It's back to school time! Mr. Br-eyer, Mr. Br-eyer teaches English:
In ordinary English, where a transitive verb has an object, listeners in most contexts assume that an adverb (such as knowingly) that modifies the transitive verb tells the listener how the subject performed the entire action, including the object as set forth in the sentence.
The Supremes unanimously rejecting an interpretation of an id theft statute as applied to an illegal alien who did not "knowingly" use the information at issue. It could easily have been totally fake akin to a totally fake id to get into a bar. The concurrences debated the contours of the reasoning; Alito appearing to have a point on the value of reliance on context [more English lit than English grammar?], though Breyer was sure to not provide a "one size fits all" rule here. Stevens joined Breyer, but in another case concurred to compliment the majority (written by Thomas):
The Court’s adherence to precedent in this case represents a welcome departure from its sometimes single-minded focus on literal text.
Meanwhile, Condi Rice is going around, even to grade schools, defending her old boss. Likewise, even in grade schools (even if their teachers do not like them to say "torture"), there are doubters. But, Rice is sure -- somewhat patronizingly -- to assure everyone of two core rules that are necessary to drill into our heads: (1) If the President does it, it's okay and (2) Let's not forget just how bad things are. ["Uh, does that mean if I break the rules because I think it's important, that is okay?" Silly! Only, if your are one of the PTB!] I'm so glad that she, John Yoo, and even Rick Santorum (remember him?) are out there educating our youth.
There is a basic common sense flaw to the reasoning here, but if we are repeatedly encouraged to ignore it, maybe no one (who matters, at least) will ruin things for everyone else. Missing the point sometimes arises even when dealing with people who are generally on the ball. For instance, Hilzoy wonders about "motiveless malignancy" in the Cheney camp. I think there is a bit of too much idealism here: the idea someone who is that over the top has to be tied down by some sense of sanity.* Cheney was a true believer from the Nixon Era in the executive power area, so cares deeply about principle even if the restraint at issue has no immediate effect.
Anyway, I doubt the assurances of post-2005 behavior. CYA for past acts plays a part too. But, bottom line, it's akin to someone who doesn't want something to be possible, even if the person in power won't do it (a rule over a policy), it is the principle of the thing.**
---
* History showed that true believers can be more dangerous than cynics, since self-control often tends to have pragmatic value. Some who are very opposed to certain groups miss the point, and cannot believe people can be so deluded. They treat them as cynical assholes. But, that might be giving some of them too much credit.
** The MCA did not given total immunity to these guys, so the promotion of "principle" is that much more important. Relatedly, impeachment is technically applicable to executive officials, but in practice, it is deemed a dead letter.