Guest Columnist for the New York Times Dahlia Lithwick makes the following argument about Abu Ghraib and the November election:

You can choose to connect these dots, or cast your vote in November based on whether Colonel Mustard was in a Swift boat with a lead pipe. But Abu Ghraib can’t be blamed solely on bad apples anymore. It was the direct consequence of an administration ready to bargain away the rule of law. That started with the suspension of basic prisoner protections, because this was a “new kind of war.” It led to the creation of a legal sinkhole on Guantánamo Bay. And it reached its zenith when high officials opined that torture isn’t torture unless there’s some attendant organ failure.

There are two textbook non sequiturs here. The first, a classic false dichotomy, erroneously claims that there are two alternatives–assign blame for Abu Ghraib all the way up the chain to the Whitehouse, or believe the now completely discredited Swift Boat story on Kerry. One can, however, not believe the Swift Boat story and not connect the dots all the way to the Whitehouse, or connect the dots all the way to the Whitehouse and believe the Swift Boat story. The two altenatives, in other words, are by no means mutually exclusive.

The second non sequitur, the post hoc ergo propter hoc (after this therefore because of this) fallacy, claims that the horrendous torture of Abu Ghraib is a direct consequence of the policies the current administration and its equivocal statements on the laws regarding detainees in what it describes as the “war on terrorism.” No doubt the one event–the torture–follows the existence of the administration and its various policies. But whether these events are causally linked in the manner of a “direct consequence” is something that needs to be established on the evidence. The temporal precedence of the one is hardly sufficient.

Now this is not to say of course that it is not the case that the administration is directly responsible. It is just isn’t responsible on the argument Lithwick has offered.