments also frequently know things via intelligence they cannot prove to the standards required for a conviction in a court of law.

This was seen in the Heathrow case, where only three of the eight suspects were convicted of the main charges during that trial, which ended in September 2008. (The other five suspects had pled guilty to lesser charges.) During that case there was reportedly some tension between the U.S. and British authorities over when to wrap up the Heathrow plotters — some of the British apparently wanted to wait a while longer to secure more damning evidence, while the Americans were reportedly more interested in ensuring that the plot was disrupted than they were in obtaining convictions. It is likely the same dynamic was at play during the investigation of the Manchester case.

Although Quick’s disclosure did hasten the launch of Operation Pathway by a few hours, it did not significantly alter the timing of the investigation — the British authorities were preparing to execute an array of searches and arrests. From an ethical standpoint (and, not insignificantly in this day and age, a political aspect) it is deemed better by many to disrupt a plot early and risk the terror suspects being acquitted than it is to accidentally allow them to conduct an attack while waiting to gather the evidence required for an ironclad court case. Disruption can have an impact on the success of prosecutions, but in the eyes of a growing number of policymakers, that impact is offset by the lives it saves.

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Article contributed by www.stratfor.com

When renewable is not renewable

It is a silly argument, but environmental politics tends to provoke silly arguments. Of course, hydroelectricity is “renewable.” How could it not be? The power of the sun lifts water from the sea and deposits it as snow in our mountains, where it is stored until released in the warmth of spring. A small fraction of that enormous energy is captured by our turbines and converted to electricity. It happens over and over again, year after year, renewed solely by force of nature, with minimal human intervention, without burning anything, with less greenhouse gas emitted than from a pack of exhaling legislators after a floor debate.

And yet, as it now stands, the Washington Senate says hydropower is not renewable. The House says it is and some environmentalists agree temporarily, even though they believe the law should say it isn’t, because if all renewable power is called “renewable” then we would not invest in “renewables.”

Environmental goals require denial of reality. Under current state and federal law, hydropower captured by our Northwest dams is not “renewable” even if it obviously is, because calling it what it is would counteract efforts to force the Northwest’s electric ratepayers to buy sources of energy in current environmental favor. These sources are notable for their expense and inefficiency, unlikely to attract much investment absent government mandates and subsidies.

It was in 2006 voters approved Initiative 937, which said that all Washington utilities with more than 25,000 customers must obtain 15 percent of their power from “renewable” sources by 2020. But “renewable” was given an intentionally narrow definition. Hydropower, which provides 70 percent of the state’s electricity, was deliberately excluded, except for a bit of added power obtained by recent improvements in dam equipment and operations. If the obviously renewable hydropower was included, then virtually every utility in the region would meet the renewable standard without trying. Since the purpose of the initiative was to force investment in windmills and solar panels, this would not do.

More than two years have passed and it is now possible for the Legislature to amend the initiative. The Senate debated the issue intently, passing SB 5840, which adds some flexibility to the renewable standards. It did not add hydropower, but gave utilities options, like allowing new exotic sources or purchasing renewable power generated in another state. In exchange, it increased the required percentage of renewables slightly.

The bill was in constant flux from the beginning, support waxing or waning depending on current moods and strategies. Then in the House, an amendment was passed declaring hydroelectricity be included in the definition of “renewable.” This change was long sought by conservatives and many utilities, who want to call hydroelectricity what it is — a green source of power. But the amendment passed because environmentally oriented liberals said they wanted the amendment as a “poison pill” — call hydropower renewable, and it automatically makes the bill unacceptable and is likely to kill it in any form not acceptable to the promoters of the narrowest possible definition of “renewable.” The bill now goes to a House-Senate conference committee to resolve the differences, where the hydro-is-renewable amendment is likely to be erased and the bill massaged again to emerge for a yes-or-no vote.

Hydropower is obviously renewable, but calling it that is legislative poison. The state cannot allow semantics to interfere with the effort to cover the plains and bluffs of Eastern Washington with sometimes-turning windmills, intermittently making expensive power that, given a choice, we would neither want nor need. All the while, nearly three-quarters of our electricity will be supplied by falling water. Some people will call it what it is.

Tracy Warner’s column appears Tuesday through Friday. He can be reached at warner@wenworld.com or 665-1163.

It is a silly argument, but environmental politics tends to provoke silly arguments. Of course, hydroelectricity is “renewable.” How could it not be? The power of the sun lifts water from the sea and deposits it as snow in our mountains, where it is stored until released in the warmth of spring. A small fraction of that enormous energy is captured by our turbines and converted to electricity. It happens over and over again, year after year, renewed solely by force of nature, with minimal human intervention, without burning anything, with less greenhouse gas emitted than from a pack of exhaling legislators after a floor debate.

And yet, as it now stands, the Washington Senate says hydropower is not renewable. The House says it is and some environmentalists agree temporarily, even though they believe the law should say it isn’t, because if all renewable power is called “renewable” then we would not invest in “renewables.”

Environmental goals require denial of reality. Under current state and federal law, hydropower captured by our Northwest dams is not “renewable” even if it obviously is, because calling it what it is would counteract efforts to force the Northwest’s electric ratepayers to buy sources of energy in current environmental favor. These sources are notable for their expense and inefficiency, unlikely to attract much investment absent government mandates and subsidies.

It was in 2006 voters approved Initiative 937, which said that all Washington utilities with more than 25,000 customers must obtain 15 percent of their power from “renewable” sources by 2020. But “renewable” was given an intentionally narrow definition. Hydropower, which provides 70 percent of the state’s electricity, was deliberately excluded, except for a bit of added power obtained by recent improvements in dam equipment and operations. If the obviously renewable hydropower was included, then virtually every utility in the region would meet the renewable standard without trying. Since the purpose of the initiative was to force investment in windmills and solar panels, this would not do.

More than two years have passed and it is now possible for the Legislature to amend the initiative. The Senate debated the issue intently, passing SB 5840, which adds some flexibility to the renewable standards. It did not add hydropower, but gave utilities options, like allowing new exotic sources or purchasing renewable power generated in another state. In exchange, it increased the required percentage of renewables slightly.

The bill was in constant flux from the beginning, support waxing or waning depending on current moods and strategies. Then in the House, an amendment was passed declaring hydroelectricity be included in the definition of “renewable.” This change was long sought by conservatives and many utilities, who want to call hydroelectricity what it is — a green source of power. But the amendment passed because environmentally oriented liberals said they wanted the amendment as a “poison pill” — call hydropower renewable, and it automatically makes the bill unacceptable and is likely to kill it in any form not acceptable to the promoters of the narrowest possible definition of “renewable.” The bill now goes to a House-Senate conference committee to resolve the differences, where the hydro-is-renewable amendment is likely to be erased and the bill massaged again to emerge for a yes-or-no vote.

Hydropower is obviously renewable, but calling it that is legislative poison. The state cannot allow semantics to interfere with the effort to cover the plains and bluffs of Eastern Washington with sometimes-turning windmills, intermittently making expensive power that, given a choice, we would neither want nor need. All the while, nearly three-quarters of our electricity will be supplied by falling water. Some people will call it what it is.

Tracy Warner’s column appears Tuesday through Friday. He can be reached at warner@wenworld.com or 665-1163.

This article was searched out and  posted in Kate McMillan’s Small Dead Animals Blog,  voted Best Canadina Blog in 2007 the Weblog Awards.

The Obama administration published a series of memoranda on torture issuedunder the Bush administration. The memoranda, most of which dated from the period after 9/11, authorized measures including depriving prisoners of solid food, having them stand shackled and in uncomfortable positions, leaving them in cold cells with inadequate clothing, slapping their heads and/or abdomens, and telling them that their families might be harmed if they didn’t cooperate with their interrogators.

On the scale of human cruelty, these actions do not rise anywhere near the top. At the same time, anyone who thinks that being placed without food in a freezing cell subject to random mild beatings — all while being told that your family might be joining you — isn’t agonizing clearly lacks imagination. The treatment of detainees could have been worse. It was terrible nonetheless.

Torture and the Intelligence Gap
But torture is meant to be terrible, and we must judge the torturer in the context of his own desperation. In the wake of 9/11, anyone who wasn’t terrified was not in touch with reality. We know several people who now are quite blasé about 9/11. Unfortunately for them, we knew them in the months after, and they were not nearly as composed then as they are now.

Sept. 11 was terrifying for one main reason: We had little idea about al Qaeda’s capabilities. It was a very reasonable assumption that other al Qaeda cells were operating in the United States and that any day might bring follow-on attacks. (Especially given the group’s reputation for one-two attacks.) We still remember our first flight after 9/11, looking at our fellow passengers, planning what we would do if one of them moved. Every time a passenger visited the lavatory, one could see the tensions soar.

And while Sept. 11 was frightening enough, there were ample fears that al Qaeda had secured a “suitcase bomb” and that a nuclear attack on a major U.S. city could come at any moment. For individuals, such an attack was simply another possibility. We remember staying at a hotel in Washington close to the White House and realizing that we were at ground zero — and imagining what the next moment might be like. For the government, however, the problem was having scraps of intelligence indicating that al Qaeda might have a nuclear weapon, but not having any way of telling whether those scraps had any value. The president and vice president accordingly were continually kept at different locations, and not for any frivolous reason.

This lack of intelligence led directly to the most extreme fears, which in turn led to extreme measures. Washington simply did not know very much about al Qaeda and its capabilities and intentions in the United States. A lack of knowledge forces people to think of worst-case scenarios. In the absence of intelligence to the contrary after 9/11, the only reasonable assumption was that al Qaeda was planning more — and perhaps worse — attacks.

Collecting intelligence rapidly became the highest national priority. Given the genuine and reasonable fears, no action in pursuit of intelligence was out of the question, so long as it promised quick answers. This led to the authorization of torture, among other things. Torture offered a rapid means to accumulate intelligence, or at least — given the time lag on other means — it was something that had to be tried.

Torture and the Moral Question
And this raises the moral question. The United States is a moral project: its Declaration of Independence and Constitution state that. The president takes an oath to preserve, protect and defend the Constitution from all enemies foreign and domestic. The Constitution does not speak to the question of torture of non-citizens, but it implies an abhorrence of rights violations (at least for citizens). But the Declaration of Independence contains the phrase, “a decent respect for the opinions of mankind.” This indicates that world opinion matters.

At the same time, the president is sworn to protect the Constitution. In practical terms, this means protecting the physical security of the United States “against all enemies, foreign and domestic.” Protecting the principles of the declaration and the Constitution are meaningless without regime preservation and defending the nation.

While this all makes for an interesting seminar in political philosophy, presidents — and others who have taken the same oath — do not have the luxury of the contemplative life. They must act on their oaths, and inaction is an action. Former U.S. President George W. Bush knew that he did not know the threat, and that in order to carry out his oath, he needed very rapidly to find out the threat. He could not know that torture would work, but he clearly did not feel that he had the right to avoid it.

Consider this example. Assume you knew that a certain individual knew the location of a nuclear device planted in an American city. The device would kill hundreds of thousands of Americans, but he individual refused to divulge the information. Would anyone who had sworn the oath have the right not to torture the individual? Torture might or might not work, but either way, would it be moral to protect the individual’s rights while allowing hundreds of thousands to die? It would seem that in this case, torture is a moral imperative; the rights of the one with the information cannot transcend the life of a city.

Torture in the Real World
But here is the problem: You would not find yourself in this situation. Knowing a bomb had been planted, knowing who knew that the bomb had been planted, and needing only to apply torture to extract this information is not how the real world works. Post-9/11, the United States knew much less about the extent of the threat from al Qaeda. This hypothetical sort of torture was not the issue.

Discrete information was not needed, but situational awareness. The United States did not know what it needed to know, it did not know who was of value and who wasn’t, and it did not know how much time it had. Torture thus was not a precise solution to a specific problem: It became an intelligence-gathering technique. The nature of the problem the United States faced forced it into indiscriminate intelligence gathering. When you don’t know what you need to know, you cast a wide net. And when torture is included in the mix, it is cast wide as well. In such a case, you know you will be following many false leads — and when you carry torture with you, you will be torturing people with little to tell you. Moreover, torture applied by anyone other than well-trained, experienced personnel (who are in exceptionally short supply) will only compound these problems, and make the practice less productive.

Defenders of torture frequently seem to believe that the person in custody is known to have valuable information, and that this information must be forced out of him. His possession of the information is proof of his guilt. The problem is that unless you have excellent intelligence to begin with, you will become engaged in developing baseline intelligence, and the person you are torturing may well know nothing at all. Torture thus becomes not only a waste of time and a violation of decency, it actually undermines good intelligence. After a while, scooping up suspects in a dragnet and trying to extract intelligence becomes a substitute for competent intelligence techniques — and can potentially blind the intelligence service. This is especially true as people will tell you what they think you want to hear to make torture stop.

Critics of torture, on the other hand, seem to assume the torture was brutality for the sake of brutality instead of a desperate attempt to get some clarity on what might well have been a catastrophic outcome. The critics also cannot know the extent to which the use of torture actually prevented follow-on attacks. They assume that to the extent that torture was useful, it was not essential; that there were other ways to find out what was needed. In the long run, they might have been correct. But neither they, nor anyone else, had the right to assume in late 2001 that there was a long run. One of the things that wasn’t known was how much time there was.

The U.S. Intelligence Failure
The endless argument over torture, the posturing of both critics and defenders, misses the crucial point. The United States turned to torture because it has experienced a massive intelligence failure reaching back a decade. The U.S. intelligence community simply failed to gather sufficient information on al Qaeda’s intentions, capability, organization and personnel. The use of torture was not part of a competent intelligence effort, but a response to a massive intelligence failure.

That failure was rooted in a range of miscalculations over time. There was the public belief that the end of the Cold War meant the United States didn’t need a major intelligence effort, a point made by the late Sen. Daniel Moynihan. There were the intelligence people who regarded Afghanistan as old news. There was the Torricelli amendment that made recruiting people with ties to terrorist groups illegal without special approval. There were the Middle East experts who could not understand that al Qaeda was fundamentally different from anything seen before. The list of the guilty is endless, and ultimately includes the American people, who always seem to believe that the view of the world as a dangerous place is something made up by contractors and bureaucrats.

Bush was handed an impossible situation on Sept. 11, after just nine months in office. The country demanded protection, and given the intelligence shambles he inherited, he reacted about as well or badly as anyone else might have in the situation. He used the tools he had, and hoped they were good enough.

The problem with torture — as with other exceptional measures — is that it is useful, at best, in extraordinary situations. The problem with all such techniques in the hands of bureaucracies is that the extraordinary in due course becomes the routine, and torture as a desperate stopgap measure becomes a routine part of the intelligence interrogator’s tool kit.

At a certain point, the emergency was over. U.S. intelligence had focused itself and had developed an increasingly coherent picture of al Qaeda, with the aid of allied Muslim intelligence agencies, and was able to start taking a toll on al Qaeda. The war had become routinized, and extraordinary measures were no longer essential. But the routinization of the extraordinary is the built-in danger of bureaucracy, and what began as a response to unprecedented dangers became part of the process. Bush had an opportunity to move beyond the emergency. He didn’t.

If you know that an individual is loaded with information, torture can be a useful tool. But if you have so much intelligence that you already know enough to identify the individual is loaded with information, then you have come pretty close to winning the intelligence war. That’s not when you use torture. That’s when you simply point out to the prisoner that, “for you the war is over.” You lay out all you already know and how much you know about him. That is as demoralizing as freezing in a cell — and helps your interrogators keep their balance.

U.S. President Barack Obama has handled this issue in the style to which we have become accustomed, and which is as practical a solution as possible. He has published the memos authorizing torture to make this entirely a Bush administration problem while refusing to prosecute anyone associated with torture, keeping the issue from becoming overly divisive. Good politics perhaps, but not something that deals with the fundamental question.

The fundamental question remains unanswered, and may remain unanswered. When a president takes an oath to “preserve, protect and defend the Constitution of the United States,” what are the limits on his obligation? We take the oath for granted. But it should be considered carefully by anyone entering this debate, particularly for presidents.

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