There is only one US move I can think of that could possibly offset Iran's natural advantages in this game of geopolitical chess - the use of tactical nuclear weapons. The objective of such a strike would not only be to destroy Iran's nuclear plants more completely, but to demonstrate to Tehran that the old rules don't apply, that America is prepared to commit even barbarous war crimes if that's what it takes to deter hostile powers from acquiring, or even trying to acquire, nuclear weapons.

It would, in other words, take the logic of preventative war - and Cheney's one percent doctrine - to their ultimate conclusion.

Perhaps saturation bombing - the indiscriminate destruction of Iran's civilian infrastructure and economic resources - could accomplish the same goal. It would, however, take longer, be messier (from the Pentagon's point of view) and wouldn't have the same psychological shock value as the deliberate first use of tactical nuclear weapons. A certain kind of mind (that is, one resembling a vacant lot) might even convince itself that a nuclear strike is actually the more humane option, or that it's what Harry Truman would have done, or some other piece of sophism.

The consequences, of course, would be appalling - for the Iranian people, for the world, for Americans who prefer not to be regarded as the direct, linear heirs of the Nazi Party. But if the overriding objective is to stop Iran from building a bomb - or rather, to make absolutely sure they can't or won't build one - and military force is held to be the only option left on the table, then a tactical nuclear strike, or even multiple strikes, may be the only way to do it.

Matt Yglesias has reported chatter in Washington that the Cheneyites might order such a strike and then deny it, relying on the chaotic aftermath and the residual traces of Iran's own nuclear materials to cover their traces. This sounds absurd to me - I'm reasonably sure it would be technically impossible to hide the tell tale signs of a nuclear detonation. But the fact that it's being talked about - even if just as a cocktail party rumor - is a bad sign. It means the idea is being normalized, injected into the debate, made thinkable. I can already imagine the boys at Fox News awarding Shrub brownie points because he doesn't deny ordering the first use of nuclear weapons.

It's getting very dark in here - the little bit of light left is primarily the result of me trying to convince myself the signs we saw in the run up to the Iraq invasion don't have the same significance this time around. Who knows? Maybe doing the same things and expecting different results isn't crazy after all.

The agreement contains concessions by both sides, although the White House yielded ground on two of the most contentious issues: It agreed to drop one provision that would have narrowly interpreted international standards of prisoner treatment and another allowing defendants to be convicted on evidence they never see.

One potential issue that lingers and could be a problem for House-Senate conferees on the final version of the bill is the question of how to protect classified information which might be brought into evidence in a military tribunal.

Bush's national security adviser, Stephen Hadley, said he felt "very confident" that the issue could be ironed out in negotiations still to come.

I have seen what happens to a society that becomes enamored of such methods in its quest for greater security; it takes more than words and political compromise to beat back the impulse.

This is a new debate for Americans, but there is no need for you to reinvent the wheel. Most nations can provide you with volumes on the subject. Indeed, with the exception of the Black Death, torture is the oldest scourge on our planet (hence there are so many conventions against it). Every Russian czar after Peter the Great solemnly abolished torture upon being enthroned, and every time his successor had to abolish it all over again. These czars were hardly bleeding-heart liberals, but long experience in the use of these "interrogation" practices in Russia had taught them that once condoned, torture will destroy their security apparatus. They understood that torture is the professional disease of any investigative machinery.

Apart from sheer frustration and other adrenaline-related emotions, investigators and detectives in hot pursuit have enormous temptation to use force to break the will of their prey because they believe that, metaphorically speaking, they have a "ticking bomb" case on their hands. But, much as a good hunter trains his hounds to bring the game to him rather than eating it, a good ruler has to restrain his henchmen from devouring the prey lest he be left empty-handed. Investigation is a subtle process, requiring patience and fine analytical ability, as well as a skill in cultivating one's sources.

When torture is condoned, these rare talented people leave the service, having been outstripped by less gifted colleagues with their quick-fix methods, and the service itself degenerates into a playground for sadists. Thus, in its heyday, Joseph Stalin's notorious NKVD (the Soviet secret police) became nothing more than an army of butchers terrorizing the whole country but incapable of solving the simplest of crimes. And once the NKVD went into high gear, not even Stalin could stop it at will. He finally succeeded only by turning the fury of the NKVD against itself; he ordered his chief NKVD henchman, Nikolai Yezhov (Beria's predecessor), to be arrested together with his closest aides.

So, why would democratically elected leaders of the United States ever want to legalize what a succession of Russian monarchs strove to abolish? Why run the risk of unleashing a fury that even Stalin had problems controlling? Why would anyone try to "improve intelligence-gathering capability" by destroying what was left of it? Frustration? Ineptitude? Ignorance? Or, has their friendship with a certain former KGB lieutenant colonel, V. Putin, rubbed off on the American leaders? I have no answer to these questions, but I do know that if Vice President Cheney is right and that some "cruel, inhumane or degrading" treatment of captives is a necessary tool for winning the war on terrorism, then the war is lost already.

The major step forward in this bill, however, seems to me to be the idea that the president specify in the Federal Register the torture methods he has actually approved. What I don't understand - and what even now good lawyers tell me they don't understand - is why these techniques aren't already published before the bill is passed; or whether they will be published ahead of a torture session or after it; or whether the president can simply withhold this information as he sees fit. Some lawyers say that the president will not be required to issue such regulations and facts; merely permitted to do so. If that's true, it's meaningless. My fear is that this is a ruse; my hope is that it is a window for transparency. It is critical that the president tell the American people and the world what techniques he is using and what standards are being applied in the name of the United States. Sources tell me that there is a gentleman's agreement that waterboarding is now off the table, that sleep deprivation will be restricted to 48 hours (as opposed to 48 days in one case), and that other barbaric practices like hypothermia will cease.

The trouble is: Cheney, Bush, Rumsfeld and Addington are not gentlemen. If we have learned anything these past few years, it is that they are not to be trusted on the torture question, that they have lied repeatedly and knowingly and insistently, that their use of the English language is designed to obfuscate and obscure the reality they are advancing, and the constitutional freedoms they are bent on dismantling. In so far as this bill grants this president discretion in enforcing Geneva, it means that the standards of Geneva will not apply under this president - although they might under a more civilized and competent one.

I should add that it is essential to the integrity of language and law that the word torture not be defined out of existence. Waterboarding, hypothermia, long-time-standing, and various forms of stress positions are torture, have always been torture and always will be torture. What we must do is what Orwell demanded: speak plain English before it evaporates from our discourse, refuse to acquiesce to the corruption of language and decency. In that respect, the press must continue to ask both McCain and all administration representatives whether passing this bill means that waterboarding, hypothermia, sleep deprivation, long-time-standing or stress positions are now illegal and unavailable to the CIA. They must not be allowed to get away with the answer that they will not mention specific techniques. The specifics are everything. And we must not be snowed by abuse of English into saying something is true when it isn't. Until they are completely forthcoming on these critical details, this bill should not be passed.

More important is the bill's definition of "serious physical pain or suffering." One would think that, on any reasonable understanding of ordinary language, the "alternative" CIA techniques do, indeed, result in serious physical suffering, at the very least. Indeed, such serious suffering - and the prospect of ending such suffering by telling one's interrogators what they wish to hear - is the whole point of using such techniques in the first place. But remarkably - and not accidentally - the bill's definition would not cover all such actual "serious physical suffering."

The definition would require, for one thing, a "bodily injury" - something that would not necessarily result from use of the CIA techniques - even though one can of course be subject to great physical suffering without any "physical injury."

What's worse, such physical injury would also have to "involve" at least one of the following:

(1) a substantial risk of death;
(2) extreme physical pain;
(3) a burn or physical disfigurement of a serious nature, not to include cuts, abrasions, or bruises; or
(4) significant loss or impairment of the function of a bodily member, organ, or mental faculty.

As you can see, this definition simply does not cover many categories of actual serious physical suffering, including, naturally, the physical suffering that ordinarily results from the CIA techniques that have been reported.

The result, unfortunately, is a very constrained conception of what constitutes "cruel treatment" - a much narrower conception than a fair or reasonable interpretation of Geneva Article 3(1)(a) would provide.

And therefore the bill would appear to exclude from the definition of "cruel treatment" many cases of actual cruel treatment prohibited by Common Article 3. And when that occurs, it is likely the Executive will construe the statute - and Common Article 3, as well - to permit some forms of cruel treatment that Geneva in fact proscribes, i.e., the "alternative" CIA techniques. Indeed, it's happened already: The ink was hardly dry on the draft when numerous Administration spokespersons were gleefully informing the press that the bill is a green light to the CIA to reinstitute the "alternative" techniques that Hamdan had effectively interdicted.

Byron York has gone so far as to relate that "both sides appear to believe that the agreement permits the CIA to continue to use sleep deprivation, cold rooms, and other such techniques," even though such techniques do, in fact, constitute a breach of our Geneva obligations.

The bad news is that Mr. Bush, as he made clear yesterday, intends to continue using the CIA to secretly detain and abuse certain terrorist suspects. He will do so by issuing his own interpretation of the Geneva Conventions in an executive order and by relying on questionable Justice Department opinions that authorize such practices as exposing prisoners to hypothermia and prolonged sleep deprivation.

Under the compromise agreed to yesterday, Congress would recognize his authority to take these steps and prevent prisoners from appealing them to US courts. The bill would also immunize CIA personnel from prosecution for all but the most serious abuses and protect those who in the past violated US law against war crimes.

About the only thing that Senators John Warner, John McCain and Lindsey Graham had to show for their defiance was Mr. Bush's agreement to drop his insistence on allowing prosecutors of suspected terrorists to introduce classified evidence kept secret from the defendant.

... On other issues, the three rebel senators achieved only modest improvements on the White House's original positions. They wanted to bar evidence obtained through coercion. Now, they have agreed to allow it if a judge finds it reliable (which coerced evidence hardly can be) and relevant to guilt or innocence. The way coercion is measured in the bill, even those protections would not apply to the prisoners at Guantánamo Bay.

The New York Times has the right of it here, limning the pathetic gullibility at the heart of the "compromise." There is nothing in this bill that President Thumbscrews can't ignore. There is nothing in this bill that reins in his feckless and dangerous reinterpretation of the powers of his office. There is nothing in this bill that requires him to take it - or its congressional authors - seriously. Two weeks ago, John Yoo set down in The New York Times the precise philosophical basis on which the administration will sign this bill and then ignore it. The president will decide what a "lesser breach" of the Geneva Conventions is? How can anyone over the age of five give this president that power? And wait until you see the atrocity that I guarantee you is coming down the tracks concerning the fact that the president committed at least 40 impeachable offenses with regard to illegal wiretapping.

And the Democratic Party was nowhere in this debate. It contributed nothing. On the question of whether or not the United States will reconfigure itself as a nation which tortures its purported enemies and then grants itself absolution through adjectives - "Aggressive interrogation techniques" - the Democratic Party had… no opinion. On the issue of allowing a demonstrably incompetent president as many of the de facto powers of a despot that you could wedge into a bill without having the Constitution spontaneously combust in the Archives, well, the Democratic Party was more pissed off at Hugo Chavez.

This was as tactically idiotic as it was morally blind. On the subject of what kind of a nation we are, and to what extent we will live up to the best of our ideals, the Democratic Party was as mute and neutral as a stone. Human rights no longer have a viable political constituency in the United States of America. Be enough of a coward, though, and cable news will fit you for a toga.

McCain, the Republican rebel maverick, showed that Republicans are moral and look out for their troops.

Bush, the Republican statesman and leader, showed that he is committed to protecting Americans but that he is willing to listen and compromise when people of good faith express reservations about tactics.

The Democrats showed they are ciphers who don't have the stones to even say a word when the most important moral issue confronting the government is being debated.

… I honestly think it would have been much, much better if they'd have forced their way into the debate and taken a firm stand -- if only to show they give a damn. This is a turn-out election and I have a feeling many a Democrat's stomach will turn as they see this triumph of GOP "leadership" in action. Why bother to vote when the Democrats don't bother to show up?

Political winners, assuming the detainee deal is drafted and goes to a floor vote in the House and Senate:

- Bush: In return for making some concessions, he gets clear guidance for CIA interrogators on what they can and can't do to detainees and he ends an intra-party impasse.

- McCain: Conservative commentators had attacked him for blocking Bush on the detainee tribunals but now he can resume his courtship of the GOP rank and file as he looks to the 2008 presidential nomination.

Probable losers: Civil libertarians who may still object to the tribunals and Democrats who have been laying low on the issue, apparently assuming that McCain-Bush impasse would prevent any deal. "They painted themselves into a corner," said GOP Senate aide Don Stewart. "They said, 'I'm with McCain,' and now McCain has reached an agreement."

So tell me, my fellow Americans:

How does it feel knowing that your government will pass laws permitting the violation of the Geneva Conventions against torture?

How does it feel knowing the taxes you pay from money you earned are going towards the salary of legally sanctioned torturers?

How does it feel knowing that the only political party with an organization large enough to stand in opposition to the American fascists in charge of this country's legislature and executive were actually boasting that they were not going to get involved in one of the most important moral debates of our time?

And how does it feel to have George W. Bush, that paragon of moral probity, mental stability, and well-informed intelligence, granted the legal right to determine what is and isn't torture?

I'll tell you how I feel. I am outraged and ashamed.

Shame, shame, shame on the cowards in both parties that permitted this disgracefully grotesque farce to happen. This is as inexcusable a stupidity as the neglect that permitted the 9/11 attacks, the idiotic reasoning and intellectual blindness that advocated and executed the Bush/Iraq war, and the failure to prepare for Katrina.

What the hell is going on, that a country that prides itself on its heritage of freedom and liberty, that fought such an awful war over the degrading enslavement of human beings - that such a country would vote to permit some of the most repulsive and evil practices human beings are capable of and place the power to do so directly in the hands of a moral midget?

What's happening in Washington now is that the establishment political class - and that includes the military, moderate Republican and Democratic members of Congress, the jabbering pundits and op-ed writers, and the bulk of the think tank denizens - are coming to grips with the stark fact that the war in Iraq is over. And that the United States has lost. It's beginning to sink in, but it won't be confronted directly by the political class until after the November elections. After that, all hell is going to break loose. If the Democrats win back Congress, it will happen faster - but even if the Republicans hang on, the gusting winds on Iraq now buffeting the White House will gather strength to become a full-fledged, Category 5 hurricane.

I pray you to pause and consider. Against our traditions we are now entering upon an unjust and trivial war, a war against a helpless people, and for a base object - robbery. At first our citizens spoke out against this thing, by an impulse natural to their training. Today they have turned, and their voice is the other way. What caused the change? Merely a politician's trick - a high-sounding phrase, a blood-stirring phrase which turned their uncritical heads: "Our Country, right or wrong!" An empty phrase, a silly phrase. It was shouted by every newspaper, it was thundered from the pulpit, the Superintendent of Public Instruction placarded it in every schoolhouse in the land, the War Department inscribed it upon the flag. And every man who failed to shout it or who was silent, was proclaimed a traitor - none but those others were patriots. To be a patriot, one had to say, and keep on saying, "Our Country, right or wrong," and urge on the little war. Have you not perceived that that phrase is an insult to the nation?

For in a republic, who is "the Country?" Is it the Government which is for the moment in the saddle? Why, the Government is merely a servant - merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn't. Its function is to obey orders, not originate them. Who, then, is "the Country?"?Is it the newspaper? Is it the pulpit? Is it the school superintendent? Why, these are mere parts of the country, not the whole of it; they have not command, they have only their little share in the command. They are but one in the thousand; it is in the thousand that command is lodged; they must determine what is right and what is wrong; they must decide who is a patriot and who isn't.

The nation has sold its honor for a phrase. It has swung itself loose from its safe anchorage and is drifting, its helm is in pirate hands. The stupid phrase needed help, and it got another one: "Even if the war be wrong we are in it and must fight it out: we cannot retire from it without dishonor." Why, not even a burglar could have said it better. We cannot withdraw from this sordid raid because to grant peace to those little people on their terms - independence - would dishonor us. You have flung away Adam's phrase - you should take it up and examine it again. He said, "An inglorious peace is better than a dishonorable war."

You have planted a seed, and it will grow.