I have long argued in my column as well as numerous blog postings that our country is legally bound to prosecute people responsible for ordering torture during the Bush Administration. There is no question that water boarding is torture as recognized by President Obama, Attorney General Holder, the United Nations and virtually every expert in this field. However, while you may want to try to rewrite legal precedent (as did John Yoo and Jay Bybee in their infamous Torture Memos), you should not try to rewrite history. That is what former Vice President Dick Cheney appears to be doing this month. He told Chuck Todd on Sunday that we never prosecuted anyone for water boarding — an assertion that I and others have repeatedly raised over the years. The statement is simply false and adds historical revisionism to legal revisionism in our sordid foray into torture.
On NBC’s “Meet the Press” this last Sunday, Todd asked: “When you say waterboarding is not torture then why did we prosecute Japanese soldiers?”
Cheney responded:
“Not for waterboarding. They did an awful lot of other stuff. To draw some kind of moral equivalent between waterboarding judged by our Justice Department not to be torture and what the Japanese did with the Bataan Death March, with slaughter of thousands of Americans, with the rape of Nanking and all of the other crimes they committed, that’s an outrage. It’s a really cheap shot, Chuck, to even try to draw a parallel between the Japanese who were prosecuted for war crimes after World War II and what we did with waterboarding three individuals — all of whom are guilty and participated in the 9/11 attacks.”
In fact, we did prosecute. Indeed, the International Military Tribunal for the Far East convicted and ultimately executed Japanese war criminals Akira Muto and Iwane Matsui for atrocities at Nanking. This included water boarding prisoner, though it was called “the water treatment” where “the victim was bound or otherwise secured in a prone position; and water was forced through his mouth and nostrils into his lungs and stomach until he lost consciousness.”
Moreover, in 1947, we prosecuted Yukio Asano for the following these specific acts:
Specification 1: That in or about July or August, 1943, the accused Yukio Asano, did willfully and unlawfully, brutally mistreat and torture Morris O. Killough, an American Prisoner of War, by beating and kicking him, by fastening him on a stretcher and pouring water up his nostrils.
Specification 2: That on or about 15 May, 1944, at Fukoka Prisoner of War Branch Camp Number 3, Kyushu, Japan, the accused Yukio Asano, did, willfully and unlawfully, brutally mistreat and torture Thomas B. Armitage, William O. Cash and Munroe Dave Woodall, American Prisoners of War, by beating and kicking them, by forcing water into their mouths and noses, and by pressing lighted cigarettes against their bodies.
Specification 5. That between 1 April, 1943 and 31 December, 1943, the accused Yukio Asano, did, willfully and unlawfully, brutally mistreat and torture John Henry Burton, an American Prisoner of War, by beating him, and by fastening him head downward on a stretcher and forcing water into his nose.
Asanao was sentenced to 15 years confinement at hard labor.
As noted by the Washington Post, First Lt. Seitara Hata, Sgt. Major Takeo Kita and Sgt. Hideji Nakamura faced similar charges. As noted by the Post, the testimony included that of Cpt. William Arno Bluehe who said “After beating me for a while they would lash me to a stretcher, then prop me up against a table with my head down. They would then pour about two gallons of water from a pitcher into my nose and mouth until I lost consciousness. When I revived they would repeat the beatings and ‘water cure’ . . . . The tortures and beatings continued for about six hours.”
Then there was Thomas B. Armitage:
“[We] were strapped to stretchers and warm water poured down our nostrils until we were about ready to pass out. [The Japanese] strapped him to a stretcher and elevated his feet and then poured on his face so that it was almost impossible for him to get his breath. [The victim] was then taken into the corridor, strapped to a stretcher, which was tilted so that his head was toward the floor and feet resting on a nearby sink.Water was then poured down his nose and mouth for about twenty minutes. Then I was taken into the hallway of the barracks. Both of the Japanese still insisting I was guilty and urging me to confess.”
Likewise, during the Vietnam War, an American soldier was court-martialed for water boarding a prisoner.
Ironically, while the Senate Report works hard to exonerate the Senators themselves from their past knowledge as well as Bush and Cheney, Cheney to his credit has admitted that both he and Bush were fully informed of the use of program.
The cost of our torture program — and the failure to prosecute a single official for it (or the destruction of evidence and false statements revealed in its aftermath) will continue to cost this country dearly. Countries like Iran, North Korea, and China have already cited our use of water boarding to defend against their own abuses. When our soldiers or citizens are water boarded in the future, countries will play back Cheney’s words and others to say that such abuse is not torture. When we demand that officials in other countries be prosecuted for torture, they will mock our hypocrisy and own history. As much as history may be an inconvenient contradiction for people like Cheney, it will remain unrevised and unvarnished. We have prosecuted both Americans and foreigners for water boarding and we were right to do so. That is not the history that we should work to forget.
Inga said …
Tell the DOJ to prosecute.
I repeat…starting with whom? Be specific, include all administrations that sponsored torture or rendition in any fashion.
BTW…the current DOJ declined to do just what you suggest. But carry on…
Aridog – it is amazing who the DOJ has failed to prosecute: Fast and Furious, IRS, and the list goes on and on and on. Not a hint of even an investigation with legitimacy.
Impeaching a lame duck is a waste of time…like whizzing in to the wind. I am far more concerned that we return to a Congress that formulates a formal annual budget and debates the appropriations in bipartisan fashion. There are only 12, it really is not that hard. Now that the “Cromnibus” has passed, there is absolutely no reason not to return to the normal budget process…which begins in February 2015 and has until 30 September 2015 to be resolved. They can do it…if they try.
http://www.care2.com/causes/tell-the-doj-to-prosecute-those-responsible-for-the-abhorrent-cia-torture-program.html
Tell the DOJ to prosecute.
Jettexas, if the new Congress is as concerned about Obama violating the Constitution as yo are, they can impeach him. Do you think they will have the courage to do it?
Inga said…
… prosecute all who allowed this illegal and immoral torture program to happen. All
Starting with whom? Bush43? Clinton? His predecessors? Who exactly? Be specific.
The law doesn’t stop crime…people who decide to not commit them do. I’d be more concerned about the now, not the when.
How many times do I have to say that?
Inga…your affection for the UN’s conflicted standards is amazing. Go ahead and yell. For my money the UN serves only the purpose I cited. Nothing more. A latter day League of Nations is equally fetid and purposeless….except to keep watch on the idiots. It fails on the basis of the power of a majority of weenie nations (dictatorship of the majority in a pure democracy comprised of tiny participants) to speak to issues they are equally guilty of themselves.
I’ll agree with rafflaw on principle, but your high evaluation of the UN doesn’t cut it. Not even close. It is all for the law, except when it applied to them. It is however a very nice building and provides well for the economy of NYC…so I am told.
Olly yells, “Burn the bit@h down!” But yes prosecute all who allowed this illegal and immoral torture program to happen. All.
Here is John McCain on Waterboarding flip flopping! Is he against it or not? This video was made with Matt Lauer in 2006. . . .
http://youtu.be/VIHHZ59aWoA
You can often discern someone’s mindset from the words they use. Please look @ the comments @ 1:32p and 1:34p. At 1:32p it is asserted the US violated the law vis a vis torture. At 1:34p the PROPER word of “allegedly” is used regarding other nations possible law violations. The left wing mayor of NYC Bill di Blasio has spoken often of his police violating the law regarding Eric Garner. No “allegedly” is used. He has convicted them. But, after viewing two of his cops being pummeled by a mob, he was careful using the word “allegedly” regarding the assault. The US VIOLATES laws prior to a trial or even indictment, according to the commenter @ 1:32p. But, another country “allegedly” violates a law by the same commenter 2 minutes later. I hope and pray this analysis is not “insulting.”
What I find dishonest about all of this, is the indignant Liberals who throw around prosecution in regards to the Bush Administration, but I sure don’t hear any of the same arguments coming from Liberals about how Obama has broken Constitutional laws!
He has been slapped down by SCOTUS three times for over reach of executive powers. Then yesterday, a federal judge ruled the same on his amnesty order.
You want to hang Bush and Chaney for your definition of law breaking in regards to torture of terrorists enemies of the United States. . . . but where’s your outrage for Obama, whose law breaking and lying has affected 100’s of millions of people in the United States and costs 100’s of millions?
Where’s the prosecutor to charge Obama for his intentional illegal executive orders against the Constitution of the United States?
Dianne Feinstein did more damage to the U.S. than Bush or Cheney’s supposed torture program! Where is the prosecutor for her?
Enough already, prosecute! But don’t stop until EVERYONE that has violated the oath of office and/or broken the law is convicted and is wearing orange jumpsuits. Go after EVERYONE that is corrupting our system as well. Keep going at the state and local levels. And while your at it; if you are finally going to put the constitution before ideology then be prepared to shutdown federal agencies that should not exist. Either go all the way or STFU!
I’d prosecute no one up to this date. I would prosecute anyone who violated the morality of not torturing henceforth. They’ve been warned by the cake-eaters in the Senate, after-all…never-the-less, now that it is a topic, being for it is barbaric…or so I am told here.
Can any one assure me that “torture” or other moral violations are not still going on?
I said I was conflicted on the subject and nothing here has relieved an iota of that issue.
A thoughtful and well reasoned post, Professor Turley.
A far cry from the tortured imitation of logic favored by the resident torture apologists.
“Uttered”? No, I actually yelled it. Damn, should used ALL CAPS.
Pogo said …
The only error here is thinking you can escape hell and try to make war ‘civilized,’ with lawyers and rules and courts.
Yes, indeed. That was tried in the age of “Chivalry.” It failed.
Inga uttered…
…Two top UN human rights officials …
Bwahahaha. Does the same pair that assert China and Iran are human rights champions?
The only reason to keep the UN on NYC soil is to be able to monitor the idiots housed therein. P*$$ ants yammering about what we do, ignoring what they do.
Don de Drain, Very thoughtful and substantive comment. There was a piece on MTP last Sunday. The reporter has spoken w/ people in the drone program. They are crapping their pants after seeing this hatchet job, partisan report. Some expressed deep concerns w/ the arbitrary nature of many of the strikes they have been ordered to perform. You seem savvy enough to know, whether it’s the CIA people who did these enhanced interrogations. or the guy pushing the button on the drone strikes, they are the ones who would be prosecuted. The higher ups always skate.
There is lying because you are required to by the Official Secrets Act and then there is lying to cover your a**. Obama uses the latter, Cheney uses the former.
Lying to the people is the least of dick Cheney’s crimes against humanity.
Of course SERE school is a valid comparison, it’s the source of the approved EITs (including hypothermia, sleep deprivation, and “walling”). And the techniques were chosen for SERE school precisely because they were uncomfortable (and required trainees to develop resistance techniques), but didn’t cause severe injury or unbearable pain.
I don’t see any reporters volunteering to undergo blowtorch application, drilling to hands, eye removal, or the other techniques diagrammed in the AQ torture manual: http://www.thesmokinggun.com/documents/crime/torture-al-qaeda-style
I suspect that’s because these things are obviously torture, and things like walling, and yes, waterboarding, really aren’t.
Patton took no prisoners, he is a hero. It’s war, and in the words of Al Davis, “Just win, baby.” You know, I was sort of on the fence about these techniques. I’m on the record here and elsewhere, saying that. The folks here whining and pontificating have pushed me toward the dark side.