As the Senate Democrats complete another sad concession to President Bush, and confirms a nominee who refuses to declare “water-boarding” torture, allow me to offer a brief historical reminder: the Senate Judiciary Committee has conspicuously forgotten that there are direct situational and historical parallels with Judge Mukasey’s nomination to be Attorney General and that of President Richard Nixon nominating Elliot Richardson to be Attorney General during Watergate.

Nixon’s Attorney General had been removed (and was later prosecuted for lying to Congress) – a situation not unlike Alberto Gonzales’s leaving the job under such a cloud. Nixon was under deep suspicion of covering up the true facts relating to the bungled break-in at the Democratic National Committee headquarters at the Watergate, not to mention widespread rumors that he had engaged in abuses of power and corrupt campaign practices. Today, Bush is under even deeper suspicion for activities far more serious than anything Nixon engaged in for there is evidence Bush has abused the laws of war, violated treaties, and ordered (or approved) the use of torture and political renditions, which are war crimes.

Since Judge Mukasey’s situation is not unlike that facing Elliot Richardson when he was appointed Attorney General during Watergate, why should not the Senate Judiciary Committee similarly make it a quid pro quo for his confirmation that he appoint a special prosecutor to investigate war crimes? Richardson was only confirmed when he agreed to appoint a special prosecutor, which, of course, he did. And when Nixon fired that prosecutor, Archibald Cox, it lead to his impeachment.

. He needs only promise in a secret annual meeting that he'll use it to invest in the Pakistani people. And whatever happens as the result of Rice's review, few Pakistan watchers expect the cash transfers to end.

About $10.58 billion has gone to Pakistan since 9/11. That puts Pakistan in an elite category of U.S. foreign-aid recipients: only Israel, Egypt and Jordan get more or comparable U.S. funding. (That's only in the unclassified budget: the covert-operations budget surely includes millions more, according to knowledgeable observers.) While Israel and Egypt get more money, Pakistan and Jordan are the only countries that get U.S. cash from four major funding streams: development assistance, security assistance, "budget support" and Coalition Support Funds. Pakistan, however, gets most of its U.S. assistance from Coalition Support Funds and from budget support. And it's those two funding streams that have minimal accountability at best.

The "budget support" package is the lion's share of U.S. economic assistance to Pakistan -- and it's not spent in conjunction with any U.S. agency. "It's a cash transfer," says Lisa Curtis, a South Asia analyst at the Heritage Foundation who used to work on the South Asia desk at the State Department and for Sen. Richard Lugar (R-ID). "That goes directly to the Pakistani treasury." It totalled around $200 million each year until earlier this year, when Rep. John Tierney (D-MA) plucked $75 million of out of it and put it in an education fund for USAID to administer. In theory, budget support is supposed to free up the treasuries of the four countries that receive it for investing in their national infrastructure. But in practice, recipients can do with it whatever they like. "The notion is it gives them greater flexibility on how to use the money," explains Craig Cohen, vice president of the Center for Strategic and International Studies. "The trade-off is accountability."

In Pakistan's case, the only oversight is an annual agreement, known as the Shared Objectives statement, whereby top State Department and Treasury Department officials receive from Musharraf deputies -- usually Prime Minister Shawkat Aziz -- an explanation of how Musharraf intends to spend the money. The agreement is reached entirely in secret. "A good question is what are the objectives we're basing this budget support on," Cohen says.

Accountability also suffers in the Coalition Support Funds. According to Rick Barton of CSIS, who spearheaded perhaps the most comprehensive <a href="http://www.csis.org/images/stories/pcr/070727_pakistan.pdf">report</a> on the murky world of U.S.-Pakistan ties, Pakistan has gotten over $6 billion in Coalition Support Funds since 9/11, with disbursements rising to total about $100 million a month. This, too, is a direct cash transfer. "The Coalition Support funding is basically a sort of a handshake deal between militaries," Barton says. "We don’t have good sense where it goes. ... we don't ask a lot of questions, and we don't have a lot of record-keeping. "

Only about ten percent of the $10.58 billion since 9/11 has gone toward development aid and humanitarian assistance, according to the CSIS report -- even after Pakistan suffered a devastating earthquake in October 2005. "Close to 90 percent goes to the military-led government," Barton says. "Some of it is directly into the military, and the other pieces go into the Musharraf government."

In Pakistan, the military runs not just the government, but major sections of the economy as well. Joshua Hammer recently reported for The Atlantic that the Pakistani military owns large stakes in the country's "banks, cable-TV companies, insurance agencies, sugar refineries, private security firms, schools, airlines, cargo services, and textile factories." Mainlining largely untraceable money into the Pakistani treasury helps this system perpetuate itself -- even as widespread public discontent, from both moderates and radicals, boils over. It also sends the signal that the U.S. prefers to have relations with Pervez Musharraf rather than the Pakistani people.

"The whole orientation of policy and assistance provided since 9/11 is that he's the indispensable leader," says Cohen. "And the money runs through the central government and that leader."

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"If they've done something massively illegal and unconstitutional -- well, they should suffer the consequences," Klein said. "It's not my place to feel bad for them. They made their bed, they have to lie in it. The ones who did [anything wrong], you can be sure, are high up in the company. Not the average Joes, who I enjoyed working with."

The Bush administration says granting immunity is a matter of basic fairness. One (occasional) administration dissenter from the surveillance program, ex-AG John Ashcroft, agrees -- though Ashcroft now lobbies on behalf of telecoms, so that might, um, inform his perspective.

Klein says that AT&T and its affiliates (and competitors) didn't just give the NSA domestic-to-overseas communications, and it didn't just give subscriber information known as "metadata." It gave them everything:

In an interview yesterday, he alleged that the NSA set up a system that vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T . Contrary to the government's depiction of its surveillance program as aimed at overseas terrorists, Klein said, much of the data sent through AT&T to the NSA was purely domestic. Klein said he believes that the NSA was analyzing the records for usage patterns as well as for content. ...

One of Klein's documents listed links to 16 entities, including Global Crossing, a large provider of voice and data services in the United States and abroad; UUNet, a large Internet provider in Northern Virginia now owned by Verizon; Level 3 Communications, which provides local, long-distance and data transmission in the United States and overseas; and more familiar names such as Sprint and Qwest. It also included data exchanges MAE-West and PAIX, or Palo Alto Internet Exchange, facilities where telecom carriers hand off Internet traffic to each other.

MSNBC television pundit and former Republican Congressman Joe Scarborough quickly spoke out in its favor. On his morning television broadcast, he asserted, without any basis in fact, that the efficacy of the waterboard a viable tool to be used on Al Qaeda suspects.

Scarborough said, "For those who don't know, waterboarding is what we did to Khalid Sheikh Mohammed, who is the Al Qaeda number two guy that planned 9/11. And he talked …" He then speculated that “If you ask Americans whether they think it's okay for us to waterboard in a controlled environment … 90% of Americans will say 'yes.'” Sensing that what he was saying sounded extreme, he then claimed he did not support torture but that waterboarding was debatable as a technique: "You know, that's the debate. Is waterboarding torture? … I don't want the United States to engage in the type of torture that [Senator] John McCain had to endure."

In fact, waterboarding is just the type of torture then Lt. Commander John McCain had to endure at the hands of the North Vietnamese. As a former Master Instructor and Chief of Training at the US Navy Survival, Evasion, Resistance and Escape School (SERE) in San Diego, California I know the waterboard personally and intimately. SERE staff were required undergo the waterboard at its fullest. I was no exception. I have personally led, witnessed and supervised waterboarding of hundreds of people. It has been reported that both the Army and Navy SERE school’s interrogation manuals were used to form the interrogation techniques used by the US army and the CIA for its terror suspects. What was not mentioned in most articles was that SERE was designed to show how an evil totalitarian, enemy would use torture at the slightest whim. If this is the case, then waterboarding is unquestionably being used as torture technique.

The carnival-like he-said, she-said of the legality of Enhanced Interrogation Techniques has become a form of doublespeak worthy of Catch-22. Having been subjected to them all, I know these techniques, if in fact they are actually being used, are not dangerous when applied in training for short periods. However, when performed with even moderate intensity over an extended time on an unsuspecting prisoner – it is torture, without doubt. Couple that with waterboarding and the entire medley not only “shock the conscience” as the statute forbids -it would terrify you. Most people can not stand to watch a high intensity kinetic interrogation. One has to overcome basic human decency to endure watching or causing the effects. The brutality would force you into a personal moral dilemma between humanity and hatred. It would leave you to question the meaning of what it is to be an American.

We live at a time where Americans, completely uninformed by an incurious media and enthralled by vengeance-based fantasy television shows like “24”, are actually cheering and encouraging such torture as justifiable revenge for the September 11 attacks. Having been a rescuer in one of those incidents and personally affected by both attacks, I am bewildered at how casually we have thrown off the mantle of world-leader in justice and honor. Who we have become? Because at this juncture, after Abu Ghraieb and other undignified exposed incidents of murder and torture, we appear to have become no better than our opponents.

With regards to the waterboard, I want to set the record straight so the apologists can finally embrace the fact that they condone and encourage torture.

History’s Lessons Ignored

Before arriving for my assignment at SERE, I traveled to Cambodia to visit the torture camps of the Khmer Rouge. The country had just opened for tourism and the effect of the genocide was still heavy in the air. I wanted to know how real torturers and terror camp guards would behave and learn how to resist them from survivors of such horrors. I had previously visited the Nazi death camps Dachau and Bergen-Belsen. I had met and interviewed survivors of Buchenwald, Auschwitz and Magdeburg when I visited Yad Vashem in Jerusalem. However, it was in the S-21 death camp known as Tuol Sleng, in downtown Phnom Penh, where I found a perfectly intact inclined waterboard. Next to it was the painting on how it was used. It was cruder than ours mainly because they used metal shackles to strap the victim down, and a tin flower pot sprinkler to regulate the water flow rate, but it was the same device I would be subjected to a few weeks later.

On a Mekong River trip, I met a 60-year-old man, happy to be alive and a cheerful travel companion, who survived the genocide and torture … he spoke openly about it and gave me a valuable lesson: “If you want to survive, you must learn that ‘walking through a low door means you have to be able to bow.’” He told his interrogators everything they wanted to know including the truth. They rarely stopped. In torture, he confessed to being a hermaphrodite, a CIA spy, a Buddhist Monk, a Catholic Bishop and the son of the king of Cambodia. He was actually just a school teacher whose crime was that he once spoke French. He remembered “the Barrel” version of waterboarding quite well. Head first until the water filled the lungs, then you talk.

Once at SERE and tasked to rewrite the Navy SERE program for the first time since the Vietnam War, we incorporated interrogation and torture techniques from the Middle East, Latin America and South Asia into the curriculum. In the process, I studied hundreds of classified written reports, dozens of personal memoirs of American captives from the French-Indian Wars and the American Revolution to the Argentinean ‘Dirty War’ and Bosnia. There were endless hours of videotaped debriefings from World War Two, Korea, Vietnam and Gulf War POWs and interrogators. I devoured the hundreds of pages of debriefs and video reports including those of then Commander John McCain, Colonel Nick Rowe, Lt. Dieter Dengler and Admiral James Stockdale, the former Senior Ranking Officer of the Hanoi Hilton. All of them had been tortured by the Vietnamese, Pathet Lao or Cambodians. The minutiae of North Vietnamese torture techniques was discussed with our staff advisor and former Hanoi Hilton POW Doug Hegdahl as well as discussions with Admiral Stockdale himself. The waterboard was clearly one of the tools dictators and totalitarian regimes preferred.