Showing posts with label torture. Show all posts
Showing posts with label torture. Show all posts

Saturday, May 23, 2009

Cheney's Fear

I'm not the first person to point out that Cheney is afraid of a lot of things. Remember his "undisclosed location" while Pres. Bush eventually returned to the White House after 9/11? Then there was his asking Google to "hide" his official residence from Google Earth (no such privilege for the White House).

This fear was on hand again in his most recent speech with his picture of terrorists waltzing into the U.S. with a nuclear weapon (something even countries like Iran and Korea seem to have trouble producing) and the need to do everything to prevent such a thing happening. This is his "1%" theory: if there is even a 1% chance of something bad happening, all measures to prevent (well, non-economic measures: consider the consequences if Conservatives applied this rule to climate change) are justified.

Think about this for a minute. Short of locking up everybody in prison, there is no way to make the country 100% safe. And if Gitmo is any example, our ability to identify potentially dangerous people is rather low. (So far, over s 500 or the some 800+ detained have been released - by the Bush Administration.)

Although I deplore pop psychology, I can't resist indulging in it. Cheney has suffered 4 heart attacks. Is it possible that Gitmo and torture are the price America has paid for a Vice President scared beyond reason of dying?

Friday, May 15, 2009

Obama to the Left: So What Choice Do You Have

In watching Obama back away from many of his campaign promises, might the Left conclude that Obama is to the Left as Bush was to the Far Right: more lip service than action?

Yes, the Shrub did actually support a lot of the right wing agenda but, to a large extent, Republicans have never given the far right religious component of the party what it has most wanted because, of course, Republicans know that that constituency has no other place to go.

So it is with the left and Obama. Regardless of his poll numbers in 2012, he will be the Democrat's nominee. The Republican is bound to be more conservative. So Obama can break every promise he has ever made and all the Left can do is complain.

The main question, however, is about Obama's continuing tendency to cave in. Remember all those pieces of the Stimulus Package he put in to please the Republicans? For which he got zip?

Then there's health care. He never promised what Hillary did - universal coverage - but month by month his criteria for reform have shrunk until they are limited to "lowering costs" and "improving access". In short, tinker around the edges and call it reform.

Guantanamo is still open. The pictures won't be released. Military tribunals are back. (Military tribunals, for those who don't know, are designed to convict. There is no presumption of innocence.)

His justice department continues, in court, to defend Bush positions.

Torture? Let's just forget the past, shall we? Cheney feels no compunction about attacking Obama, but Obama refuses to attack the Bush administration.

Leftists may ask themselves why. We Hillary supporters know why. Obama, like Bill Clinton, seems pathologically incapable of fighting for anything. Not being a psychologist, I don't know if this is because Bill and Obama simply don't like conflict or because there is simply nothing about which they feel strongly enough to be willing to fight for it. Maybe a bit of both.

The Left wanted Obama. Now they've got him and it turns out that he is, as anybody who had checked into his political history or listened to him campaign would know, Bush Light.

Wednesday, May 13, 2009

Torture - The Questions Not Asked

One of the most frustrating aspects of the debate on torture, besides the essential point that the United States of America has been for years now debating the fine points of what constitutes torture and what does not, is the absence of what seems to me to be the most basic and logical questions about the logical consequences of the arguments in favor of torture.

Lindsey Graham believes that torture is defined by
1. it's effectiveness. If it works, it isn't torture.
2. the target. If the target is a terrorist (e.g., a bad person), it isn't torture.
3. perceived danger. If Americans are threatened, it isn't torture.

Where do these assumptions leave us?
Under Graham's assumptions, the Spanish and Italian Inquisitors were justified in torturing Jews. They were, after all, heretics and the "killers of Christ". Under his assumptions, Jean D'Arc deserved her treatment. She was a heretic. Under Graham's assumptions, the Germans and Japanese were justified in torturing Allied soldiers and spies who, after all, had important knowledge about allied plans that would directly kill thousands upon thousands of German and Japanese citizens. The Vichy French were justified in torturing French Partisans, for the same reason.

Think about the fire-bombing of Dresden and Tokyo. Hiroshima and Nagasaki. Using Graham's definitions, the Germans and the Japanese would have been well within their rights to torture any person, soldier or civilian (e.g., a spy), who might have had knowledge that would help those nations protect their cities and citizens. (For all we know, had the Japanese understood what an atom bomb could do, they might have surrendered. We didn't give them the chance. We didn't even give them time to contemplate the effects of Hiroshima before we dropped another bomb on Nagasaki.)

If a nation's being in danger is the sole justification required, then every nation in every war, whether conventional or guerrilla, is justified in torturing anybody it captures who may, and I emphasize may, have knowledge that could limit or prevent the loss of life on the side of the questioner. Indeed, followed to its logical conclusion, guerrillas and rebels (such as the Viet Cong and the North Vietnamese) are justified in using these techniques against the people they capture, for exactly the same reason.

If preventing loss of life is the primary justification, why don't we let police pick up potential criminals and torture them? Or use these "enhanced interrogation techniques" against people who have been arrested? The U.S. had and has a number of very violent people who have committed or who might commit horrendous crimes. Shouldn't our police have been permitted to use these techniques on the unibomber? Or on Timothy McVeigh, the Oklahoma City bomber? What is the difference between these people and Al-Kaeda?

Under Graham's propositions, the Russians were justified in torturing Francis Gary Powers. He was, after all, a spy (not a soldier captured on the battlefield). The North Koreans were justified in torturing the sailors of the USS Pueblo.

Another Grahamism: well, maybe we shouldn't do these things but let's not tell our enemies. Excuse me? Maybe I've watched too many World War II movies, but didn't a number of enemy forces surrender to American troops at least in part because they knew they would be treated well?

If any of these "enhanced interrogation techniques" were applied against American soldiers or citizens by a foreign government would we consider them to be torture? Of course. Unless memory fails me, we have routinely objected to even such "mild" techniques as solitary confinement, sleep deprivation, noise, etc. when used against Americans. A definition of torture that is dependent on the target rather than the action is meaningless.

Torture Works?
If torture works, then the confessions of Americans captured by the North Koreans and the Vietnamese were not false, not coerced. They were true. After all, torture works.

Women in Salem, submitted as I recall to "mild" techniques such as multiple pin pricks, confessed to consorting with the devil. I suppose there may be some Christians believe this to be possible, but I suspect that most of us would conclude that these women were not telling the truth.

Legal Opinions
If all it takes is a legal opinion to sanction torture, then perhaps the Allied Forces owe the lawyers and judges convicted at Nüremberg pardons. After all, they were not relying on legal "opinions". They were enforcing the laws, the laws mind you, of a legally elected government.

Enemy Combatants
I loathe this term. Like the redefinition of what constitutes torture, it's only purpose is to remove those captured from the protections they would have as prisoners of war.

It is my understanding that most of the people at Guantanamo were captured on battlefields. We invaded Afghanistan. It doesn't matter whether that invasion was justified or not. Don't the residents of Afghanistan have a right to defend their country? Does that right disappear because they don't wear military uniforms? If that's the case, the British were justified in torturing the American rabble who had the nerve to rebel against the King.


The Definition of Torture

Under the Bush definition that anything short of organ failure isn't torture, where does that leave us?

It means it is legal to batter, break bones, use electric shocks against genitals, rape with or without physical instruments, pull out fingernails and toenails, burn the skin with cigarettes, etc. What would the U.S. government do if a foreign country used any of these techniques against an American found illegally in that country and believed to be engaged in activities which would result in the loss of life? Would we say "fine, as long as there is no organ failure or death"?

The Innocent
Hundreds of Guantanamo detainees were released by the Bush Administration because they were innocent. Think about that. They were imprisoned and subjected to "enhanced interrogation techniques" for years - and they were innocent.

Under torture, the guilty have choices. They can hold out until that mythical "ticking time bomb" goes off. They can issue repeated lies until that mythical "ticking time bomb" goes off. They can dribble out half-truths. They can tell the truth.

But the innocent have no choice but to lie, to create fantastical stories that will stop the pain because they have nothing to confess.

Given the numbers of prisoners released from Guantanamo, it would appear that our ability to accurately identify truly dangerous people is rather low.

I realize this doesn't matter to the supporters of torture. They operate under the 1% criterion. It's OK to torture 99 innocent people in order to get possibly useful information from one guilty person.

The torturers
Tell me, would you like to live next door to a person who spent his or her days torturing? Would you like your son or daughter to marry a person whose job is to torture? Would you feel comfortable having a torturer babysit your children? And, finally, what kind of people are capable of inflicting pain on another human being (OK, dentists and cancer specialists excepted) day in and day out? Would you want to be friends with them?

Am I nuts or shouldn't at least some of these questions be asked by the people who oppose torture?


American "Exceptionalism"

What is all comes down to, of course, on the part of those who approve of "enhanced interrogation techniques" (Newspeak of the highest order), is that Americans are different. Because we are "good", we can torture. Because our enemies are bad, they deserve to be tortured. Unfortunately, I don't know of any nation or group of people who can't defend torture on these very grounds.

p.s. Would somebody please send Lindsey Graham a copy of 1984?

p.p.s. If we put every American male over the age of 10 in jail we would probably reduce crime by what? 95%? Women and children could walk the streets in safety. Almost all physical abuse would end. So would most drug trade (yes women are users but most organized crime members are men). We wouldn't even have to torture them. Just hold them until they are too old to do any harm.

Friday, February 6, 2009

Núremburg Forgotten: No Criminal Action Against Torturers

Obama and Panetta (in his Senate confirmation hearing) have both asserted that people who committed acts of torture should not be prosecuted because they acted on the belief that what they were doing was legal.

One of the key principles that came out of the Núremburg hearings was that "obeying orders" was not a valid defense. Illegal acts cannot be justified by legal orders. Even judges were not allowed to take refuge behind the law.

But Feinstein and the other members on her committee, to say nothing of the President or Panetta, seem to have forgotten or ignored this historical precedent.

We learned to our horror during the past 8 years that a President of the U.S. can, in effect, give himself the powers of a Dictator. That none of our checks and balances, neither the Congress nor the Courts, can be depended upon to rein in declarations of such extraordinary powers. Our only hope, when it comes to torture, is that the people authorized to conduct it will refuse because they understand that, no matter who has ordered them to do it, they will face prosecution, sooner or later.

The Human Ticking Time Bomb

Frequently during some of the hearings, most recently for Leon Panetta and David Ogden, the question of the "human ticking time bomb" has come up in the context of the legitimacy of torture as a technique under those circumstances. And, as far I can tell, not one nominee presented with this hypothetical has attacked the logic behind it. Panetta, no doubt feeling pushed into a corner, admitted that he would ask the President for extraordinary authority if necessary.

Perhaps I should watch 24, but may I suggest the following answers to this question.

1. Based on our experience of Guantanamo detainees (to say nothing of our own criminal justice system) where more than 2/3 of the detainees have been repatriated because they didn't represent a danger to the U.S., this argument assumes that the "good guys" really have caught a "bad guy".

2. If the guy is indeed a "ticking time bomb", all he has to do is hold out under the torture until it's too late for his interrogators to do anything, or give them a story that will keep them occupied ("yea, I put the bomb in location X" - when it's really in location Y.)

3. What constitutes a situation of this gravity? This is a slippery slope argument. The possible injury or death of 1 person, 100 people, 1000 people? Does it matter if the threat appears to be a couple men with machine guns, a nuclear bomb, or anthrax?

4, We didn't torture during WWII, after we'd been attacked, when we were suffering enormous losses in the Pacific, at Normandy, etc. Is it really possible that the nation is in so much greater danger today than it was then? Then it was during the Revolutionary War? Do we today approve of what happened at Andersonville?

I'm sure others could come up with more objections to this hypothetical case. And it is well past time that we stopped letting this straw man be thrown at anybody who opposes torture without tearing it down.

David Ogden - Deputy Attorney General - Man Without Principles?

Watching the confirmation hearing for David Ogden's appointment as Deputy Attorney General may rank as the most frustrating and infuriating of all the confirmation hearings so far.

Either Mr. Ogden has no principles or was so fearful of saying something that might prevent his nomination, not very likely under the circumstances, that he was afraid to say anything that might upset anybody, esp. the Republicans on the committee.

In particular, he did everything but disavow his briefs in favor of libraries fighting the requirements for libraries to prevent access to internet pornography by minors in libraries, in support of a 14-year-old girl's right to an abortion without parental notification, against the death penalty for a man convicted of a murder when he was a minor, the use of international standards when trying to assess cruel and unusual punishments, and even a memo in praise of Harry Blackmun, for whom he clerked, on affirmative action (the U of M/Bakke case).

All of these briefs were, of course, criticized by Specter and Sessions, etc. And in all these cases, Mr. Ogden pretty much said he didn't really believe what he argued in his briefs, that he was acting on behalf of clients. Now, obviously, lawyers do often defend criminals they know to be guilty. But lawyers rarely take on these kinds of issues if they do not agree with their clients. We must thus conclude that Mr. Ogden has no principles when it comes to arguing constitutional cases, as long as he is being paid, or lacks the courage to defend his convictions. His disavowal of his praise for Blackmun's opinion pretty much proves that the latter explanation is the correct one.

Even worse, however, was the softball question from a Democrat about the Bush Justice memo stating that torture could be defined only as an act that resulted in the failure of a major organ. The Senator wanted to know how Ogden would respond to such an argument if it had been presented to him. Did Ogden say he would reject it outright? (Think about it: under this definition, you could beat somebody senseless, rape him or her, break bones, pull out fingernails and toenails, use electrodes to deliver high voltage electric shocks, even put somebody on the Inquisition's rack.) No. Mr. Ogden said he would talk to the lawyer who wrote the memo, try to understand the argument, consult with others, etc.

Mr. Ogden, in short, was unwilling to state, point blank, that torture is wrong. Indeed, he bent over backwards to assure the committee that terrorism was the greatest threat facing the U.S., that he would be vigorous in defense of the country, etc.

What on earth has happened to this country that Democratic nominees (even Leon Panetta in his confirmation hearing) are so afraid of being declared to be soft on terror that they refuse to say torture is wrong, period.