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Defying the Odds

Defying the Odds
New book about the 2016 election.

Monday, November 18, 2019

Trump on Torture and War Crimes

In Defying the Odds, we discuss Trump's dishonesty and his record of disregarding the rule of law.   The update includes a chapter on the 2018 midterms.

During the campaign, Trump endorsed torture.

Last May, then-White House counsel Don McGahn wanted to withdraw Gina Haspel's nomination for CIA director. McGahn told colleagues that Haspel's role in the CIA's controversial "enhanced interrogation" program could kill her in her Senate confirmation.
Driving the news: President Trump disagreed. Trump actually liked this aspect of Haspel's resume, according to three sources who spoke to the president at the time. In fact, Trump told aides that Haspel's support for "torture" or "waterboarding" (Trump uses these words interchangeably in his private conversations) was an asset, not a liability.
  • Trump told advisers that he asked Haspel her opinion on whether waterboarding works. In Trump's telling, Haspel replied to him that she was "100%" sure it works, a source who spoke to Trump about it told me.
  • "He seemed impressed with how sure she was about something so controversial," the source said. "That she did not bat an eye, did not sugarcoat it, that it works. When it comes to national security, she does not hesitate."
President Trump intervened in three cases involving war crimes accusations on Friday, issuing full pardons to two soldiers and reversing disciplinary action against a Navy SEAL despite opposition raised by military justice experts and some senior Pentagon officials.

The White House said in a statement Friday night that Trump, as commander in chief, is “ultimately responsible for ensuring that the law is enforced and when appropriate, that mercy is granted.”

“For more than two hundred years, presidents have used their authority to offer second chances to deserving individuals, including those in uniform who have served our country,” the statement said.

The service members were notified by Trump over the phone late Friday afternoon, according to lawyers for Army Maj. Mathew L. Golsteyn and former Chief Petty Officer Edward Gallagher, the SEAL. Golsteyn faced a murder trial scheduled for next year, while Gallagher recently was acquitted of murder and convicted of posing with the corpse of an Islamic State fighter in Iraq.
 The third service member, former Army 1st Lt. Clint Lorance, was expected to be released Friday night from prison at Fort Leavenworth, Kan. He was convicted of second-degree murder in 2013 and sentenced to 19 years for ordering his soldiers to open fire on three men in Afghanistan.
Golsteyn and Lorance received full pardons, while the president will direct the Navy to restore Gallagher to his previous rank before he retires, the White House said. His demotion marked the only significant penalty he received following his acquittal on the murder charge.