Torture? NO, but lets have an honest discussion about it

 America is abuzz on the issue of torture, and everyone is talking past one another.  The left blanketedly admonishes that torture is never appropriate and always ineffective. The right is reactionary, arguing that torture may have prevented mass American deaths and that the left is therefore wrong when it claims torture is never justified. 

 

These arguments miss the appropriate issue, which is whether it is appropriate for the American government to sanction torture.  The answer is no.  But it is dishonest to claim that under no circumstance could torture be justified. Certainly, torture is justified if one has in possession someone who knows the whereabouts of a villain with the capability of destroying all of mankind, would one not? Torture is justified under less dire circumstances too, and it is dishonest to argue that such circumstances can happen only on television.

 

So, under some circumstances torture is justified.  But, that does not mean that the American government should ever sanction it.  When the government sanctions torture, as it seems to have done under the Bush Administration, it absolves the individual torturer from responsibility for his or her actions.  The responsibility is spread out amongst the many layers of bureaucracy, executive opinions, legal memos, etc.   Everyone can point a finger at someone else and nobody is to blame. Stated eloquently by the protagonist in Ayn Rand’s The Foutainhead: “Who permitted them to do it?  No particular man among the dozens in authority.  No one cared to permit it or stop it.  No one was responsible.  No one can be held to account. Such is the nature of all collective action.”  If nobody is to blame for torture, then you will generate instances of torture that are unnecessary--under the cover of your American flag.

 

So, how do we reconcile the suggestion that America should not sanction torture and the truism that torture may be justified sometimes? I believe that we must criminalize torture and prosecute anyone who engages in it.  If the circumstances are so dire that the government agent honestly believes that breaking the spirit of another human being through physical force (i.e. torture) is the only mans to prevent the doomsday event, then that agent should be willing to sacrifice his or her own liberty to prevent the doomsday event.  It is much greater sacrifice to put one’s own liberty at risk to save other human lives, than it is to trample another person’s human rights. This higher threshold will reduce instances of torture and better ensure that it will be used only when absolutely necessary. As a safety valve, the President has the power of pardon if the criminality is unjust under the totality of the circumstances. 

 

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what if a known sex offender

what if a known sex offender lives in a neighborhood where a girl has just gone missing and time is of the essence, should we torture this person to save the girls life?

Only if the sex offender

says "I know where she is, she is going to die, and I'm not going to tell you anything".

What if the choild were your daughter?

what if he says he doesn't

what if he says he doesn't know anything . . .

Then you need to build a

Then you need to build a case. And keep looking for the kid.

How do you know that the known sex offender is the perp?

what if a known sex offender lives in a neighborhood where a girl has just gone missing and time is of the essence, should we torture this person to save the girls life?

How do you know the known sex offender you are strapping to the waterboard is responsible for the current disappearance? What about other explanations (she fell down a hole) or other perps (a perv from a different area targeted this neighborhood becasue he knew that the known sex offender you are strapping to the waterboard would be the automatic suspect, thereby providing him with excellent coverage).

You torture your suspect for a while and eventually he confesses, just to make the torture stop, knowing that the confession is not going to be admissible in court and therefore while he cannot be convicted he will be getting many millions of dollars from his lawsuit against the city. He tells you some BS and you spend more police time and resources chasing down that BS....meanwhile, "time is of the essence", and you are wasting it.

The first conversation

needs to be about what constitutes torture. Then there needs to be a discussion about the circumstances under which these interegations were conducted.

Now, it is easy for the left to say, "Cheney is evil, therefore he likes to torture people". That is a foolish conversation, and they are welcome to have it among themselves.

I don't mind the discussion, as long as it includes any steps that were taken to mitigate long term physical or mental damage, the perceived sense of urgency at the time, and lessons learned going forward.

My viewpoint is that, a high value terror suspect that has information about another attack that can kill thousands of innocent American civilians is simply vessel of valuable, life saving information. The question is, how best to get accurate, actionable information out of that vessel? If the best method is to bring them tea and crumpets, fine. If its to cut some sort of deal with them OK.If its to waterboard them, thats fine too.  I do think that harsher methods should be used as a last resort.

I'm not saying that Cheney is evil. I think he has visions

of being a petty dictator, but those are supported by his theory of the Unitary Executive (first pioneered under Nixon) and his continued refusal to state which branch of government the Vice President actually exists in (he waffles, so that he doesn't need to go to subpoenas and other Legislative Constraints on Executive Overreach). 

Did you get a chance to read that link that I posted? it documents the medical evidence of torture on eleven prisoners, the long term physical and mental damage as well.

We have documented evidence that an interrogator was formally reprimanded for showing empathy towards one of the prisoners. The interrogator later committed suicide. I think that says a lot about how much we were trying to mitigate damage, doesn't it?

We have had over a hundred prisoners die in our care, at least a third of which are considered possible homicides. I find it incredible to think that 30 people might have died through prisoner abuse or "interrogation techniques"... but when so many suspicious deaths occur... well, where there's smoke there's fire, and I wouldn't be surprised if we murdered a few, judging by that link I posted in the other diary, where it chronicles severe physical beatings on prisoners.

 

And you're right, these things should be structured.

All the CIA interrogators and the higher-ups have concluded, multiple times, that "tea and crumpets" gives more accurate and actionable information, with fewer distracting lies.

I'm not 100% against torture, though I do believe it's a crime. I also believe it should be tried as a last resort... But I also believe that anyone who does torture should go to jail, and possibly be killed. It's an extreme act, and it deserves extreme consequences -- for the good of our country, and it's reputation.

We pay the CIA to do our dirty work. We pay them to make difficult decisions -- such as when it's worth it to put your life on the line, for actionable data and to preserve your country's good name.

i think we want to believe

i think we want to believe torture works on some level. but i also think, putting my lawyer hat on for a moment, is that it makes the investigatory process incredibly sloppy.  who needs to investigate when a bucket of water will suffice.

it's funny. the Right swears the government can't do anything and yet believes this tool in their hands can produce benefits.

 

Where is the evidence that torture yields good information?

Where is the evidence that torture yields good information?

Here ya go . . .



WASHINGTON - President Obama’s national intelligence director told colleagues in a private memo last week that the harsh interrogation techniques banned by the White House did produce significant information that helped the nation in its struggle with terrorists.

“High value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qa’ida organization that was attacking this country,” Adm. Dennis C. Blair, the intelligence director, wrote in a memo to his staff last Thursday.

http://www.msnbc.msn.com/id/30335592/

Hardly your proverbial ticking time bomb or foiled plot

Is that it? Hardly your proverbial ticking time bomb or foiled plot, is it?

Blair also said this:

The information gained from these techniques was valuable in some instances, but there is no way of knowing whether the same information could have been obtained through other means...the bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security.

 

You asked for evidence of effectiveness

I gave it to you. From the Obama administration directly.

I'm sure you don't like the answer, so you change the subject. Whatever. This is why there is no point in discussing this with the left.

Thank you for that.

Thank you for the information, but it is hardly enough to make the case for torture, is it?

I'm not making the case

for torture. I think its good to have a discussion about it. I don't think any reasonable person is "for" torture.

The question in my mind is how do we get reliable, actionable information out of known terrorists?

And what constitutes torture vs harsh interegation?

Do you recall the 60 Minutes inverview with Saddam Hussein's

Do you recall the 60 Minutes inverview with Saddam Hussein's interregator from last year? He got thim to sing by being clever, not brutal.

Exactly

I'm for any Jedi mind tricks that work. Good cop/bad cop, etc.

 

it's fair to say that waterboarding is definitely torture.

we killed a man for it, a Japanese military officer. Unless you want to say that our courts murdered that man...

I think the idea of "lasting physical or mental damage" is a good line in the sand. If it's just something you find awkward, or inconvenient -- then it's surely not torture. If they put you into a stress position, and afterwards you can't walk right for a month, that's torture. If they create lasting mental damage that significantly impairs your ability to be a normal human being afterwards, that's torture.

As an American woman, I would not consider it torture if you put me nude in a room with a male interrogator. However, I can see how a Muslim woman might take that as torture, as an affront and denigration of her religion, and as a soiling of herself in front of her god. Something like that can easily be seen to be unconscionable... something so outside her normal idea of punishment that it counts as cruel and unusual, and quite demeaning.

What about putting

a man who is afraid of bugs in a box with a bug?

well, let me ask you this...

if he's left in there until he's pissed his pants and defecated... is that torture?

What if you leave him in soiled clothes, with bug, for a long period of time?

I do not know, honestly, if it's torture or not. I can certainly say that it's much more gray than waterboarding. Can we both agree that it's better to ask someone with more knowledge of systematic chronic mental damage, like say the APA (psychologists' organization)?

Absolutley

My point is that from the portions of whats been released so far (other than waterboarding possibly), I could have been reading about frat boy hazing.

I have a VERY different standard which I apply to UNWILLING

participation. FratBoys can always leave.

And since when do frat boys flush Bibles down toilets? Or beat people until they have bone scarring? Or keep people in handcuffs until it does lasting physical damage?

We went too far.

I'm not saying that "standard hostile interrogation" is torture... clearly what we use on most suspects at a jail (like bright lights and moderate solitary confinement) isn't torture.

Lets let the evidence come out.

Obama has started down this path and I don't see how we can stop here. Put it all out there.

the courts should be allowed to see all relevant evidence.

I'm hopeful, if not confident, that they will be allowed full access. I don't think that we, the public, need to know everything (though I'd certainly appreciate it!)... some stuff is national security related, and you can make sure that a judge and jury has the relevant security clearances.

there have been documented reports of leaving prisoners

in urine soaked rooms.

" what if a known sex

" what if a known sex offender lives in a neighborhood where a girl has just gone missing and time is of the essence, should we torture this person to save the girls life?"

Torture away, but you will go to jail to save that girl's life. If you are willing to sacrifice someone else's human rights to save the girl's life, then you should be willing to sacrifice your own liberty, right?

this is exactly the standard that I want on torture.

Yeah, any CIA bloke can do it, under extreme circumstances, but let 'em be punished afterward -- killed even.

we pay them to make the hard decisions.

torture has already been criminalized

The prohibition against "cruel & unusual punishment" was enshrined in our Constitution by our founders for THIS VERY REASON.

In addition, the United States has agreed to international treaties regarding the proper prosecution and punishment of those who sanction and conduct torture. The US has invoked those treaties in the past to convict those who have tortured Americans with the very procedures used by the past administration against prisoners.

 

The constitution is clear.

The legal precedents are clear.

Only those who are placing politics over law and morals are unclear.

 

Whats not clear

Is was this torture? The constitution also protects the rights of all individuals (even Dick Cheney) to due process. Most of what I've seen says these prosecutions will go nowhere. Legal channels were followed. I'm comfortable with letting the legal process run its course.

legal channels were not followed.

at a minimum, the OLC memos were unconscionable distortions of current case law and legislative law, not to mention international treaties!

the OLC memos did not authorize Abu's waterboarding for 80+ times in one month! So someone clearly exceeded the legal opinion that they were supposed to be acting under...

at a maximum, there was an extreme amount of Arm Twisting from key cabinet officials, in order to get those memos.

I want to get to the bottom of this... even if that means trying the previous President of the United States for Treason (which, I'll admit, is just not going to happen -- i'm not even trying to say that there's a case for that. but if that's what legally should occur, under our rule of law, that's what I want to happen.)

These prosecutions had BETTER go somewhere, or we will be called to account by international treaty laws, and possibly in the International Criminal Court. The United States signs treaties, and they'd better keep the treaties they sign...

I have full faith and confidence in our justice system, and in our ability to call to account the relevant perpetrators of crimes.

My thoughts exactly, on the

My thoughts exactly, on the course of investgations and prosecutions as warranted. 

The poster of the "witch hunt" thread, who suggested that Spain had withdrawn its actions against Bush official because it recognized the stupidity of its ways on the torture matter, clearly hadn't considered the possibility that Spain agreed to drop its efforts after getting assurances the U.S. would handle its own investigations, thus saving foreign governments from having to do that work.  Wouldn't all of us rather see this handled by U.S. justice agencies and courts than the ICC?

waterboarding is torture

I believe I recently saw a historical example of US soldiers being prosecuted and imprisoned for waterboarding a prisoner.

Let's face it. If American soldiers were waterboarded in captivity, there would be no hesitation to properly call it torture. The only hesitation we have now is because of who would be held accountable.

Great Chicago Sun Op Ed

The grounds for prosecution are slim to say the least. The idea of throwing lawyers into jail for giving bad advice is perverse. It would have to be shown they knew they were twisting the law to protect illegal practices -- a tough standard. What's more, no U.S. law then outlawed waterboarding.

Indeed. Food for thought.

And where would the finger-pointing stop? Top congressional leaders, including House Speaker Nancy Pelosi, got briefings on waterboarding. If Pelosi considers it to be torture and did nothing to expose or stop it, why shouldn't she be hauled before a judge?

I agree. Don't you Ray? If Nancy and Harry knew but did nothing to stop it, they should go to jail, right?

http://www.suntimes.com/news/huntley/1541793,CST-EDT-hunt24.article

Pelosi

If Pelosi considers it to be torture and did nothing to expose or stop it, why shouldn't she be hauled before a judge?

In these situations the briefings that members of Congress receive are informational only (their advice or consent is not sought) and they are top-secret classified (they cannot even be discussed with members of the Congressman's staff).  So what is it, exactly, that Nancy Pelosi or Harry Reid - the minority leaders at the time - could have done?

Are you criticizing them for not leaking the information to the NYT?

And - swear on a bible - had they done so in 2002 or 2003, you would not have demanded their immediate execution for treason?

 

 

I see your point

(damn I'm getting soft!)

My answer-I simply don't know. I simply don't know the inner workings of congress that well. Perhaps someone else does and can share with us. I would find it hard to believe that there isn't some sort of  "whistle blower" protection that would apply.

But, I will also say that from what little I have seen so far, Pelosi did not object or question the direction even behind closed doors. In that sense I find the outrage a little hypocritical.

 

maybe her outrage is hypocritical.

but she was unable to serve a subpoena on the Bush Administration -- something that should outrage all of us loyal more to the Constitution than to political party.

I figure we let Pelosi and the Legislature investigate THAT, as it is a Constitutional Powers thing.

(Pelosi's far from my favorite person in the world, in case you haven't noticed. Democrats repeatedly call for her head on DailyKos).

 "When the government

 "When the government sanctions torture, as it seems to have done under the Bush Administration, it absolves the individual torturer from responsibility for his or her actions.  The responsibility is spread out amongst the many layers of bureaucracy, executive opinions, legal memos, etc.   Everyone can point a finger at someone else and nobody is to blame. Stated eloquently by the protagonist in Ayn Rand’s The Foutainhead: “Who permitted them to do it?  No particular man among the dozens in authority.  No one cared to permit it or stop it.  No one was responsible.  No one can be held to account. Such is the nature of all collective action.”  If nobody is to blame for torture, then you will generate instances of torture that are unnecessary--under the cover of your American flag."

Nah

Simple matter of who did what when and with what legal authority. Nice prose though.

So, would you prosecute

So, would you prosecute Pelosi, but not the person who actually did the torture?  Would you prosecute the person who requested a memo that justified torture or the attorney who wrote it? Could not the torturer point his finger at his supervisor and etc.?  Could not the person who requested the memo point the finger at the attorney?  Could not the attorney point the finger at the right of attorney's to represent their clients? It is more than prose, it is the underlying principle of individualism and liberty.  You just haven't though it through.

"...no U.S. law then outlawed

"...no U.S. law then outlawed waterboarding"  I'll let the Justice Department decide that, not the Chicago Sun.

I've never argued that Pelosi, Reid and any other Dems who explictly or tacitly approved or allowed a U.S. torture program shouldn't be hauled before a judge.  I think this is where the Right will hang themselves on this: by assuming this is just some kind of partisan witch hunt, they feel compelled to defend Bush officials and the techniques themselves out of partisan loyalty.  This is not a partisan issue for anyone I know who feels strongly about it.  The clamor for investigation and follow-up action as required by law would be as motivated if it had been discovered that Obama's administration engaged in it. 

"And where would the finger-pointing stop?"  Wherever it leads.  This seems to insinuate that if, gasp!, the investigation points to wrongdoing at the top, well, surely, we shouldn't pursue an investigation?!  Um, no.  That's a breathtaking assertion on its face, that the possibility some high-level officials may be implicated is in itself reason to forego an investigation.

Pelosi denies

She has stated they were not informed about waterboarding. In addition, they were not in a position to make policy, so it's not the same thing no matter how much you try to draw a moral equivalency.

We know the timeline now. The administration wanted legal cover to torture prisoners (for reasons unknown). They had the OLC craft opinions to give them the legal cover they needed. Opinions given to the contrary were ignored and destroyed. Those who objected to WH policy were generally forced out of the decision-making loop. Everything was classified and concerted efforts were made to restrict information, even to Congress.

Honestly, I think Bush was not the one at fault here. He was always adamant that we did not torture, so I think that he honestly believed that we had found a way to coercively interrogate prisoners without crossing the legal line of torture. I think that this misguided notion of legality is probably why he didn't issue any blanket pardons before leaving.

Cheney, on the other hand, has his hands all over this. He has publicly acknowledged all of the techniques and in fact has defended them. He was the one who really wanted pardons issued.

I think Bush's hands-off executive style gave Cheney considerable leeway to set policy with a general approval by Bush. One might even argue that Cheney knew how to manipulate Bush. After all, it was Cheney himself who originally convinced Bush that HE was the most qualified to be Bush's VP. 

The whole ordeal is sordid and is going to be remembered as a particularly ugly blot in our history books.

 

Then Pelosi Lies

You may want to polish up that "she knew, but wasn't allowed to do anything about it" defense:

In September 2002, four members of Congress met in secret for a first look at a unique CIA program designed to wring vital information from reticent terrorism suspects in U.S. custody. For more than an hour, the bipartisan group, which included current  House Speaker Nancy Pelosi (D-Calif.), was given a virtual tour of the CIA's overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk.

Among the techniques described, said two officials present, was waterboarding, a practice that years later would be condemned as torture by Democrats and some Republicans on Capitol Hill. But on that day, no objections were raised. Instead, at least two lawmakers in the room asked the CIA to push harder, two U.S. officials said.

"The briefer was specifically asked if the methods were tough enough," said a U.S. official who witnessed the exchange.

 Hmmmm. Sounds like she knew. FROM THE VERY BEGINNING.

Moral equivalency? We shall see.

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/08/AR2007120801664.html

 

someone should have said something.

but if the bush admin thinks Pelosi's complicity will shield them from trouble? they got another thing coming!

I'll help you if you want to run against Pelosi next election... geez. I will bet it was the Republicans asking for tougher methods...

Not my point

but if the bush admin thinks Pelosi's complicity will shield them from trouble? they got another thing coming!

Not a chance. My impression is that most people think that this is a slam dunk aginst Bush/Cheney. I may be wrong. If it turns out that Pelosi and Reid did know, and had remedies that could have been followed, then they were complacent at best and culpable at worst. Let those chips fall where they may.

I think its a bad idea politically and and strategically to pursue this course, but that ship sailed when Obama released parts of four memos. People will die in the middle east when the beans come spilling out, our soldiers in Afghanastan and Iraq will face a more resolved enemy and probably more recruits, etc,etc.

 

Obama's legal counsel said that they could

try and stall the NY judge, but that their arguments were weak. That's their job -- telling the President stuff like that.

You think they don't already tell their recruits that we torture? they've got Abu Gharib as a selling point, for christ's own sake!

We will be a better country, with more moral authority, for following the Rule of Law, let the chips fall where they may.

And that, my friend, is actually worth something. American Ideals are actually quite popular, even among the terrorism supporting portion of Islam (according to gallup polling, they are more likely to want democracy than their non-terrorism supporting countryment, and most muslims dont' want their clerics writing the laws)

"We will be a better country,

"We will be a better country, with more moral authority, for following the Rule of Law, let the chips fall where they may.  And that, my friend, is actually worth something."

Amen.

if Pelosi knew and didn't dissent

Then she is complicit and should pay the price for that. 

i want to know the facts before I sound so sure on that.

she may have felt intimidated -- like she was only being allowed to see this continent on her not objecting...

It would seem to me...

that torture is in the eye of the beholder.  It's not like a math equation...I think we get hung up sometimes on the word "torture".  The greater question is, was it against U.S. Laws (Congress had a chance to specifically make waterboarding illegal in about 2003 and chose not to), and is there sufficient evidence to prosecute?  One of the interesting things about war crimes that was said on a news show (don't remember which one) is that unlike other crimes, the offender has to have an understanding of the illegality of what they are doing.

Anyway...if this goes through a full process in congress/the courts, count on it being a three ring circus that completely consumes the news, sucking up attention that I'm sure Obama would rather was on other things.  That's why he's not too excited about the whole thing.

Totally relative

I mean, *really*, is leaving dozens of people physical and psychological wrecks truly torture if there is no law expressly prohibiting such behavior? Some would say that many of the people in Guantanamo were clean of any terrorist activity, but hey, what's a bit of maiming between friends, right? The fact that 30 people died in Gitmo is certainly interesting, and warrants further investigation, but the important part here is whether their interrogators knew they were doing something wrong.

I agree with your second point. I just don't understand how the "moral majority" could be so flippant on how we treat our captives. I'm angry with the previous administration in the same way that I am angry with people who want to make abortion more prevalent; I don't understand why this isn't more common.

yes, it was absolutely against US laws and international treaty

signed by Reagan, of all people!

Of course Obama isn't excited about the whole fracas -- he's our president, and he's got more than one thing on his plate.

But we're going to make sure this gets done anyway.

Besides, John Sidney McCain said, repeatedly, that Waterboarding is Torture.