Benjamin Wittes Quotes
We should never again have an attorney general capable of saying virtually nothing as the law of major intelligence programs and the integrity of his department's work in overseeing these programs are assailed over a protracted period of time.
Wittes, Benjamin. Law and the Long War: The Future of Justice in the Age of Terror. Penguin Press, 2008.
TR had a Supreme Court where a conservative block was in the majority and declared a number of his key reforms as unconstitutional. The same thing happened to FDR as well. Since Supreme Court justices had lifetime tenure most presidents and congresses have to deal with a court that has the political makeup and political philosophy of previous administrations by which they were appointed. Reform and change presidents tend to see the Supreme Court as obstructionist.
as opposed to the President. Baird asked President Clinton to withdraw her nomination when controversy erupted during her confirmation hearings over her hiring illegal aliens as domestics.
Senator Dianne Feinstein, Chairman of the Senate Intelligence Committee, had released an unclassified Summary of the Committee Report on the CIA using torture and perverse treatment of suspect terrorists in the aftermath of the 9-11 attack on New York. Most Republicans argued vehemently that the Report should be classified and kept secret as the CIA behavior was so egregious, unpalatable, and morally reprehensible that there would be negative consequences including perhaps demonstrations and attacks against Americans in foreign countries. Moreover, Terrorist organizations would use the heinous CIA behavior as a recruiting tool for anti-American terrorists. McCain, who had himself been the victim of North Vietnamese torture cited the moral and ethical reasons to prohibit torture but also explained what has been proven over and over again that torture victims will tell the torturer any nonsense that they think the torturer might believe just to get obtain relief from the agony of the torture.
Benjamin Wittes is an American legal journalist and Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, and Co-Director of the Harvard Law School–Brookings Project on Law and Security. He works principally on issues related to American law and national security. Along with Robert M. Chesney and Jack Goldsmith, Wittes cofounded the Lawfare Blog. Wittes is also a member of the Hoover Institution's Task Force on National Security and Law. Wittes is a frequent speaker on topics of detention, interrogation, and national security, before academic, government, policy, and military audiences. He also co-hosts the Rational Security podcast.