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Old 04-18-2009, 06:45 PM   #41 (permalink)
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Originally Posted by pan6467 View Post
Let's start with ignoring Obama keeping the wiretaps.... NY Times talks about how evil they were under Bush but after reading the article, I fail to see where they mention Obama has kept them going. I don't know printing an article how W abused the program but not mentioning Obama is doing the same thing, kinda seems to me as ignoring the problem/whitewashing etc... no matter what it is it is in a form, IMHO, a way to let Obama off the hook for the same for the same abuses they yell W was taking.

http://www.nytimes.com/2009/04/16/us...iretaps&st=cse

As I am getting ready for work I took the easy one first, I will gladly after work or tomorrow show they verbal/written excuses for Obama.
"Let's start with ignoring Obama keeping the wiretaps?"

Who is ignoring them?
Nytimes first news story on Obama and continuing the wiretap program was done on November 17, 2008!
http://www.nytimes.com/2008/11/18/wa...ef=todayspaper

And is that your example of this rampant hypocrisy?
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Old 04-21-2009, 03:30 AM   #42 (permalink)
 
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two new elements related to this mess.

first, appealing to that fine means-ends rationality that manages so many ethical questions, i give you:
Quote:
Cheney demands release of CIA memos proving torture 'success'

Former US vice-president Cheney says CIA memos showed torture methods such as waterboarding delivered 'good' intelligence

* Ewan MacAskill and Robert Booth
* guardian.co.uk, Tuesday 21 April 2009 11.30 BST

The former US vice-president Dick Cheney has called for the disclosure of CIA memos which reveal the "success" of torture techniques, including waterboarding, used on al-Qaida suspects under the Bush administration..

Cheney said that, according to secret documents he has seen, the interrogation techniques, which the Obama administration now accepts amounted to torture, delivered "good" intelligence. He hinted that it had significant consequences for US security.

Cheney was speaking out in response to the release by Barack Obama of four Bush administration memos detailing the agency's interrogation methods used against al-Qaida suspects.

"One of the things that I find a little bit disturbing about this recent disclosure is they put out the legal memos, the memos that the CIA got from the Office of Legal Counsel, but they didn't put out the memos that showed the success of the effort," Cheney said in an appearance on Fox News.

"I haven't talked about it, but I know specifically of reports that I read, that I saw, that lay out what we learned through the interrogation process and what the consequences were for the country.

"I've now formally asked the CIA to take steps to declassify those memos so the American people have a chance to see what we obtained and what we learned and how good the intelligence was."

Obama yesterday visited CIA headquarters to defend the publication of the internal documents. The row gathered further momentum yesterday when it emerged that one detainee, Khalid Sheikh Mohammed, had been subjected to waterboarding 183 times and another, Abu Zubaydah, 83 times.

Obama is keen to try to put the row behind him, reluctant to see prosecutions that could be politically divisive and distract attention from his heavy domestic and foreign agenda.
Ewen MacAskill on Obama's reluctance to prosecute torturers Link to this audio

In a speech to about 1,000 staff aimed at restoring CIA morale, Obama, who promised last week that CIA operatives would not be prosecuted, reiterated that he would stand by them.

"Don't be discouraged by what's happened in the last few weeks," Obama said. "Don't be discouraged that we have to acknowledge potentially we've made some mistakes. That's how we learn."

At a private meeting with 50 rank-and-file CIA members at their headquarters in Langley, Virginia, before his speech, Obama heard "understandable anxiety and concern" from agents fearful of prosecution.

The CIA's director during the Bush administration, Michael Hayden, who criticised the release of the memos, warned on Sunday that agents could be vulnerable because of the memos, facing civil lawsuits or congressional inquiries.

Sensitive details were blacked out in the memos seen by most of the media on Thursday but over the weekend Marcy Wheeler, of the Emptywheel blog, found a copy in which crucial details were not masked.

That copy showed that Mohammed had been subjected to waterboarding – which simulates drowning – 183 times in March 2003. He had been arrested in Pakistan at the start of that month. Abu Zubaydah, a Saudi captured in Pakistan in March 2002, was subjected to waterboarding 83 times in August 2002.

Mohammed had admitted to involvement in terrorist actions before his capture but, after being interrogated, confessed to a list of incidents and plots that included the 1993 attack on the World Trade Centre in New York, as well as a plot to attack Heathrow, Big Ben and Canary Wharf, the beheading of the US journalist Daniel Pearl, and the Bali bombing.

Abu Zubaydah denied involvement with al-Qaida.

Obama, defending himself against those in the CIA who argued that he should not have released the memos, said legally he had no grounds for blocking a freedom of information request from the US human rights group, the American Civil Liberties Union.

"I acted primarily because of the exceptional circumstances that surrounded these memos, particularly the fact that so much of the information was public," Obama said.

Standing in front of a wall with 89 stars, each depicting an officer killed in action, Obama praised the CIA as the "tip of the spear" in protecting the US from its enemies.

Obama said he understood that intelligence officials must sometimes feel that they are working with one hand tied behind their backs. But, rebutting Hayden, he said: "What makes the United States special and what makes you special is precisely the fact that we are willing to uphold our values and our ideals even when it's hard, not just when it's easy, even when we are afraid and under threat, not just when its expedient to do so.

"So yes, you've got a harder job and so do I, and that's OK. And over the long term, that is why I believe we will defeat our enemies, because we're on the better side of history."

Hayden had argued that the harsher interrogation techniques had provided valuable information and said that the techniques did not amount to torture.

Human rights lawyers question the credibility of the confessions because they were obtained under duress.

The White House press secretary Robert Gibbs, when asked yesterday why Bush administration lawyers could not be prosecuted, said: "The president is focusing on looking forward."
Dick Cheney demands release of CIA memos proving torture 'success' | World news | guardian.co.uk

meanwhile, many human rights groups continue to press for criminal prosecution
and the obama administration continues walking the line it cannot really help but walk i suppose once the choice was made to demonstrate why nation-states cannot deal with prosecution of crimes against humanity carried by themselves...

Obama moves to calm CIA agents' fears over potential torture prosecution | World news | The Guardian
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Old 04-21-2009, 08:43 AM   #43 (permalink)
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I saw this on Huffington this morning and thought of this thread. Is waterboarding torture? How long could you last?

Journalist bets he can endure 15 seconds of waterboarding
Watch this carefully. Notice that the man is only slightly at an angle, head down feet up. He lasts about 6 seconds.

You aren't in a position to judge waterboarding until you've been waterboarded. It's a singular and unique experience that can't be equated with things like holding your breath underwater or withstanding pain. It's altogether different.
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Old 04-21-2009, 11:05 AM   #44 (permalink)
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Originally Posted by Willravel View Post
I saw this on Huffington this morning and thought of this thread. Is waterboarding torture? How long could you last?
I will go along with your logic for awhile and assume everything you have written is a given so far.

When does waterboarding become torture?

Is it torture at the same time for every person?

Is the threat of waterboarding torture?

Is describing waterboarding with a threat of it being done to a person torture?

Is being shown a videotape of someone being waterboarded with the threat of it being done to a person torture?

Is doing everything up the point of using water and not actually using the water torture?

Is putting a rag in someone mouth with no intent of waterboarding but when the person thinks they may be waterboarded actually torture?

Is being captured and thinking you may be waterboarded torture?

Pretend you are the AG and I am the Director of the CIA, and I have just asked you for clarification, what do you say?
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Old 04-21-2009, 11:38 AM   #45 (permalink)
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Quote:
Originally Posted by aceventura3 View Post
When does waterboarding become torture?
It is torture when used to coerce a confession, to punish, or to seek pleasure. Because waterboarding causes incredible mental stress and extreme discomfort, a discomfort which is worse than many instances of actual pain, it causes substantial and real suffering. This suffering is mental pain, and mental pain is listed as one of the two circumstances for torture, the other of course being physical pain.
Quote:
Originally Posted by aceventura3 View Post
Is it torture at the same time for every person?
It is the same torture because the reaction to waterboarding is innate to virtually every person. It is a survival instinct in humans to a combination of disorientation and drowning. I am unaware of anyone without the understood reaction to waterboarding. If there is such a person, the torture would not be the same, but short of finding that person and demonstrating his immunity to the process, I'd have to say it's virtually the same for everyone.
Quote:
Originally Posted by aceventura3 View Post
Is the threat of waterboarding torture?
No, but it's not an effective method of extracting information so I can't imagine it's use being necessary.
Quote:
Originally Posted by aceventura3 View Post
Is describing waterboarding with a threat of it being done to a person torture?
Same as above.
Quote:
Originally Posted by aceventura3 View Post
Is being shown a videotape of someone being waterboarded with the threat of it being done to a person torture?
Same.
Quote:
Originally Posted by aceventura3 View Post
Is doing everything up the point of using water and not actually using the water torture?
Same.
Quote:
Originally Posted by aceventura3 View Post
Is putting a rag in someone mouth with no intent of waterboarding but when the person thinks they may be waterboarded actually torture?
Same.
Quote:
Originally Posted by aceventura3 View Post
Is being captured and thinking you may be waterboarded torture?
Same.
Quote:
Originally Posted by aceventura3 View Post
Pretend you are the AG and I am the Director of the CIA, and I have just asked you for clarification, what do you say?
I'd suggest you use proven and legal techniques to extract intelligence instead of torture, and I'd warn you that should you ever be prosecuted for torturing it's entirely possible that there would be serious legal consequences for your decisions.

Then again I've never attended law school, never passed the bar, and I've never practiced law, so you'd probably want to take my recommendation with a grain of salt. My understanding of waterboarding and torture comes from what I learned of torture from professors, books, articles, and of course being waterboarded myself.
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Old 04-21-2009, 11:45 AM   #46 (permalink)
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Originally Posted by aceventura3 View Post
I will go along with your logic for awhile and assume everything you have written is a given so far.

When does waterboarding become torture?

Is it torture at the same time for every person?

Is the threat of waterboarding torture?

Is describing waterboarding with a threat of it being done to a person torture?

Is being shown a videotape of someone being waterboarded with the threat of it being done to a person torture?

Is doing everything up the point of using water and not actually using the water torture?

Is putting a rag in someone mouth with no intent of waterboarding but when the person thinks they may be waterboarded actually torture?

Is being captured and thinking you may be waterboarded torture?

Pretend you are the AG and I am the Director of the CIA, and I have just asked you for clarification, what do you say?

Well, considering that everything described in the memos goes far beyond what you are asking, I fail to see the relevance. In fact, the memos themselves outline waterboarding far beyond the extent that even the original ones allowed.

I don't think there is any gray area here that some republicans want to pretend there is.

What we have, from the memos, is waterboarding beyond even what those who were hellbent on authorizing them allowed, sometimes against people who the interrogators themselves thought were being cooperative, but were ordered to torture anyways, by people who were thousands of miles away from the interrogation room.
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Old 04-21-2009, 11:58 AM   #47 (permalink)
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Well, considering that everything described in the memos goes far beyond what you are asking, I fail to see the relevance.
The relevance is in the fact that there can be a fine line between theoretical judgments and practical guidelines. If Will addresses the basic essence of the questions, at the margins how is he going to be different than the people in the Bush justice department? He will use his interpretation of how he understands the law and waterboarding and try to give me guidance. the obvious direction of my questioning leads to the fact that at some point someone with a lower tolerance than his can sit in judgment of his interpretation. Should he then be subject to prosecution? Should I, for following his guidance?
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Old 04-21-2009, 12:01 PM   #48 (permalink)
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When you say lower tolerance are you talking about being waterboarded? Or are you speaking in generalities about what does or doesn't constitute any torture?
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Old 04-21-2009, 12:10 PM   #49 (permalink)
 
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ace, i don't see what you're arguing here. not even dick cheney is making the same claim you are--his justification for this is that, in his view, it "worked"---that this justification is tautological seems to be beside the point.

i have heard a similar line from gordon liddy though. but he's....well...he's gordon liddy.

i don't see that you have a leg to stand on, so i suspect you're playing some devil's advocate game or other.
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Old 04-21-2009, 12:19 PM   #50 (permalink)
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I'm pretty sure he's going for the "torture is in the eye of the beholder, therefore nothing is torture" argument.
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Old 04-21-2009, 12:22 PM   #51 (permalink)
 
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Senior Bush figures could be prosecuted for torture, says Obama | World news | guardian.co.uk

well apparently that isn't at all how the administration sees things, and it sure as hell isn't how most human rights groups see things.
this afternoon, the obama administration revealed that some of the senior bushpeople who were responsible for outlining the rationale for torture may face prosecution. the argument is that this entire episode represents a "loss of moral compass"...

which it does.
as do the defenses of it.

we'll see what happens with this.
but the ground's shifted on the bush apologists pretty quickly here.


btw it's funny to compare the guardian's version to that of the ny times:

http://www.nytimes.com/2009/04/22/us...ef=global-home

here obama "leaves the door open for the formation of a commission to investigate" the use of "harsh interrogation techniques."

isn't that precious?
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Old 04-21-2009, 12:27 PM   #52 (permalink)
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here obama "leaves the door open for the formation of a commission to investigate" the use of "harsh interrogation techniques."

isn't that precious?
lip service. what the people want to hear, but will never see happen. unless someone chooses to fall on a sword like Ollie North did.
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Old 04-21-2009, 12:29 PM   #53 (permalink)
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It is torture when used to coerce a confession, to punish, or to seek pleasure.
"coerce" a confession, to "punish"..., do you really want to stand by that? That seems pretty vague.

Quote:
Because waterboarding causes incredible mental stress and extreme discomfort, a discomfort which is worse than many instances of actual pain, it causes substantial and real suffering. This suffering is mental pain, and mental pain is listed as one of the two circumstances for torture, the other of course being physical pain.
What if a person has been trained and it does not cause that person "incredible" mental stress and "extreme" discomfort. How do we measure "incredible" and "extreme". Taking it to an extreme, if I had to watch Rachel Maddow's show for an extended period of time, I would be put under "incredible" mental stress. So far we are being very subjective, and it appears we don't know it torture until we can determine "ectreme" discomfort or "incredible" stress. what if we have a person who is willing to blow themselves up, how would waterboarding comparatively speaking be "increadible" stress, or "extreme" discomfort?

Quote:
It is the same torture because the reaction to waterboarding is innate to virtually every person. It is a survival instinct in humans to a combination of disorientation and drowning. I am unaware of anyone without the understood reaction to waterboarding. If there is such a person, the torture would not be the same, but short of finding that person and demonstrating his immunity to the process, I'd have to say it's virtually the same for everyone.
How do you reconcile your position above with the billions of people on this planet that react to things differently? You position here seems to defy what makes us unique humans.

Then if we do assume you are correct, I think it would be very simple to create of list of "torture" and "not torture", with no shades of gray, can you?

Quote:
No, but it's not an effective method of extracting information so I can't imagine it's use being necessary.

Same as above.
Not effective? Doesn't that depend? Earlier you wrote about "extreme" discomfort and "incredible" mental stress, what if the threat puts a person into those conditions?

Also, If "it" is not effective, what is?

Quote:
Same.

Same.

Same.

Same.

I'd suggest you use proven and legal techniques to extract intelligence instead of torture, and I'd warn you that should you ever be prosecuted for torturing it's entirely possible that there would be serious legal consequences for your decisions.
The point is - what is legal? So far, it is still not clear. waterboarding could be clearly defined as torture, what about being in a confined space with inspects? Some people live in highly insect infected areas, and others have a phobia to insects, couldn't that be torture to one and "normal" to another?

Quote:
Then again I've never attended law school, never passed the bar, and I've never practiced law, so you'd probably want to take my recommendation with a grain of salt. My understanding of waterboarding and torture comes from what I learned of torture from professors, books, articles, and of course being waterboarded myself.
This seems to contradict your earlier posts on torture. I would have thought torture would be very easy for you to identify when you saw it. I don't think law school... is needed. If it is needed, isn't that a problem for the CIA folks in the field needing to make decisions and act in some cases under short time pressures.

If I am your CIA agent and I creatively come up with a questioning method on the spot using what is available and a reasonable interpretation of the guidelines to save lives that you later deem slightly over the line how do you respond? Would I get the benefit of the doubt, do you throw the book at me to the full extent of your authority with no regard for the circumstances and the result?
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Old 04-21-2009, 12:33 PM   #54 (permalink)
 
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i maintain that this is a demonstration of how and why it is the case that there really is only one crime against humanity in the present nation-state system, and that crime is losing a war.

the only way this would not be the case would be for an international tribunal to conduct this investigation, file charges, undertake the process, etc..

national sovereignty encounters its limits in areas like torture. the price of allowing it to be determinate is not acceptable.
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Old 04-21-2009, 12:34 PM   #55 (permalink)
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Originally Posted by Willravel View Post
When you say lower tolerance are you talking about being waterboarded? Or are you speaking in generalities about what does or doesn't constitute any torture?
Both. I personally would not call waterboarding torture, you do. There may be things you consider torture that others don't. So there can be different tolerances to what torture is.
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Old 04-21-2009, 12:37 PM   #56 (permalink)
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Ace,
there is no gray area here, no matter how hard you try.

Legal precedent by American courts have deemed waterboarding torture.

And the CIA surpassed even whatever limits the Bush administration could legally justify.

---------- Post added at 12:37 PM ---------- Previous post was at 12:34 PM ----------

Quote:
Originally Posted by aceventura3 View Post
Both. I personally would not call waterboarding torture, you do. There may be things you consider torture that others don't. So there can be different tolerances to what torture is.
What techniques you have never experienced that you consider or not to be torture are completely irrelevant.

Legal precedent considers waterboarding torture. The state department under Bush considered waterboarding when done by other nations to be torture.

And even the fickle legal justification provided by less than ethical attorneys was surpassed, so even by the lax limits set by the Bush administration that constitutes torture.
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Old 04-21-2009, 12:43 PM   #57 (permalink)
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ace, i don't see what you're arguing here.
I am not arguing anything with my questions. I can formulate my argument for you after we see where the answers lead.

Quote:
not even dick cheney is making the same claim you are--

I have a one, but I am not Dick. What the point? I can't have a view unless Chaney shares it?

---------- Post added at 08:39 PM ---------- Previous post was at 08:37 PM ----------

Quote:
Originally Posted by Willravel View Post
I'm pretty sure he's going for the "torture is in the eye of the beholder, therefore nothing is torture" argument.
I am going for the - you can not define torture, so how the hell can you say a person is guilty of it until you do. Everything to this point has been vague and has lacked any clarity.

---------- Post added at 08:43 PM ---------- Previous post was at 08:39 PM ----------

Quote:
Originally Posted by roachboy View Post
i maintain that this is a demonstration of how and why it is the case that there really is only one crime against humanity in the present nation-state system, and that crime is losing a war.
I tend to agree with this.

Quote:
the only way this would not be the case would be for an international tribunal to conduct this investigation, file charges, undertake the process, etc..

national sovereignty encounters its limits in areas like torture. the price of allowing it to be determinate is not acceptable.
I can not imagine Democrats being so foolish as to let this issue be adjudicated by a counsel of other nations. To subject a prior administration to such a trial would be a joke.
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Old 04-21-2009, 12:45 PM   #58 (permalink)
 
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ace, darling, it's fine that you personally don't think that waterboarding is torture. what's important is that your opinion has nothing to do with the legal situation that defines torture. what's even more important is that people who think the way you do are no longer in power. and more than that is that those people who were in power and who formulated policy based on thinking like yours should face prosecution. and i personally would hope that they'd pay a heavy price for that policy. and if you were among those people, i would be hoping that you faced significant criminal charges for implementing policy based on your way of thinking.

but that thinking divorced from power is not interesting. i think you have no coherent arguments and that your politcally motivated interest in systematically refusing to accept any criticism of the bush administration bespeaks more a psychological situation than a loss of moral compass. because without the power to implement policy, your moral compass is your problem.

i just hope you don't imagine waterboarding to be so removed from torture that you'd try it on your dog. but i don't think you'd treat your dog that way.
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Old 04-21-2009, 12:51 PM   #59 (permalink)
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"coerce" a confession, to "punish"..., do you really want to stand by that? That seems pretty vague.
It's supposed to be all-inclusive to prevent any kind of torture. The last thing you want when authoring the definition of torture is to leave any loopholes. You don't want it to happen at all, ever. Unless you're sick, but sick people shouldn't really be allowed to author things like this.
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What if a person has been trained and it does not cause that person "incredible" mental stress and "extreme" discomfort. How do we measure "incredible" and "extreme". Taking it to an extreme, if I had to watch Rachel Maddow's show for an extended period of time, I would be put under "incredible" mental stress. So far we are being very subjective, and it appears we don't know it torture until we can determine "ectreme" discomfort or "incredible" stress. what if we have a person who is willing to blow themselves up, how would waterboarding comparatively speaking be "increadible" stress, or "extreme" discomfort?
It's childish to use hyperbole when talking about torture, Ace. Waterboarding is a singular experience, one unequatable to even drowning, but you're making jokes about Rachel Maddow? Have someone you trust waterboard you. It's not something that one can subjectively judge as perfectly fine just like having someone snap your arm isn't something one will subjectively judge. It's an experience that is the same regardless of who you are.

This isn't a game of theoretical states. It's real. It's happened, it's happening, and it will happen.
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How do you reconcile your position above with the billions of people on this planet that react to things differently? You position here seems to defy what makes us unique humans.
If I shoot you in the leg and then shoot someone else in the leg, no amount of uniqueness will dull the pain. It's the same.
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Originally Posted by aceventura3 View Post
Then if we do assume you are correct, I think it would be very simple to create of list of "torture" and "not torture", with no shades of gray, can you?
There is a legal definition that one can visit when unsure. It's pretty clear.
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Originally Posted by aceventura3 View Post
Not effective? Doesn't that depend? Earlier you wrote about "extreme" discomfort and "incredible" mental stress, what if the threat puts a person into those conditions?
No, it doesn't depend. For as long as humans have tortured for information, that information has been at the very best highly suspect and unreliable. That has never nor will ever change.

Quote:
[The conclusion of counterterrorist officials from agencies on both sides of the Atlantic] is unanimous: not only have coercive methods failed to generate significant and actionable intelligence, they have also caused the squandering of resources on a massive scale through false leads, chimerical plots, and unnecessary safety alerts—with Abu Zubaydah’s case one of the most glaring examples.
Tortured Reasoning | vanityfair.com

Torture has no redeeming quality whatsoever.
Quote:
Originally Posted by aceventura3 View Post
Also, If "it" is not effective, what is?
According to the people in the intelligence community, the most effective method for acquiring information from a detainee is positive reinforcement.
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Originally Posted by aceventura3 View Post
The point is - what is legal? So far, it is still not clear. waterboarding could be clearly defined as torture, what about being in a confined space with inspects? Some people live in highly inspect infected areas, and others have a phobia to insects, couldn't that be torture to one and "normal" to another?
You're making this way too relative and theoretical, which is allowing you to distance yourself from the visceral and undeniable truth of the situation. Again, I invite you to have someone you trust waterboard you. Then, for comparison, get in a box filled with crickets. You'll figure it out quickly
Quote:
Originally Posted by aceventura3 View Post
This seems to contradict your earlier posts on torture. I would have thought torture would be very easy for you to identify when you saw it. I don't think law school... is needed. If it is needed, isn't that a problem for the CIA folks in the field needing to make decisions and act in some cases under short time pressures.

If I am your CIA agent and I creatively come up with a questioning method on the spot using what is available and a reasonable interpretation of the guidelines to save lives that you later deem slightly over the line how do you respond? Would I get the benefit of the doubt, do you throw the book at me to the full extent of your authority with no regard for the circumstances and the result?
I'd not be able to tell you exactly what legal fate awaited you for torturing. That was my point. If I were AG, I'd tell you that waterboarding is torture, and that you'd be putting yourself in a very bad legal position for torturing, but consequences for people as high up as the CIA director aren't the same as they might be for Willravel or Aceventura. If I waterboarded someone, I'd go to jail. When the CIA does it, it can get covered up and made quite hazy.

The saving lives thing is irrelevant because, as I've said now hundreds of times on TFP, torture cannot yield reliable intelligence. You could just as easily cost lives as save them, and that's assuming you can even get the detainee to talk in anything other than gibberish. The idea that torturing a prisoner can save or has saved lives is ludicrous. If it weren't so disgusting, the idea would be laughable.

---------- Post added at 01:51 PM ---------- Previous post was at 01:50 PM ----------

Quote:
Originally Posted by aceventura3 View Post
Both. I personally would not call waterboarding torture...
You've never been waterboarded, so your opinion holds no weight. Go get waterboarded and we can have a real debate on the issue. I'm not exaggerating, it is nothing like what you would imagine.
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Old 04-21-2009, 12:55 PM   #60 (permalink)
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Quote:
Originally Posted by dippin View Post
Ace,
there is no gray area here, no matter how hard you try.

Legal precedent by American courts have deemed waterboarding torture.
What makes it torture? If that is defined then it can be applied to every type of questioning. If a 16 year-old kid gets pulled over by the police for alleged car theft and they cuff him, read him his rights, put him in the back seat of a police vehicle, they start to ask him questions in a loud stern voice, and say he is going to be taken in and he pisses his pants and then faints he so scared and under so much stress, based on what Will wrote that would be torture. He clearly had physical manifestations of extreme stress and he was being coerced. Then if he had to sit in his piss... I don't think that would be torture.

---------- Post added at 08:55 PM ---------- Previous post was at 08:52 PM ----------

Quote:
Originally Posted by roachboy View Post
ace, darling, it's fine that you personally don't think that waterboarding is torture.
That is why I went to the AG to get guidelines. But if Will actually gave guidlines, then would it be o.k. for you to use those against him?
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Old 04-21-2009, 12:56 PM   #61 (permalink)
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It bears repeating:
Quote:
...torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
UN Convention Against Torture
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Old 04-21-2009, 12:57 PM   #62 (permalink)
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Originally Posted by Willravel View Post
According to the people in the intelligence community, the most effective method for acquiring information from a detainee is positive reinforcement.
I disagree. Enough said.
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Old 04-21-2009, 01:11 PM   #63 (permalink)
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Quote:
Originally Posted by aceventura3 View Post
Both. I personally would not call waterboarding torture, you do. There may be things you consider torture that others don't. So there can be different tolerances to what torture is.
I have a real hard time understanding how anybody doesn't define waterboarding as torture. can you explain this to me? why it isn't torture in your opinion?
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Old 04-21-2009, 01:23 PM   #64 (permalink)
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Originally Posted by aceventura3 View Post
I disagree. Enough said.
Maybe you'd also like to give me your opinion about a car you've never driven? I could go on for days about a Koenigsegg CCX, tell you how fast it'll get you to 60 or where the torques peak, what the drag coefficient is compared to the Carrera GT, how they're built by hand, but I can't really offer an informed opinion without driving one, can I?
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Old 04-21-2009, 02:11 PM   #65 (permalink)
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"Water boarding is not torture." I can't even believe I'm reading this.

I can't trust a government who tortures, and I really can't trust a government who covers it up and lies about it. This is disgusting

How can we even trust a damn thing that comes out of the governments mouth? How many times does it take an Aphgan goat herder to get waterboarded before he claims to be with Al Qaida? Mark one for the good guys we got a terrorist... sheeeshh
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Old 04-22-2009, 05:15 AM   #66 (permalink)
 
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by coincidence, this is the lead story in this mornings ny times...

ace, you in particular might recognize something in this:

Quote:
In Adopting Harsh Tactics, No Inquiry Into Their Past Use
By SCOTT SHANE and MARK MAZZETTI

WASHINGTON — The program began with Central Intelligence Agency leaders in the grip of an alluring idea: They could get tough in terrorist interrogations without risking legal trouble by adopting a set of methods used on Americans during military training. How could that be torture?

In a series of high-level meetings in 2002, without a single dissent from cabinet members or lawmakers, the United States for the first time officially embraced the brutal methods of interrogation it had always condemned.

This extraordinary consensus was possible, an examination by The New York Times shows, largely because no one involved — not the top two C.I.A. officials who were pushing the program, not the senior aides to President George W. Bush, not the leaders of the Senate and House Intelligence Committees — investigated the gruesome origins of the techniques they were approving with little debate.

According to several former top officials involved in the discussions seven years ago, they did not know that the military training program, called SERE, for Survival, Evasion, Resistance and Escape, had been created decades earlier to give American pilots and soldiers a sample of the torture methods used by Communists in the Korean War, methods that had wrung false confessions from Americans.

Even George J. Tenet, the C.I.A. director who insisted that the agency had thoroughly researched its proposal and pressed it on other officials, did not examine the history of the most shocking method, the near-drowning technique known as waterboarding.

The top officials he briefed did not learn that waterboarding had been prosecuted by the United States in war-crimes trials after World War II and was a well-documented favorite of despotic governments since the Spanish Inquisition; one waterboard used under Pol Pot was even on display at the genocide museum in Cambodia.

They did not know that some veteran trainers from the SERE program itself had warned in internal memorandums that, morality aside, the methods were ineffective. Nor were most of the officials aware that the former military psychologist who played a central role in persuading C.I.A. officials to use the harsh methods had never conducted a real interrogation, or that the Justice Department lawyer most responsible for declaring the methods legal had idiosyncratic ideas that even the Bush Justice Department would later renounce.

The process was “a perfect storm of ignorance and enthusiasm,” a former C.I.A. official said.

Today, asked how it happened, Bush administration officials are finger-pointing. Some blame the C.I.A., while some former agency officials blame the Justice Department or the White House.

Philip D. Zelikow, who worked on interrogation issues as counselor to Secretary of State Condoleezza Rice in 2005 and 2006, said the flawed decision-making badly served Mr. Bush and the country.

“Competent staff work could have quickly canvassed relevant history, insights from the best law enforcement and military interrogators, and lessons from the painful British and Israeli experience,” Mr. Zelikow said. “Especially in a time of great stress, walking into this minefield, the president was entitled to get the most thoughtful and searching analysis our government could muster.”

After years of recriminations about torture and American values, Bush administration officials say it is easy to second-guess the decisions of 2002, when they feared that a new attack from Al Qaeda could come any moment.

If they shunned interrogation methods some thought might work, and an undetected bomb or bioweapon cost thousands of lives, where would the moral compass point today? It is a question that still haunts some officials. Others say that if they had known the full history of the interrogation methods or been able to anticipate how the issue would explode, they would have advised against using them.

This account is based on interviews with more than two dozen current and former senior officials of the C.I.A., White House, Justice Department and Congress. Nearly all, citing the possibility of future investigations, shared their recollections of the internal discussions of a classified program only on condition of anonymity.

Leaked to the news media months after they were first used, the C.I.A.’s interrogation methods would darken the country’s reputation, blur the moral distinction between terrorists and the Americans who hunted them, bring broad condemnation from Western allies and become a ready-made defense for governments accused of torture. The response has only intensified since Justice Department legal memos released last week showed that two prisoners were waterboarded 266 times and that C.I.A. interrogators were ordered to waterboard one of the captives despite their belief that he had no more information to divulge.

But according to many Bush administration officials, including former Vice President Dick Cheney and some intelligence officers who are critics of the coercive methods, the C.I.A. program would also produce an invaluable trove of information on Al Qaeda, including leads on the whereabouts of important operatives and on terror schemes discussed by Al Qaeda. Whether the same information could have been acquired using the traditional, noncoercive methods that the Federal Bureau of Investigation and the military have long used is impossible to say, and former Bush administration officials say they did not have the luxury of time to develop a more patient approach, given that they had intelligence warnings of further attacks.

Michael V. Hayden, who served as C.I.A. director for the last two years of the Bush administration, devoted part of his last press briefing in January to defending the C.I.A. program. “It worked,” Mr. Hayden insisted.

“I have said to all who will listen that the agency did none of this out of enthusiasm,” he said. “It did it out of duty. It did it with the best legal advice it had.”

A Program Takes Shape

When Mr. Bush assigned the C.I.A. with the task of questioning high-level Qaeda captives in late 2001, the agency had almost no experience interrogating the kind of hostile prisoners it soon expected to hold.

It had dozens of psychiatrists, psychologists, polygraphists and operations officers who had practiced the arts of eliciting information and assessing truthfulness. Their targets, however, were not usually terrorists, but foreigners offering to spy for the United States or C.I.A. employees suspected of misdeeds.

Agency officials, led by Mr. Tenet, sought interrogation advice from other countries. And, fatefully, they contacted the military unit that runs the SERE training program, the Joint Personnel Recovery Agency, which gives American pilots, special operations troops and others a sample of the brutal interrogation methods they might face as prisoners of war. Mr. Tenet declined to be interviewed.

By late 2001, the agency had contracted with James E. Mitchell, a psychologist with the SERE program who had monitored many mock interrogations but had never conducted any real ones, according to colleagues. He was known for his belief that a psychological concept called “learned helplessness” was crucial to successful interrogation.

Martin Seligman, a prominent professor of psychology at the University of Pennsylvania who had developed the concept, said in an interview that he was puzzled by Dr. Mitchell’s notion that learned helplessness was relevant to interrogation.

“I think helplessness would make someone more dependent, less defiant and more compliant,” Dr. Seligman said, “but I do not think it would lead reliably to more truth-telling.”

Still, forceful and brainy, Dr. Mitchell, who declined to comment for this article, became a persuasive player in high-level agency discussions about the best way to interrogate Qaeda prisoners. Eventually, along with another former SERE psychologist, Bruce Jessen, Dr. Mitchell helped persuade C.I.A. officials that Qaeda members were fundamentally different from the myriad personalities the agency routinely dealt with.

“Jim believed that people of this ilk would confess for only one reason: sheer terror,” said one C.I.A. official who had discussed the matter with Dr. Mitchell.

Overwhelmed with reports of potential threats and anguished that the agency had failed to stop the Sept. 11 attacks, Mr. Tenet and his top aides did not probe deeply into the prescription Dr. Mitchell so confidently presented: using the SERE tactics on Qaeda prisoners.

A little research on the origin of those methods would have given reason for doubt. Government studies in the 1950s found that Chinese Communist interrogators had produced false confessions from captured American pilots not with some kind of sinister “brainwashing” but with crude tactics: shackling the Americans to force them to stand for hours, keeping them in cold cells, disrupting their sleep and limiting access to food and hygiene.

“The Communists do not look upon these assaults as ‘torture,’ ” one 1956 study concluded. “But all of them produce great discomfort, and lead to serious disturbances of many bodily processes; there is no reason to differentiate them from any other form of torture.”

Worse, the study found that under such abusive treatment, a prisoner became “malleable and suggestible, and in some instances he may confabulate.”

In late 2001, about a half-dozen SERE trainers, according to a report released Tuesday night by the Senate Armed Services Committee, began raising stark warning about plans by both the military and the C.I.A. to use the SERE methods in interrogations.

In December 2001, Lt. Col. Daniel J. Baumgartner of the Air Force, who oversaw SERE training, cautioned in one memo that physical pressure was “less reliable” than other interrogation methods, could backfire by increasing a prisoner’s resistance and would have an “intolerable public and political backlash when discovered.” But his memo went to the Defense Department, not the C.I.A.

One former senior intelligence official who played an important role in approving the interrogation methods said he had no idea of the origins and history of the SERE program when the C.I.A. started it in 2002.

“The agency was counting on the Justice Department to fully explore all the factors contributing to a judgment about legality, including the surrounding history and context,” the official said.

But it was the C.I.A. that was proposing the methods, and John Yoo, the Justice Department official who was the principal author of a secret August 2002 memorandum that authorized the interrogation program, was mostly interested in making a case that the president’s wartime powers allowed for the harsh tactics.

A Persuasive Case

After the March 28, 2002, capture in Pakistan of the Qaeda operative Abu Zubaydah — the C.I.A.’s first big catch after Sept. 11 — Mr. Tenet told Ms. Rice, then the national security adviser, he wanted to discuss interrogation, several former officials said. At a series of small-group and individual briefings attended by Mr. Bush, Mr. Cheney, Ms. Rice and Attorney General John Ashcroft, Mr. Tenet and his deputy, John McLaughlin, laid out their case.

They made a persuasive duo, former officials who heard their pitch recalled. Mr. Tenet, an extroverted former Congressional staff member, was given to forceful language about the threat from Al Qaeda, which he said might well have had operations under way involving biological, radiological or even nuclear weapons. Mr. McLaughlin, a career intelligence analyst, was low-key and cerebral, and some White House officials said they found his support for the methods reassuring.

In the briefings, Mr. Tenet said that after extensive research, the agency believed that only the methods he described — which he said had been used on thousands of American trainees — could extract the details of plots from hardened Qaeda fanatics.

“It was described as a program that was safe and necessary, that would be closely monitored by medical personnel,” a former senior official recalled. “And it was very much in the context of the threat streams that were just eye-popping at the time.”

Mr. Tenet’s descriptions of each proposed interrogation method was so clinical and specific that at one briefing Mr. Ashcroft objected, saying that cabinet officials should approve broad outlines of important policies, not the fine details, according to someone present. The attorney general later complained that he thought Mr. Tenet was looking for cover in case controversy erupted, the person said.

Ms. Rice insisted that Mr. Ashcroft not just pass along the conclusions of his Office of Legal Counsel, where Mr. Yoo worked, but give his personal assurance that the methods were legal under domestic and international law. He did.

The C.I.A. then gave individual briefings to the secretary of defense, Donald H. Rumsfeld, and the secretary of state, Colin L. Powell. Neither objected, several former officials said.

Mr. Cheney, whose top legal adviser, David S. Addington, was closely consulting with Mr. Yoo about legal justification, strongly endorsed the program. Mr. Bush also gave his approval, though what details were shared with him is not known.

With that, the C.I.A. had the full support of the White House to begin its harshest interrogations. Mr. Bush and Mr. Cheney have never publicly second-guessed their decision. Though some former officials expressed regret that such a momentous decision was made so quickly without vital information or robust debate, none were willing to be quoted by name.

There was one more check on intelligence programs, one designed in the 1970s to make sure independent observers kept an eye on spy agencies: Congress. The Senate and House Intelligence Committees had been created in the mid-1970s to prevent any repeat of the C.I.A. abuses unearthed by the Senate’s Church Committee.

As was common with the most secret programs, the C.I.A. chose not to brief the entire committees about the interrogation methods but only the so-called Gang of Four — the top Republican and Democrat on the Senate and House committees. The rest of the committee members would be fully briefed only in 2006.

The 2002 Gang of Four briefings left a hodgepodge of contradictory recollections that, to some Congressional staff members, reveal a dysfunctional oversight system. Without full staff support, few lawmakers are equipped to make difficult legal and policy judgments about secret programs, critics say.

Representative Nancy Pelosi of California, who in 2002 was the ranking Democrat on the House committee, has said in public statements that she recalls being briefed on the methods, including waterboarding. She insists, however, that the lawmakers were told only that the C.I.A. believed the methods were legal — not that they were going to be used.

By contrast, the ranking Republican on the House committee at the time, Porter J. Goss of Florida, who later served as C.I.A. director, recalls a clear message that the methods would be used.

“We were briefed, and we certainly understood what C.I.A. was doing,” Mr. Goss said in an interview. “Not only was there no objection, there was actually concern about whether the agency was doing enough.”

Senator Bob Graham, Democrat of Florida, who was committee chairman in 2002, said in an interview that he did not recall ever being briefed on the methods, though government officials with access to records say all four committee leaders received multiple briefings.

Senator Richard C. Shelby of Alabama, the senior Republican on the committee, declined to discuss the briefings.

Vicki Divoll, general counsel of the Senate Intelligence Committee in 2002 and a former C.I.A. lawyer, would have been a logical choice to advise senators on the legal status of the interrogation methods. But because of the restricted briefings, Ms. Divoll learned about them only years later from news media accounts.

Ms. Divoll, who now teaches government at the United States Naval Academy, said the interrogation issue revealed the perils of such restricted briefings.

“The very programs that are among the most risky and controversial, and that therefore should get the greatest congressional oversight,” she said, “in fact get the least.”
http://www.nytimes.com/2009/04/22/us...ef=global-home

classic.
the solution to complexity in bushworld?
don't think too hard about it.
don't think about the past, don't worry too much about whether it works...just implement it.
thinking thin as paper.

but this raises a really ugly question.
cheney has been arguing that torture should be measured by whether it "works"---but it appears that this criterion was not high on the administration's agenda at the outset.

so what exactly lay behind the implementation of torture as a policy?
"a perfect storm of ignorance and enthusiasm"....

but beyond that, a vague idea that this might "work" to "prevent more attacks" buttressed by no reasearch whatsoever into the literature that torture produces the opposite effect, elliciting false information....so that seems implausible really. strange to find oneself in a position to rule out efficacy as a rational criterion, and to find oneself there because the degree of incompetence in the fashioning of the policy is so astonishingly high.

but if that's the case, then what's the motive?

revenge.

in which case any plausible claim to "moral compass" was out the fucking window from the start.

it gets harder and harder to accept the idea that "looking forward not back" means letting this shit slide.
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Old 04-22-2009, 05:34 AM   #67 (permalink)
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As a companion to roachboy's article, this popped up in my feed this morning.

Obama opens door to prosecutions on interrogations

Quote:
Originally Posted by Associated Press
Obama opens door to prosecutions on interrogations
By Caren Bohan

WASHINGTON (Reuters) - President Barack Obama opened the door on Tuesday to possible prosecutions of U.S. officials who laid the legal groundwork for harsh interrogation of terrorism suspects during the Bush administration.

Obama also said he would not necessarily oppose an effort to pursue a "further accounting" or investigation into the Bush-era interrogation program that included waterboarding, sleep deprivation, forced nudity, shoving people into walls and other methods.

That marked a shift for the Obama administration, which has emphasized it does not want to dwell on the past with lengthy probes into policies put in place by President George W. Bush after the September 11, 2001 attacks.

But pressure in the U.S. Congress is growing for a full-blown investigation of the CIA interrogation program.

Controversy has erupted across the political spectrum over last week's release by the Obama administration of classified memos detailing the program to question al Qaeda suspects.

Human rights groups say tactics such as waterboarding -- a form of simulated drowning -- constituted torture and violated U.S. and international laws. Conservative critics contend Obama has endangered the country by releasing CIA secrets.

The New York Times reported that Dennis Blair, Obama's national intelligence director, told colleagues in a private memo last week that the harsh interrogation techniques yielded "high-value information" that "provided a deeper understanding" of the al Qaeda organization.

The newspaper reported that Blair sent his memo on the same day the Obama administration publicly released the Bush-era memos. It said Blair's assessment that the interrogation methods produced important information was deleted from a condensed version of his memo released to the news media.

REPORT SAYS TACTICS SPREAD TO IRAQ

A congressional report released late on Tuesday traced how a Bush-era policy on interrogation at the U.S. detention center at Guantanamo Bay, Cuba, helped set the stage for detainee abuse at the Abu Ghraib prison in Iraq and in Afghanistan. The report may add impetus to calls for a wider probe.

The report, released by Senate Armed Services Committee Chairman Carl Levin, laid blame for the abuses on former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former U.S. Attorney General Alberto Gonzales and other top Bush administration officials.

"The report represents a condemnation of both the Bush administration's interrogation policies and of senior administration officials who attempted to shift the blame for abuse -- such as that seen at Abu Ghraib, Guantanamo Bay and Afghanistan -- to low-ranking soldiers," Levin said.

"It was senior civilian leaders who set the tone."

Earlier, in an Oval Office question-and-answer session with reporters, Obama reiterated his vow not to prosecute CIA interrogators who relied in good faith on legal opinions from the Bush administration condoning the harsh methods.

However, Obama did not rule out charges against those who wrote the opinions justifying the methods used on captured terrorism suspects.

"With respect to those who formulated those legal decisions, I would say that is going to be more of a decision for the attorney general within the parameters of various laws, and I don't want to prejudge that," Obama said after meeting Jordan's King Abdullah.

"I think that there are a host of very complicated issues involved there," Obama said.

The comment seemed at odds with the position offered on Sunday by Obama's chief of staff Rahm Emanuel, who told ABC that the president did not believe the authors of the legal opinions should be prosecuted.

White House spokesman Robert Gibbs brushed aside questions about the contradiction. "Instead of referring to what anybody might have said ... it's important to refer to what the president said," he said.

While human rights advocates have urged prosecutions for those involved in the interrogation program, Obama has received scathing criticism from some conservatives over the release of the memos detailing the harsh methods.

Among the most outspoken critics has been Cheney, who contends the questioning yielded valuable information about terrorist activities and has accused Obama of endangering the country by releasing the CIA memos.

But Sen. Dianne Feinstein, the Democratic head of the Senate Intelligence Committee, welcomed Obama's comments about a possible inquiry as a "step forward."

Feinstein has urged Obama to withhold judgment on possible prosecutions pending a closed-door review by her committee of the interrogation program.

Obama said he would not necessarily oppose a U.S. panel to investigate the interrogation program. But he said he would prefer to see such an inquiry take place outside of the "typical hearing process" of Congress, where the issue could become politicized.
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Old 04-22-2009, 07:55 AM   #68 (permalink)
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Quote:
Originally Posted by dksuddeth View Post
I have a real hard time understanding how anybody doesn't define waterboarding as torture. can you explain this to me? why it isn't torture in your opinion?
This is just how I would define torture, I know it has no relevance to anyone but me.

Torture is the intentional infliction of physical or emotional harm with measurable and lasting damage to the individual for no other purpose than to inflict physical or emotional harm.

So, in my view - if the CIA had reason to believe a captive had needed information to help save lives, and they used waterboarding to get it; one, I would not consider it torture because they acted based on a reasonable belief they could obtain information; two, I would not consider it torture if the "damage" on the individual was not measurable. Perhaps ironically to some, I think a school yard bully could be more easily guilty of torture than military or CIA officials involved in war with enemy combatants.

---------- Post added at 03:42 PM ---------- Previous post was at 03:31 PM ----------

Quote:
Originally Posted by Willravel View Post
Maybe you'd also like to give me your opinion about a car you've never driven? I could go on for days about a Koenigsegg CCX, tell you how fast it'll get you to 60 or where the torques peak, what the drag coefficient is compared to the Carrera GT, how they're built by hand, but I can't really offer an informed opinion without driving one, can I?
I don't think I get your point. I don't doubt waterboarding is severely unpleasant. I could not do it to a human or animal and I would not want it done to me. However, there are many things that fall into that category. My list would be different than yours. I simply try to understand two things about your view of waterboarding:

1) When does it become torture?
2) What makes it torture?

If I understand your answers to those questions, I think it would be easy to then clearly define what you would consider torture. Right now if I am your CIA guy in the field I am more confused than when we started. First, there are vague terms like "extreme" and "severe", then there is the concept that what works is positive reinforcement. It is easy to say waterboarding is torture based on the 'I know it when I see it' theory. However, the issue is should people in the Bush administration be brought to trial for having the courage to try to define a vague concept. I think that is dangerous for all people in public service needing to make tough choices.

---------- Post added at 03:50 PM ---------- Previous post was at 03:42 PM ----------

Quote:
Originally Posted by samcol View Post
"Water boarding is not torture." I can't even believe I'm reading this.
How about answering the question I presented to Will. Rather than being in disbelief, put yourself in the role of defining what torture is, what would be and what would not be acceptable to a CIA agent with a captive who you know has information regarding impending attacks intended to kill people you care about. You need the information and you need it now, what are you going to do? Positive reinforcement? You going to take him to get a latte, take a walk in the park, catch a movie, etc, to get the information?

Quote:
I can't trust a government who tortures, and I really can't trust a government who covers it up and lies about it. This is disgusting
Who has lied? I think you had people honestly wanting to do the right thing. They asked for guidance, the people who gave guidance gave their honest opinions. All of this was documented, no cover ups. What is not to trust? Even members of Congress were aware of what was going on.

---------- Post added at 03:55 PM ---------- Previous post was at 03:50 PM ----------

Quote:
Originally Posted by roachboy View Post

but if that's the case, then what's the motive?

revenge.

in which case any plausible claim to "moral compass" was out the fucking window from the start.
I think the motive was to save lives.

I guess we do need Obama to release the information showing the successes and failures, all the results of the questioning.
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Old 04-22-2009, 08:09 AM   #69 (permalink)
 
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ace, there is no mean-ends justification for torture.
there was no effort to understand even the most basic research on the effects of torture---see the ny times article from this morning i posted above---there was extensive us military research done after the korean war on the fact that torture elicits one kind of information, which is the desire for the torture to stop. that this has been obvious from the 18th century onward is something that is maybe a bit abstruse to expect the parochials from american conservatism to know about---but there's no excuse for not doing the basic legwork on the efficacy of the technique if one is to lend even the slightest credence to the argument you're trying to make.


you haven't a leg to stand on here, ace.

the well-meaning folk trying to accomplish a politically desirable goal so whaddya complaining about defense is a variant of the nuremberg defense. i am not at all sure that you want to continue aligning yourself with it. but hey, look it up for yourself. no problemo.
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Old 04-22-2009, 08:21 AM   #70 (permalink)
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I don't think I get your point. I don't doubt waterboarding is severely unpleasant. I could not do it to a human or animal and I would not want it done to me.
It's more than unpleasant, it causes suffering which is equivalent to what I would assume we might both consider torture, such as bone breaking. The problem is that you can't really understand how horrible waterboarding is until it's been done to you. That's my point.
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However, there are many things that fall into that category. My list would be different than yours. I simply try to understand two things about your view of waterboarding:

1) When does it become torture?
2) What makes it torture?

If I understand your answers to those questions, I think it would be easy to then clearly define what you would consider torture.
When does something become torture? When it causes severe pain or suffering, whether physical or mental, it become torture. If you're unsure about the use of the word "severe", you'll have to get more specific. Waterboarding is torture. Why? Because it causes a similar or greater level of suffering to actually drowning. I'm sure you'd agree that dunking someone's head under water for extended periods of time is torture. If not, you may have lost perspective on the issue.
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Right now if I am your CIA guy in the field I am more confused than when we started. First, there are vague terms like "extreme" and "severe", then there is the concept that what works is positive reinforcement. It is easy to say waterboarding is torture based on the 'I know it when I see it' theory. However, the issue is should people in the Bush administration be brought to trial for having the courage to try to define a vague concept. I think that is dangerous for all people in public service needing to make tough choices.
It takes cowardice to torture, not courage. Alberto Gonzales refused to define torture in order to aid the efforts to extract intelligence with the use of torture by our intelligence and military personnel. Much like Gonzales, you're equivocating on the definition of torture. The only reason one has to equivocate on the definition of torture is to try and excuse something they think many others might think of as torture.
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Old 04-22-2009, 08:41 AM   #71 (permalink)
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When is water boarding torture? When it is done to Americans, otherwise it is a harsh interrogation technique...
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Old 04-22-2009, 08:47 AM   #72 (permalink)
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cyn--how about we make this into a bit more formal a game for a minute? just play along. it's fun at least for the duration of this post. maybe.

only if you restrict the argument to the fact that you can say it. ethically condoning torture seems pretty close to reprehensible. and this is an area wherein ethical and political considerations intertwine in a wholesale fashion.

so let's assume that is the case--your arguments, cyn, are essentially of two types: expediency and utility. expediency doesn't hold up real well in a space where ethical and poltical arguments are tangled, so i assume that in order to make that argument you presuppose that you can hold the two apart. see what i mean? so you'd ave to move on to argue that torture can be understood as a problem that does NOT involve an ethical dimension. but if you make that move, you repeat something of the position of the bush administration--which is a problematic position to find yourself backed into i would think given that i don't have the sense you were heading in that direction.

the utility argument can be made on ethical grounds--it's a classic ends justify the means statement, really. the main counter to that is that torture practices are not and cannot be justified on utility grounds because of the nature of the information they tend to elicit. you'd have to be in a position to argue that's not the case in respose. there'd be no ducking the question either--and if you can't make that argument work, your position collapses. because the counter-argument really is that not only can torture not be justified as a legitimate practice, and not only can it not be justified as an interrogation procedure, but that its use is COUNTERPRODUCTIVE on utilitarian grounds because it's consequences call into question the legitimacy of the political order that employs torture.

want an example? think about the political turmoil that surrounded the end of the 4th republic and setting up of the 5th republic in france.
de gaulle found himself entirely boxed in by the political shit-storm that followed from books like henri alleg's that outlined the french military's systematic use of torture on the algerian population. his solution was basically to concede the conflict to the fln---that in turn triggered a radical rightwing counter-revolution from the oas. the political damage done by the fact that the french state used torture--and that it got out--was extraorindary. and later, in books like gangrene, the fact that for some prisoners the torture would happen in paris, in the same building that the gestapo had used to torture suspected resistance members---it's not good.

so there's a history that militates pretty strongly against any utility arguments, and without a utility argument, i think you're position is in serious trouble.

i run this stuff out because i really don't see a way to justify the use of torture at all, anywhere, ever.

this is why i am as irritated as i am that the decision about whether to prosecute rests with the obama administration and not with an international tribunal, frankly.
i already ran out the arguments for such a tribunal...

anyway--your move.
My apologies, but this has taken me quite some time to write to make sure I articulate exactly how and why I believe I am okay with torture.

The rubric you're holding is very different than the one that I'm holding.

I'm not even on that court rb, that's where everyone else's logic falls apart and cannot follow mine. You're all looking at this from the morality aspects, I'm looking at it from a more anthropological or sociological aspect. I'm not talking about the morality or the attempt at getting reliable information and the rest of the talking points you or willravel are setting up.

Simple logic example:

We agree that murder is bad.
We agree that killing is bad.
War involves killing and murdering, but killing and murder in that sense is okay since it's "the enemy."

In my mind there is disconnect where it's bad in one example, and "excusable" or "acceptable" in another. I cannot understand or process that easily, thus I believe that in its basic form, it has to be acceptable. It is the circumstances and other factors that change it from acceptable to not acceptable.

Torture happens to be part of the ability of the range that humans can and will lower themselves to in some fashion in given conditions just like with war. I find that acceptable as part of the range that humans can and will become given conditions and circumstances. Murder and torture happened before I was on the planet, and will continue to happen when I'm no longer walking the planet.

There is a utility. The human being wants to feel better about themselves in some fashion.
  • Party A wishes to instill fear into party B.
  • Party A wants to get information from party B.
  • Party A wishes to be cruel to party B.
  • Party A wished to exact revenge upon party B.
  • Party A wishes to control party B.
  • Party A tries to coerce allegiance from party B.

While the utility to you and I may be conceived incorrectly by Party A. It still is going to be a mode and methodology used by Party A. It has happened in the past, and will again happen in the future.

Following this same vein of thought, I am not surprised when any American politician is accused or is caught in some sort of corruption scandal. I again, accept that corruption is part of the range of behaviors that politicians can be caught within. I'm not surprised by this one bit, yet it seems that the American populace doesn't know it's own history. Yet somehow it's more abhorrent when it's an American politician.

Thus while you are correct with the idea that it's problematic for the administration or government that does such things, as people will attribute some sort of moral or ethics in their decision making. But I also submit that they themselves carry this on a daily basis until they can make a choice. People hold onto it and feel responsible or even to blame for such choices made by another individual.

Since we're allowed to elect, re-elect, or elect other individuals on a regular basis, and there is no "lifers" for any single position, I get the opportunity to apply what force I can within the mechanisms available to me at the appropriate times. I don't need to internalize, own any of their behaviors, or be responsible for them.

It is exactly what you say, it calls into "into question the legitimacy of the political order that employs torture." It speaks tomes to me about the people that support, the government that employs, and the individuals that ask or require of it's citizens to carry such things out. This is not just he actions themselves, but the manufactured products to support such things. This spider webs the discussion but people/companies aren't simple machines that just do one single action. There are many other things that they do. In essence one fail isn't complete fail, but most people attribute it as wholesale fail in their book. This is as you say that it doesn’t just happen within a vacuum.

People will parse it into digestible words and ideas, and it will continue. Governments will rationalize it and utilize it.

Other peoples in the world don't get such luxuries; government seems to be established and set, not changing within a lifetime or possibly several lifetimes. Again, as you stated it brings in question the legitimacy of the government, but that still doesn't change or alter it. We can call the Baath party or Taliban government illegitimate because it condoned and used torture, but it still didn't change much until someone came in with force and actually changed it. In order to do so, killed and maimed a few people along the way, all in the name of ending whatever illegitimate regime.

It doesn’t stop at the government level for me. It happens locally with police departments, with adults, and with children. There are numerous reports of torture from solid citizens in the police force and criminals, to children and other children. It’s hazing by fraternities, sororities, and gangs. It's bullying on the playground.

Here's why I believe it in this fashion. I will not allow someone to guilt me or make me feel bad because of someone else's actions. I'm not responsible for their actions, thus I am not responsible for the guilt and other feelings a third party is trying to foist upon me. The path your logic and will's is to try and express a manner in which I should feel bad for someone else's actions. I say, "No thank you. I'm fine with the way that it is." Traveling around the world to hear someone say, “That George Bush...” You know, I'm not responsible for his actions. I wasn't then and am still not.

This kind of human action is the kind that evokes some sort of emotional response from the reader/outsider. I reject that wholesale and do not accept any responsibility for it. Just like I don’t accept any responsibility for their achievements, I do not accept responsibility for their fails.

I came to this understanding after spending an evening in the Torture Museum in Prague, Czech Republic. There's more ways to torture people than what is listed in that declassified paper, and there's more that goes on than we see in the newspaper. It opened my eyes to just how horrific the human being can truly be. Reading about it doesn't come close to seeing the machines, and seeing woodcuts, drawings, or cut outs where your hands, arms, etc. all fit. It was a very sobering experience. Of course after that I had copious amounts of the Green Fairy with sugar and a spoon.

Further along I read the book
Unspeakable Acts, Ordinary People Unspeakable Acts, Ordinary People
, I understand that prosecution and removal of power of those that have committed such acts are next to impossible to prosecute in any meaningful way to inhibit future torture. Unlike other kinds of justice where there really is a sense of justice to the offended, this rarely happens in torture cases. Torture is around us all the time. It isn't just relegated to war, it is part and parcel sitting around us.

This is how I understand it and it doesn't pose a problem for me.
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Old 04-22-2009, 09:06 AM   #73 (permalink)
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By that logic, you should be fine with everything done by someone that's not you. You should be fine with child prostitution, genocide, genital mutilation, ethnic cleansing, slavery, biological warfare and all of the other horrible things our species is capable of but you're not directly involved in. The problem with this attitude is that, widespread, it allows for these horrible things to happen. I'm sure you think the old Burke quote "All that is necessary for evil to triumph is for good men to do nothing" is an oversimplification, but I find it is a perfect critique of your inexcusable position. The "that's not my dog" position on suffering in the world is what passively allows said suffering. I know you don't want to hear it but you, Cynthetiq, are responsible for torturing. Passively, yes, but responsible none the less.

I wonder how many other people leave the torture museum thinking, "You know what? That wasn't so bad. Torture is just fine."
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Old 04-22-2009, 09:20 AM   #74 (permalink)
 
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thanks for that cyn...i'll probably make something else tonight when i've the leisure to think more expansively, but for the moment a couple quick points. first, i don't think that will and i are arguing in the same way---this is more a question of emphasis i suppose than anything else--but in my view this is a political & legal issue that has its force because it involves an ethical problem..but most of what i've been arguing sits on the first two levels moving into the third. where i take will to be arguing most from the second two and occaisonally sliding into the first.

it seems to me will engages more on the "how could you think that?" level where i see what i've been doing here working mostly along the lines that there are absolute prohibitions agreed to internationally against this kind of action because there's a history of proof that people can do horrific things to each other and that some of these things are simply unacceptable. so conventions were drawn up that define torture as a crime against humanity and outlaw it. because people in particular situations, locked into particular interests, can put aside nicities like the fact that the people they take to be threats are human beings and can treat them as if they were things, but things that can feel pain...there's abundant historical proof that torture degrades, dehumanizes BOTH the victim and the torturer--and what's worse that a political system capable of rationalizing torture itself can become inhuman. secondly, we live in an environment that calls itself civilized in part because it operates within sets of laws--the international ban on torture was in part passed as an indication that "we" desire a certain level of "civilization" and that this desire leads to renouncing certain actions as being antithetical with that idea. this is a political decision. so that's one point. there may be more to say about it, i dunno.

second point: the end justifies the means argument simply does not hold water. check out the ny times article from this morning's international edition i posted just a bit above here. the fact is that torture elicits one kind of information consistently--the desire that the torture stop. it is not an effective intelligence gathering tool--and the military knew as much, historians know as much--anyone who has looked into the sue of torture in a legal context knows as much. you have the history of the inquisition as a good, extended other example---know why there were no witch prosecutions in spain? because there was no agreement about a legal standard that would enable to court to determine whether the crime actually existed. but in other areas, thousands were executed as witches. how did that happen? you might wonder about the role of torture, which was part of the inquisitorial interrogation process, in generating the answers that the people applying the torture wanted to hear--not what happened, but what they wanted to hear. why? because in many cases, continuing the torture made death seem like a fine alternative.

so there is no utility argument to be made for using it.

the political Problems that are generated by a nation-state government prosecuting itself for using torture are of a different order---i think they're serious---but you can already see that the cat's out of the bag and i now doubt very seriously that it will be possible to NOT prosecute at least the people who developed this fucked up guidelines. and if that happens, i hope they are convicted.

but this is a real Problem. i find it interesting to watch the theater surrounding it. but think about the situation: the use of torture, the arguments which justify it, the fact that the bush administration undertook such a policy in ignorance of history, in ignorance of efficacy---it generates really big problems of legitimacy for the american state itself. how can that be justified on grounds of utility?

and trust me, if the legitimacy of a state is undermined adequate, it won't necessarily take some armed force to topple it. there are any number of instances of a state simply imploding. think the french revolution for one.

anyway, i have to stop there.
interesting stuff. difficult things to remain dispassionate about enough to make clear arguments.
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Old 04-22-2009, 09:29 AM   #75 (permalink)
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I don't think Cynth is making the ends justify the means argument, rb. He's saying that he consciously prevents himself from internalizing the fact that our government tortures and thus does not have an emotional response to it. Normally, I'd think this was a coping mechanism, something that someone might do to prevent emotionally breaking down, but Cynth has both the emotional maturity and the ability to dispassionately judge a situation, so that doesn't apply. His argument seems to be that because he is not directly responsible for torture, he doesn't feel it necessary to judge it. This is odd and highly suspect because countless times across thousands of posts Cynth has been more than willing to roll up his sleeves and pass judgment or even offer advice on things he's not even remotely connected with; things that allowed him to process a situation by utilizing sympathy and empathy and then, via that process, come to a conclusion.
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Old 04-22-2009, 09:37 AM   #76 (permalink)
 
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i don't want to speak for cyn---but i accounted for that before i started making a response. i don't buy the claim that torture carried out by a state apparatus can be thought about using the model of person A doing something that person W doesn't do and the Problem of torture is basically that some Outside Judge expects W to "feel guilty" about it. that evacuates the whole question as it actually is---so i routed things back the other way, and then ticked off problems one after the other. because torture represents a system-level political problem no matter what people inside the system may think on the question. this simply because of the legal context, the international context and the fact that "i don't really feel bad about this" is a minority position.

anyway, that's why the moves are as they are.
i could be wrong about the logic.
it's happened before. it'll happen again.
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Old 04-22-2009, 09:59 AM   #77 (permalink)
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By that logic, you should be fine with everything done by someone that's not you. You should be fine with child prostitution, genocide, genital mutilation, ethnic cleansing, slavery, biological warfare and all of the other horrible things our species is capable of but you're not directly involved in. The problem with this attitude is that, widespread, it allows for these horrible things to happen. I'm sure you think the old Burke quote "All that is necessary for evil to triumph is for good men to do nothing" is an oversimplification, but I find it is a perfect critique of your inexcusable position. The "that's not my dog" position on suffering in the world is what passively allows said suffering. I know you don't want to hear it but you, Cynthetiq, are responsible for torturing. Passively, yes, but responsible none the less.

I wonder how many other people leave the torture museum thinking, "You know what? That wasn't so bad. Torture is just fine."
I'm as much responsible for torturing as you are for the dog that crapped on my sidewalk and the owner didn't pick it up.

I think you need to read what I wrote a bit more and see what kind of thought I've put into it. You're reading just one single little sound bite and passing all the rest of the thought that has gone into it.

I have never once said that I find that Bush's policies are something that I agree with. I've not said once I approve someone torturing someone else.

I've said that I find torture to be a mode and method that people use for various reasons and I'm fine with that.

rb, I get what you're saying but it again, obfuscates the position that I'm starting from. I agree, that people met in some foreign country and said they'd agree to do and not do certain things. I find that flawed because well, people tend agree not to do but do them anyways. It may not be in the immediate moment, but fovrever or in perpetuity is a long time. People tend to be fallible and again, do what and when they want based on many functions of utilty.

Will, if you look at things always from the top down, you'll never understand something from the bottom up.

So again, from my point of view, I've not even gotten to the point of the ethics and the morals. I've looked at and cited where and how it's been used, right or wrong it has been used to some effect. It inadvertently has an affect on society as a whole, for fear, control, etc. It may be rooted in false logic or premise, but it still is a mode that people do operate from and stand within.

Thus, your citing of my ability to roll up my sleeves and pass jugement, isn't a simple possibility here on the breadth of torture. From the simplistic points, the Geneva Conventions agreed to make it very simple cut and dry discussion for this instance. But as a whole for the entirety of torture, which is the line I am speaking from, it is not as simple.
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Old 04-22-2009, 10:12 AM   #78 (permalink)
 
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the reason it seems to obfuscate the position you're starting from, cyn, is that i don't think it makes sense to start from that position.

it seemed to me when i responded to you initially that there were two different conversations happening that converged in some ways, but which were nonetheless different from each other. you're really talking more to will in this one than to me. but again the conversations overlap in some ways, so it's not surprising that there'd be a bit of confusion about it.

i'm not really concerned with whether you as an individual can justify torture as an ethical question. this because the situation is that the bush administration authorized the use of torture, wrote a series of legal positions that fashioned a rationale for it, and the fact that it happened generated a significant political Problem for the united states, one that continues to ramify, and as it does it poses other problems. these all happen at a level quite independent of what you or i might personally feel about the question of torture. it's involved with legal and political questions that operate at basically different scales than do questions of individual ethics.

the obvious connection is that one's individual position on the ethical questions--or other questions if you like--concerning torture inform the positions that one might take with respect to what the bush administration did. but if that's the way you want to go, then you're approaching it from a strange angle, which has more to do with a sense that you shouldn't have to take position x or y on the question. the reason it's strange is that i don't think that's being asked of you. but maybe will is asking that of you. it just isn't something i think particularly relevant--and that because (again) the situation at hand unfolds along dynamics and in registers quite independent of this sort of question, really.

anyway, two different conversations.
as often happens in debates, the real argument is not over the content of one's position but over the starting point from which that position is built. your position is internally consistent. i just don't think the place you start from makes sense situationally.
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Old 04-22-2009, 10:19 AM   #79 (permalink)
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I'm as much responsible for torturing as you are for the dog that crapped on my sidewalk and the owner didn't pick it up.
I don't vote for that particular dog owner to walk his dog near your house nor do I pay taxes to fund his walks nor do I have a stake in the response to said shitting. But you know all of this. I'm left wondering why you'd intentionally use an incorrect illustration like this. Are you really ignorant to your role in torturing? You are many things, but naive isn't one of them.
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I think you need to read what I wrote a bit more and see what kind of thought I've put into it. You're reading just one single little sound bite and passing all the rest of the thought that has gone into it.

I have never once said that I find that Bush's policies are something that I agree with. I've not said once I approve someone torturing someone else.

I've said that I find torture to be a mode and method that people use for various reasons and I'm fine with that.
"I don't approve of torture, but I'm fine with it". Where do you draw the line between approving of something and being fine with it? In what way are those different?
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Will, if you look at things always from the top down, you'll never understand something from the bottom up.
And if you look at something from the side, squinting your eyes a bit, you can find yourself taking two opposing positions on the same issue.
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So again, from my point of view, I've not even gotten to the point of the ethics and the morals. I've looked at and cited where and how it's been used, right or wrong it has been used to some effect. It inadvertently has an affect on society as a whole, for fear, control, etc. It may be rooted in false logic or premise, but it still is a mode that people do operate from and stand within.

Thus, your citing of my ability to roll up my sleeves and pass judgment, isn't a simple possibility here on the breadth of torture. From the simplistic points, the Geneva Conventions agreed to make it very simple cut and dry discussion for this instance. But as a whole for the entirety of torture, which is the line I am speaking from, it is not as simple.
It is, of course, perfectly simple. Torture has no place but masochism or vengeance. Those are really the only functions it can adequately perform. It cannot yield reliable information, it cannot reliably coerce, and it cannot control. It has absolutely no functional use for military or intelligence. Beyond questioning it's function is judging it ethically, which is something you claim to have not done at all, despite saying you're fine with torture and that you don't approve of it.

Your position is at best unclear.
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Old 04-22-2009, 10:26 AM   #80 (permalink)
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rb if I start where you guys start, I will guarantee to wind up in exactly the same position. In some ways I'm predisposed to that same position based on the ability of my gut logic, which again, the Geneva convention etc.

But the point of evolving thoughts and challenging one's own beliefs has to sometimes be really tried from a different rubric. This is why I stated it from the beginning that my thought on this is coming from a totally different angle.

If found a good link to an excerpt from the book:

Quote:
Bystanders from the book Unspeakable Acts, Ordinary People
When a dictatorship is overthrown by a democratic regime, torture squads typically elude punishment because the new government is not entirely secure. After the junta fell in Argentina, for example, the new government lived in constant fear of a coup; the leaders of the ruling junta were prosecuted, but to avoid riling the armed forces further, there was no great purge of torturers, no indictments of whole companies of men. In other countries in which civilian governments have taken over from a regime that practiced torture, the new leaders, seeing the need for order and continuity, have decided it was not practical to replace every judge, prosecutor, and policeman who held office during the dark ages; as a result, the bureaucracy that supported or tolerated torture remains in place, a bureaucracy understandably not interested in investigating the sins of the past. In other nations where torture has been systematic, reform governments have become convinced that what their country needs is reconciliation and healing, that prosecution of torturers would once again polarize society, that the best course is to avoid indictments for human rights violations. Other liberating governments have declined to prosecute either because they quickly find the torturer's tools quite useful or because the liberators have a history of torture themselves.

Democracies and authoritarian regimes sometimes offer the same rationales for failing to prosecute torturers. The morale of the security forces, for example, is as sacred in a democracy as it is in an undemocratic regime. Putting soldiers or policemen on the witness stand is politically dangerous. They might, after all, name high-ranking officers or public officials who sanctioned the treatment.

Furthermore, it is often difficult to mount an effective prosecution. Torture usually occurs in a closed room without independent witnesses. Sometimes the victims have been blindfolded or they are dead, so although their in juries indicate they were tortured and it is not hard to determine what unit was responsible for their custody, it may be impossible to determine which man in particular attached the electrodes, performed the rape, the near drowning, or the severe beating. Without predetention medical examinations, it is often difficult to prove that a victim's injuries were sustained in custody.
A prosecutor's task is made more difficult by the fact that torturers are often decorated soldiers or policemen who have served their country in time of need, men who often represent popular belief: they were tough on crime, or they were saving the country from subversion or immorality. The victims, on the other hand, may hold political or religious beliefs not in favor in the larger society, or they may come from some lesser class that is viewed as a threat to the society at large gooks, niggers, Paddies, Arabs, Jews, criminals, agitators, heretics, labor organizers, stone throwers, flag wavers, singers of nationalist songs, terrorists, friends of terrorists, and so on. A judge or jury choosing between an erect and courageous torturer and an unpopular victim often has an easier time identifying with the torturer.

In various nations in which notorious regimes have fallen, there has been a public acknowledgment that people were tortured. In democracies of long standing in which torture has taken place, however, denial takes hold and official acknowledgment is extremely slow in coming, if it appears at all. The response of those societies is fairly predictable and can be charted in thematic, if not chronological, stages.

Consider, for example, the British reaction to the revelations that they were torturing the Northern Irish in 197I. The first stage of response was absolute and complete denial, accompanied by attacks on those who exposed the treatment. Northern Irish Prime Minister Brian Faulkner announced that there had been "no brutality of any kind." The London Sunday Times was denounced for printing "the fantasies of terrorists."

The second stage was to minimize the abuse. The government referred to it not as torture but as "interrogation in depth." Home Secretary Reginald Maulding proclaimed that there was "no permanent lasting injury whatever, physical or mental, to any of the men." The majority report of the Parker Commission proclaimed that any mental disorientation should disappear within hours, and, if it didn't, it might be the men's own fault, the product of anxiety caused by "guilty knowledge" and "fear of reprisals" from comrades for having allegedly given information. In the Compton Report, Sir Edmund Compton and his colleagues concluded that part of the torture had been done for the men's own good: the hooding kept the prisoners from identifying each other, thus preserving each man's security. The beating of Joe Clarke's hands had not occurred; his hands had been massaged by guards in order to restore circulation. The guards who forced men to perform strenuous exercises were merely trying to keep the prisoners warm.

A third stage is to disparage the victims. Lord Carrington judged them to be "thugs and murderers," while Reginald Maulding proclaimed, "It was necessary to take measures to fight terrorists, the murderous enemy. We must recognize them for what they are. They are criminals who wish to impose their own will by violence and terror." Yet after extensive torture and ostensibly extensive confessions about their acts of "violence and terror," none of the hooded men were charged with any crime.

A fourth stage is to justify the treatment on the grounds that it was effective or appropriate under the circumstances. Lord Balniel, junior minister of defense, said that there was no evidence of torture, ill-treatment, or brainwashing, and that the methods employed had produced "invaluable" information about a brutal, callous, and barbaric enemy. Compton proclaimed that the five techniques had been used on the men because it was "operationally necessary to obtain [information] as rapidly as possible in the interest of saving lives." On November 2I, 197l, the Sunday Times poked holes in the apologists' claims, pointing out that if the interrogation methods used on the hooded men "were approved for use in any British police station, where the need for information is sometimes just as urgent as in Ulster, there would be universal outrage." The Sunday Times editorial staff dismissed the claim that cruel treatment was justified if it saved lives. How can you be sure, the paper asked, that the prisoner has the information you seek, that the lack of that information will indeed mean someone will die, and that cruel methods extract reliable information ? The claim that lives were saved became even more suspect as time passed. The IRA was invigorated by new recruits inspired by the cruel treatment accorded the Catholic community, and in the calendar year following the introduction of internment, the number of shootings rose by 605 percent, the number of armed robberies increased 44 1 percent, and the number of deaths rose 268 percent.

A fifth component of a torturing society's defense is to charge that those who take up the cause of those tortured are aiding the enemies of the state. So when the Republic of Ireland persisted in its suit against the United Kingdom on behalf of the victims, the Guardian argued that the republic's government was "torturing Northern Ireland" by "force feeding the Provisionals [the Provisional IRA] with propaganda."

A sixth defense is that the torture is no longer occurring, and anyone who raises the issue is therefore "raking up the past." Northern Ireland Secretary Merlyn Rees leveled that charge at the Irish government when it persisted in its pursuit of the victims' cause five years after their ordeal. Fifteen years later, there was widespread support throughout the United Kingdom for the War Crimes Bill, which became law in May 1991 and which allowed for the prosecution of former Nazi officials for crimes committed fifty years earlier. (Lord Carrington and former Prime Minister Edwin Heath opposed the bill.) It 's always easier to see torture in another country than in one's own.
A seventh component of a torturing bureaucracy is to put the blame on a few bad apples. In defending themselves before the European Court, the British proclaimed that it was not an administrative practice, but rather a few men exceeding their orders. If this had been the case, however, there would seem to be no reason why the torturers could not have been publicly named and prosecuted.

An eighth stage in a society's rationalization of its policy of torture is the common torturer's defense, presented to me by most of the former torturers I interviewed, that someone else does or has done much worse things. When the subject of the hooded men arose, it was common for the British government spokesmen and many editorial writers to respond by denouncing the IRA for its callous campaign of random murder, as if that justified the torture of randomly chosen men who, on the whole, were not members of the IRA. In the wake of the European Commission decision labeling the five techniques torture, the Times of London hastened to point out that Britain should not be "lumped together with regimes past or present in Greece, Brazil, Iran, Argentina." The Times argued that the techniques employed by those regimes put the victim in terror of the continuation of pain, and that that terror forced the victim to submit to the interrogator. The British techniques, the Times said, were not as evil because they were not designed to induce terror, but rather to induce a state of mental disorientation so that the victim's will to resist was lost.

A final rationalization of a torturing nation is that the victims will get over it. In a I982 interview, General Harry Tuzo, the Oxford-educated commander of the army in Northern Ireland at the time Jir.. Auld and the others were tortured, claimed that the victims, who in Tuzo's words had suffered not torture but "acute discomfort and humiliation," had been "very well compensated and looked after." "I personally would have thought," Tuzo said, "that they had got over it by now." Similarly, General Jacques Massu, the French commander who throughout his life staunchly defended the widespread use of torture by his troops during the Algerian war, dismissed the pains suffered by Henri Alleg, the European-born Jew who wrote a book about his experience as a victim of Massu's policy (The Question, George Braziller, 1958). Massu saw Alleg in 1970, thirteen years after he was tortured, and based on that viewing discerned that the torture survivor was in "reassuringly vigorous condition."
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