Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
This past week’s news reports of the Senate report on the CIA Torture program were both distressing and enlightening. I was dismayed to not only read what the full extent of the CIA’s Torture program was, but also when I read pundits and former CIA officials claim that rectal rehydration was merely a medical procedure! I was further discouraged when commenters on this blog made claims that waterboarding and other torture tactics were either necessary or what the devils deserved.
Very few pundits or commenters seem to care if the so-called Enhanced Interrogation techniques were legal or ethical when the CIA resorted to them shortly after 9/11. This “debate” over the actions taken in our name by the CIA has gone from a report based on the CIA’s own words to denials that the techniques were torture, to claims that great intelligence value was gained using the torture and claims that it was a biased report written by Democrats.
When we were attacked on September 11, 2001, most of the world was supporting the United States in its hours of grief and anger. What happened after the attacks quickly turned the tide of world opinion against us and created new enemies. When the CIA delved into its historical “playbook” to devise black sites and brutal interrogation techniques, the result, in my opinion, was a loss of our ethical and legal bearings that are still out of whack today.
When our greatest generation fought enemies stronger and just as brutal as what we face today, our forces were held to a higher standard than the enemy we were fighting. The idea that America does not torture or mistreat its prisoners or enemies is not a new one. It dates back at least to when General George Washington decided that British regulars and paid mercenaries fighting for the British were not to be mistreated in our detention facilities.
He made that decision knowing what too many of our soldiers had experienced under the hands of the British forces. We were supposed to be better than our enemies.
When the CIA delved into the black sites and torture techniques, another US agency, the FBI balked and questioned the tactics being practiced by the CIA. The FBI was gaining valuable information from al Qaeda operative, Abu Zubaydah, after his capture in March of 2002, but that all changed when he was put into isolation for 47 days.
“The Senate report describes the F.B.I. questioning — both in the hospital and later at the black site — as successful. Intelligence reports indicate he provided valuable information, but denied knowing anything about plots against America. But agency officials believed he was holding out. In response, Mr. Mitchell offered a menu of interrogation options.
While C.I.A. and Justice Department lawyers debated the legality of the tactics, the report reveals, Mr. Zubaydah was left alone in a cell in Thailand for 47 days. The Senate report asserts that isolation, not resistance, was the reason he stopped talking in June. Mr. Soufan said he was livid when he read that. “What kind of ticking-bomb scenario is this if you can leave him in isolation for 47 days?” he said.
For three weeks in August 2002, Mr. Zubaydah was questioned using the harshest measures available, including waterboarding. But the Senate report says he never revealed information about a plot against the United States. The C.I.A. concluded he had no such information.” New York Times
The CIA has used harsh interrogation and torture during past wars and conflicts and eventually the agency was brought under control. Waterboarding is torture, no matter what name it is given. Isolation, rectal rehydration, sleep deprivation, to name a few, are torture. We have prosecuted past enemies for waterboarding and even some of our soldiers who crossed the legal and moral line.
Why is it now only a crime if our enemies do it to us? Will we regain the soul of America again and finally get past partisan grievances to retake the moral standing of our nation?
We talk often on this blog about the rule of law. Whether it is a President who is grabbing more power for the Executive Branch or citizens of color who seemingly are undervalued by our Justice system. An argument can be made that ever since money starting taking control of our government, we have lost our rule of law because the wealthy and powerful seem to be immune to prosecution. Does the CIA stand above the rule of law?
Will the CIA be brought under control? Will government officials who authorized the torture and those that carried it out and those that refused to prosecute it be brought to justice? I submit that if we do not get control over the CIA our collective souls will continue to suffer in our eyes and in the eyes of the world. As Ali H. Soufan, the former FBI interrogator mentioned earlier says, our actions have consequences.
“‘We played into the enemy’s hand,” said Ali H. Soufan, a former F.B.I. agent who clashed with the C.I.A. over its interrogation tactics. “Now we have American hostages in orange jumpsuits because we put people in orange jumpsuits.”’ New York Times It is an overused phrase, but it fits here:
“The whole world is watching.”
Only we can resurrect the soul of America. We are better than torture. At least we used to be.
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Olly
Whose lives did ISIS save torturing these Christians?
No Max, no one here is saying they want these techniques used; I simply don’t want them off the table if they can save even one life.
I’ll ask my question again:
If your innocent loved ones were being held hostage by terrorists, would you eliminate EIT/Torture as an option?
Olly,
That picture you posted, context of place and time, context of victim and of accused is helpful.
My argument is simply this:
Bad guys torture.
It is one thing that differentiates them from the good guys.
America tortured.
Our Government decided to become more like those bad guys.
Shame.
Those are human beings; they are also Christians.
Paul,
I would say that the first person to pardon is John Kiriakou…
https://twitter.com/JohnKiriakou/status/542294196129112064
Olly,
Are those “westerners”?
Excellent article, Thank you.
I watched Dick Cheney this morning. After hearing him talk I can only assume he is a sadistic person in need of psychological therapy. Keep him away from pets and small children (and guns).
It is sickening what we did. We very badly need prosecutions or at the least, pardons and a truth and reconciliation commission. I fear we will get neither.
Olly
You want me to say, “You win. Torture is morally correct and the USA should use it”?
Jeso. I just read every single comment. I hope my comment is not deleted for saying Jeso. But Jeso. Why cant we get along? Who said that anyway? Rodney King? Somebody like that. But, on the other hand, after reading all the comments I have changed my dog mind. A little water on the board or up the rear is not so bad if you get some results which saves one life. As long as the enema does not kill the enemy and he gives up something valuable and I don’t mean poop, then perhaps its acceptable. I am changing my tune from Liberal to Conservative and saying to hell with Nuremberg Trial precedents and enema pundits. I think, therefore I am.
Hunters wear orange garb like that as well.
We could trade pictures all night long. Do you want to see headless children? Headless women? Starved to death children? A naked woman having her blood drained from her neck until she dies?
If you get locked up for shoplifting in the US, you get an orange jumpsuit in many county jails.
IS – In Maricopa County you get pink underwear as well as an orange jumpsuit.
Explain the attire of these victims? I don’t know if the picture will show but you can click on the link.
http://images.catholic.org/media/2014/08/08/14075169061961_700.jpg
When comments are deleted and no reason why is given, it isn’t torture, but it
people of goodwill should be concerned about why someone would want to do that, while simultaneously espousing free speech – even if not directly saying they support free speech.
Olly,
The answer to the above rhetorical question is all there for our eyes to witness…
http://upload.wikimedia.org/wikipedia/commons/6/65/Camp_x-ray_detainees.jpg
Olly
Why does ISIS put their prisoners they torture to death in orange jumpsuits?
Olly,
Yes, Chalie Manson’s gang murdered…
… Does that excuse murder when others do it?
Olly,
Yes, Kevin Coe raped people…
… Does that excuse rape when others do it?
This is the logic fallacy you’re using…
“It’s never torture when the USA does it”
Um, yes, it still is torture and yes, it still is evil and illegal even when we do it.
Olly,
How does one differentiate themselves when they use an evil act another does to excuse their own evil acts?
https://twitter.com/ColMorrisDavis/status/544230848510582785
“That’s a tactic on their part, to ask for a ridiculous amount of money so they can look like they tried to negotiate, but our side was unreasonable,” explained former FBI hostage negotiator Christopher Voss, “It is a ruse. It is an intentionally nonsubstantive demand. It’s a bit of the equivalent of al-Qaeda in Iraq asking for all U.S. forces to get out. They intentionally ask for something that won’t happen.”
Voss notes that the increase in hostage-taking itself, not just beheading, stems from how terrorist organizations have splintered over time. Former FBI hostage negotiator Gary Noesner believes this splintering explains the spread and evolution of beheading through different organizations. Smaller, greener groups like ISIS, the Caliphate Soldiers, and this Philippine division of Abu Sayyaf are looking to build an army, turning instead to the graphic death and accompanying video to prove themselves in the terrorist world.
Paul Cruickshank, a terrorism analyst, believes beheading videos, especially those with the most graphic content removed, are used to recruit new soldiers to terror groups. The terrorists distribute the videos through their media and various online message boards, “energizing” potential recruits, according to Cruickshank. Social media in particular, the CNN journalist says, has only enabled communication between extremists and would-be jihadis to join the caliphate. “You can interact with ISIS fighters in Syria in real time and that can serve as a sort of radical virtual echo chamber,” he said. “Some of these men almost have a pornographic attraction to these violent scenes, these violent beheading videos. It really sort of energizes them.”
http://www.theatlantic.com/international/archive/2014/10/beheadings-as-terror-marketing/381049/
Max,
What do you call it when you forego anal-rehydration, water-boarding, sleep-deprivation and secure your enemy’s hands behind their back and slice at their neck with a large knife until their head comes off?
Perhaps we should be asking the 13 hostages down in Sydney right now how they feel?