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.
Aridog:
“On a similar vein, please tell me that the only leading candidates for 2016 are not Jeb Bush and Hillary Clinton. Please. You mean to tell me that in a nation of 300+ million souls there is not another field of potential leaders to look at? And pleaase, pretty please don’t propose Senator Warren…last thing we need about now is a Cherokee White Lady in the White house.”
You would think that we could produce a better pool of candidates. I yearn for a Mr Smith Goes to Washington type, free from owing any special interest anything. Not like a regular politician. You know, someone with a soul.
One of the biggest problems is that we have less access to North Korea than we do in the ME. It’s significantly harder to send in black opps to yank terrorists out by the collar.
What is especially troubling to me is the consequences. North Korea threatened a 9/11 attack on theaters if they showed a film they disliked. We acquiesced. Nothing happened to those who made the threat.
Other terrorists around the world will learn from this, and become emboldened. This does not bode well, but I do not have a solution.
I’m sure Kerry’s looking for a smoking gun YouTube video right now. That’s the question Karen. If what was just in the CNN breaking news email said, and if N. Korea is behind these threats, what now? It’s nauseating to think that chubby brat could interrupt our life like that. This is a different situation, we clearly have a state actor here. This is a related, but new scenario (not including the “are they” or “are they not” Saudis).
Darren – great post.
This reminds me of all the second guessing after 9/11. “How could we have prevented this?” was on everyone’s lips. Government agencies were skewered for their failures to communicate with each other, get intel, and prevent the deaths of thousands of innocent people.
I cannot locate many articles on water-boarding prior to the year 2000. I did find an article by Evan Wallach, who is now a judge. I noticed that most of the articles on water-boarding are based on his article. However, judge Wallach is a registered Democrat and perhaps based his article on his dislike of Cheney and or Bush. I find all of these articles on water-boarding fake in their nature and the author is always indignant of the act and give details that cannot be verified.
Waterboarding Used to Be a Crime – By Evan Wallach
Sunday, November 4, 2007
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/02/AR2007110201170.html
Below is his current registration for the Democratic party:
Borough of Manhattan, New York City Detail – Record Details
Voter ID 411139074
Last Name WALLACH First Name EVAN Middle Initial M
Street Address XX WEST 87 STREET Apartment No. XX City Manhattan
ZIP Code 10024 ZIP+4 Code
Date of Birth Dec 31 1954 Gender M
Political Party Affiliation DEM
Election District 011 Assembly District 69
Congress District 10 Council District 06 Senate District 29
Civil Court District 05 Judicial District 01
Registration Date Aug 29 2012 Status Code A
Eff. Status Change Date Aug 29 2012 Year Last Voted 2013
Nick and Slohrss:
I don’t blame Sony for caving. There was a credible terrorist threat against any theatre that aired the movie. The theaters didn’t want to show it. And the liability was probably too great for the rest to risk it.
Is this how things are going to be? Can terrorists dictate our every move now, and what movies we are allowed to make or watch? It’s shocking that there seems to be no repercussions against the terrorists making these threats.
I’m sure John Kerry will make it all better. Where’s Hillary with her reset button?
Terrorists are getting more emboldened to act against the US. We will regret putting forth such a weak front.
Msjette:
The terrorists were all shot and killed by the Pakistani army during the attack. But there are plenty more who were involved.
It takes a kind of depravity for which there is no cure to deliberately murder a child, especially in the name of their god. And to burn female teachers alive, just because they dared to educate girls is unbelievably savage.
JOHN McCAIN was NOT tortured in Vietnam. Just the opposite. He was given special treatment, and some of his fellow POWs know full well that McCain committed treason. He is not a war hero or any other kind of hero.
ASK ANY FAMILY of a MIA, AND THEY’LL TELL YOU THAT McCAIN has done everything in his power to THWART efforts to investigate what happened to their loved one that is still MIA.
I often mention books here and get little response. Do folks here read anything but this blog. Read Unbroken or go see the flick for chrissake. That was torture!
Congress knew all about water boarding. Dems are suddenly making headlines, and pleading innocence about it, because they got hammered at the voting booth. They’re trying to get the nation talking about something other than Obamacare, and if people get killed because they released their names, then fine.
Yes, we should always analyze if we cross the line in interrogation techniques, and strive to improve. No we should not release names unless charges are brought. And the Dems are absolutely lying about not being aware of this technique. I have heard interviews with
Anyone who thinks Gitmo is like a Japanese torture camp, is seriously uninformed. We didn’t dislocate anyone’s arms, ram bamboo rods up their nail beds, enslave the Chinese as “comfort women”, bury POW’s alive, use chemo and bio weapons against their enemies, etc.
When the Japanese water boarded, it lasted a LOT longer than 10 seconds. They interrogated prisoners during water boarding. The prisoner kept swallowing water as he tried to speak. When he was literally unable to swallow any more, the Japanese jumped on their distended stomach. Consuming that much water, alone, can kill you.
At Gitmo, most water boarding lasted no more than 10 seconds, and there was medical personnel nearby.
Let me state that I do not agree with water boarding, and I think we should find other, effective, interrogation techniques.
But to compare US and Japanese water boarding is disingenuous.
slohrss, Sony caved and pulled the movie’s release.
Interesting and kind of relevant situation. It seems as though it has been confirmed that North Korea was at the helm in making the threat of a terrorist action against a movie theatre. Hmmmmmmmm. Do we think there may be North Korean operatives with some kind of explosive devices ready to attack movie theaters? We have the threats and the source, do we start pulling people in who are under suspicion and work them over? Interesting situation to say the least. Is it a hoax? Maybe–but then again, maybe some agency told the picture company that there was indeed a possibility.
slohrss29 – I have heard that they are dropping copies of the movie into N. Korea by balloon. They have already been invaded by S. Korean mini-dramas so the end may be nigh.
Megyn Kelly’s interview with Dr Mitchell:
http://insider.foxnews.com/2014/12/15/exclusive-james-mitchell-man-who-interrogated-khalid-sheikh-mohammed-speaks-out-kelly
Dr Mitchell wrote a manual for American soldiers on how to withstand torture and interrogation if they were captured. He was recruited by the military after they found a terrorist manual that plagiarized his work, helping terrorists resist giving information to the US. At the time, we had intel that Al Qaeda was planning to smuggle a nuclear bomb into the US. Interrogators were under intense pressure to stop another 9/11. They were told what line they could go up to, and were commanded to go right up to that line. Dr Mitchell did not enjoy interrogations, but he had a very clear mission to save lives, while simultaneously ensuring the prisoners suffered no lasting damage. He restricted the length of time to far less than they were allowed, as part of his directive to not use excessive force. He also prevented prisoners from being water boarded who would be inappropriate.
His team was allowed to water board for up to 40 seconds, but they rarely exceeded 10. Sheikh Mohammed was not water boarded 87 times; that number referred to each individual dunking of about 10 seconds.
The CIA briefed Congress, including Diane Feinstein, who is now feigning ignorance.
It’s a good discussion to ensure we do not cross the line into torture, and if we do, to correct it. But to release the names of all involved puts many lives at risk. The White House, the CIA, the DOJ, etc all declared this practice legal. So to suddenly reveal the names of all involved, essentially making them, and their families, targets for terrorists, is reprehensible. They should have redacted those names from public view.
Dr Mitchell declared he shouldn’t have to die so that Democrats can score political points on an issue they were already aware of.
@Karen S
“My thoughts and prayers are with the Pakistani families mourning the savage murder of 148 people, mostly children, by the Taliban. They burned female teachers alive, and killed the principal by throwing a grenade through a vent into the bathroom where she had locked herself. Over a hundred are wounded, so the death toll will likely rise.”
Yes Karen and 137 of those dead are children. The democrats probably think the killers should just be spanked. I say torture the sob’s and then electrocute them. Better yet put a bomb in a room with them and give them 3 minutes to figure out why their about to be bombed to death.
“You give me a water board, Dick Cheney and one hour and I’ll have him confess to the Sharon Tate murders.” – Jesse Ventura (2009)
http://www.addictinginfo.org/2014/12/16/the-time-jesse-ventura-offered-to-waterboard-dick-cheney-video/
My thoughts and prayers are with the Pakistani families mourning the savage murder of 148 people, mostly children, by the Taliban. They burned female teachers alive, and killed the principal by throwing a grenade through a vent into the bathroom where she had locked herself. Over a hundred are wounded, so the death toll will likely rise.
I have researched the names Prof. Turley has in his column but I am unable to find any information on any of the above mentioned before the year 2000 and then in 2007, an article by Evan Wallach, who wrote about torture but he is a registered Democrat.
Alot of articles are based on Wallach’s own opinion and article. Otherwise, I am unable to verify any of what was written here. ‘m just not buying the argument here. Try again.
U.S. Prisoners of War and Civilian American Citizens Captured
and Interned by Japan in World War II: The Issue of Compensation by Japan:
Treaty of Peace with Japan
The Multilateral Treaty of Peace with Japan — 3 UST 3169 (United States Treaties and Other International Agreements), TIAS 2490 (Treaties and Other International Acts Series), September 8, 1951 – which officially ended the state of war between Japan and the Allies, stated in Chapter V (dealing with issues relating to claims and property), Article 14(a):
It is recognized that Japan should pay reparations to the Allied Powers for the damage and suffering caused by it during the war. Nevertheless it is also recognized that the resources of Japan are not presently sufficient, if it is to maintain a viable economy, to make complete reparation for all such damage and suffering and at the same time meet its other obligations.
In addition, Article 14 (b) stated:
Except as otherwise noted in the present Treaty, the Allied Powers waive all reparations claims of the Allied Powers, other claims of the Allied Powers and their nationals arising out of any actions taken by Japan and its nationals in the course of the prosecution of the war, and claims of the Allied Powers for direct military costs of occupation.
Chapter V, Article 16, of the Treaty, which addresses indemnification of Allied prisoners of war, stated:
As an expression of its desire to indemnify those members of the armed forces of the Allied Powers who suffered undue hardships while prisoners of war of Japan, Japan will transfer its assets and those of its nationals in countries which were neutral during the war, or which were at war with any of the Allied Powers, or, at its option, the equivalent of such assets, to the International Committee of the Red Cross which shall liquidate such assets and distribute the resultant fund to appropriate national agencies, for the benefit of former prisoners of war and their families on such basis as it may determine to be equitable.
In Chapter V, Article 19, Japan waived all war claims of Japan and its nationals against the Allied Powers.
Chapter VI, Article 26, of the Treaty, dealing with bilateral treaties of peace stated in part:
Should Japan make a peace settlement of war claims settlement with any State granting that State greater advantages than those provided by the present Treaty, those same advantages shall be extended to the parties to the present Treaty.
Thus in lieu of reparations, certain categories of Japanese assets in neutral countries or in countries with which the allied Powers were at war, as designated by the Treaty, were liquidated and the money was transferred to the International Committee of the Red Cross, which in turn was to distribute it to the appropriate national agency in each Allied government. Each Allied government was then to distribute it to its POW claimants on an equitable basis. However, since the United States had already paid out money to its POWs via the War Claims Commission, first claim on the $12.6 million in Japanese assets raised under the Treaty was given to POWs from other Allied countries.37
In 1995 an article in the Washington Times quoted Ken McKinnon, spokesman for the Department of Veterans Affairs, as saying, “The Veterans Administration has never seen evidence that research was done on the U.S. POWs. We would be more than willing to see new information on how POWs were treated and review the causes of injury and death.” Mr. McKinnon said that the VA depends on DOD for analysis and documentation in this area. The article then went on to say that a Pentagon spokesman said he had never heard about U.S. POWs and the germ-warfare experiments at Mukden.99.
http://www.history.navy.mil/library/online/usprisoners_japancomp.htm#treaty
Msjettexas – expecting to have the VA check up on this is not a good idea. There actually is a dept of the government which tracks down war criminals from WWII. They are a little behind. Mudken 99 was a trade-off. We agreed not to prosecute for war crimes in return for all the equipment, notes and results from the experiments. It was the Japanese version of Operation Paperclip.
Haz, believe I understand rendition far better than you. How could you have misunderstood your OWN article so completely? Now go find an article that states the countries in which Clinton rendered people to, waterboarded or tortured them. Also I’m not saying I agree with rendition, but seriously Haz, you need to do your homework. In your rush to point the finger elsewhere you made yourself look silly.
@Michael haz 5:24pm
Why change the subject?
How do you feel about being an apologist for a not so merry band of chicken hawk war criminal draft dodgers?