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The vote I am referring to is the vote McCain made in February of this year against a bill that would have required the CIA to follow the standards of allowable interrogation tactics in the Army field manual, effectively preventing the CIA from engaging in waterboarding and other forms of torture.
Before you ask - and I know you will - neither Obama nor Clinton voted on the bill in question. They were both campaigning, and they both released statements at the time that they supported the measure. The measure passed without needing their votes.
I think McCain's support of that bill is reprehensible and a clear pander to the right that he knows he needs to get elected. Not something I like at all.
Regarding the substance of the bill. I think we can all agree that:
1) This administration will do whatever it wants to do, whether it breaks the law or not. We all know this.
2) Any bill that Congress passes can be explicitly ignored by the president - either through signing statements or just sheer defiance. There are no consequences, as demonstrated most recently by Obama and McCain supporting the new FISA legislation legalizing all of their shady dealings.
If we know those things, the next two questions you have to ask yourself are:
1) Does the bill matter with the current administration in power?
2) Will either candidate repeal the current tactics and actually stop doing them once they are elected?
My answer to question #1 is no, it does not matter, and my question to #2 is that I think both candidates will stop the tactics of using black sites for detention, waterboarding and more. Whether they both restore and respect habeas corpus and other more nuanced legal issues in the decade to come is another matter. I don't respect either candidate's integrity enough to believe that they will repeal every wrongheaded action that the Bush admin has instilled. Why would they? They would know they can do it with impunity, so I'm sure some "necessary evils" will still take place, whether Obama or McCain is in charge.
It's a hugely depressing topic.