Hot Mic

Omakase

Amazon Search

Not the answer they were hoping for

In the New York Times today:

Attorney General Michael B. Mukasey said Tuesday that the harsh C.I.A. interrogation technique known as waterboarding was not clearly illegal, and suggested that it could be used against terrorism suspects once again if requested by the White House.

This is pretty much guaranteed to send Judiciary Chairman Patrick Leahy around the bend, but what’s the legislature to do?

If only there was a law!

Share

12 comments to Not the answer they were hoping for

  • Which perhaps they should pass, except oh yes, the Senate will fillibuster it.

    John Mc Cain is right on this subject and it diminishes the US as a nation. Not to mention the hidden message it sends to all the other nations.

    Mukasey was hired to be an adminstration hack so I am not suprised. The White House probably wrote the opinion-Justice just Xeroxed it.

  • lex

    C’mon now Skip – if they were really serious about water boarding as a form of torture they would relish the opportunity to watch a Republican senator filibuster it.

    Remember that senior Democrats were in the room when this policy was initially being discussed. It’s never been about elevated sensitivities, but rather whatever weapon they could wield to their partisan purposes.

  • Mike47

    I have yet to see a comprehensive, working definition of “torture” emerge in all of the national discussion. Everyone has their own understasnding of what constitutes ‘torture”, but there’s no governing definition (that I know of) to guide national decision-making on the subject. I must be wrong on this. Can anyone enlighten me?

  • From a purely pedantic point of view, the American Heritage Dictionary defines torture this way:

    1a. Infliction of severe physical pain as a means of punishment or coercion.
    1b. An instrument or a method for inflicting such pain. 2. Excruciating physical or mental pain; agony: the torture of waiting in suspense. 3. Something causing severe pain or anguish.

    Do the ends justify the means?

  • Steve

    But if they were to pass a law against waterboarding, they would be admitting that it isn’t already illegal.

    I don’t see what the fuss is – waterboarding is great fun for those of us who can’t quite get the hang of water skiis. Who’d want to outlaw that?

  • Brian R

    Kris, as I see it the problem with that definition is that it’s ultimately subjective. It uses words like “severe” and “excruciating.” Who is to say whether some particular action causes “severe pain,” or is merely “unpleasant”? As I understand the government, the answer to that is “the executive and judicial branches.”

    Congress is angry because those branches chose to draw the line in a different place than Congress claims they would have. But ultimately Congress has nobody to blame but themselves. They’re the ones who wrote a law with subjective definitions in it. If they want to dictate exactly what is and isn’t torture they should write a law explicitly defining it — just as Lex implied.

  • Zane

    Crap, every US soldier/sailor/marine/fuzzy type in sage green cammies that has been to SERE school has been waterboarded. It’s no fun. In fact, it really, really sucks. So are all those combatants damaged? Living with inflicted pain? Scarred for life?

    The only ones I know who really hate the practice of waterboarding are the ones in the island resort who spilled their guts in fear with the first drops. How do they live with themselves? I really don’t care.

  • Brian R: no disagreement from me. Those adjectives leave far too much open for interpretation and personal experience.

    My thoughts also lean towards Zane – if our own soldiers can endure and survive waterboarding without physical or psychological damage, then why do we care so much about terrorists?

    Sorry, but yes, they are lesser humans. IMO. YMMV.

  • The distinction in my mind, with waterboarding done at SERE as opposed to in the real world, is a matter of degree. How much of it is done in either place? When does it stop in the real world?

  • Not quite, Zane, only 1/2 have done it. East coast had a different way to have fun. :-(

    If extreme mental discomfort is considered torture, then Pelosi commits war crimes every time she opens her mouth.

  • Ahh, to define torture in a legally enforceable manner… kind of reminds me of Clinton and “is”. How do you define it? Torture for one man may not be intollerable for another. I’d rather spend a couple of minutes on the board than locked in a room with a continuous loop of the trash coming out of Hollywood these days. I remember the first night “in camp” at SERE in my little concrete dog house. Our captors were broadcasting the most hideous recordings over the PA and then for some unknown reason one of them put on Pink Floyd thinking it would continue the audio torture. Might have been torture for him but it was the best thing I heard all night.

    In the grand scheme of things do we really want the bad guys to know what will or will not happen to them should they fail to blow themselves up and end up as a POW? From a purely strategic standpoint, this should not be public knowledge nor should it be legislated.

  • Mike47

    Indeed, Steve. Well put. Perhaps Our Country would be best served with a stated policy of “No torture of U.S. Citizens” and leave the rest to speculation. I’d rather leave the enemy guessing, too. Outrageous to some people’s moralistic principles? Worth the price.

eXTReMe Tracker

View My Stats