For that matter, why didn't Condoleezza Rice?...
The former State Department adviser to Condoleezza Rice and executive director of the 9/11 Commission, Philip Zelikow, disclosed at Foreign Policy's Shadow Government yesterday that he offered a dissenting view to the torture memos and policies of the Bush Administration. (Ernie Canning discussed those memos and policies in detail here this morning.)
Zelikow not only dissented from the party line, admirably, but he also learned at one point that while the administration disagreed with his opinion, they were taking it a step further by actually going out of their way to destroy all copies of his memo. As he explained at FP yesterday:
At the time, in 2005, I circulated an opposing view of the legal reasoning. My bureaucratic position, as counselor to the secretary of state, didn't entitle me to offer a legal opinion. But I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable. My colleagues were entitled to ignore my views. They did more than that: The White House attempted to collect and destroy all copies of my memo. I expect that one or two are still at least in the State Department's archives.
While it's admirable, I suppose, that he's finally speaking up to reveal that at least someone in the Bush Administration dissented from their tortured legal justifications for war crimes, the question must be raised as to why Zelikow didn't simply resign when it became clear that the administration was going far beyond simply disagreeing with him. They were stepping over what would seem to clearly be the line of legality, by actually destroying (or attempting to), all copies of his opinion.
Surely that was a red flag that something was gravely amiss there, no?
Zelikow was on MSNBC's Rachel Maddow Show last night (complete video and transcript below), and she asked directly if he'd considered resigning at that point. But I find his answer rather unsatisfying, in my opinion...
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