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Work for What?

22 Aug 2007 03:07 pm

Megan McArdle argues in favor of the efficacy of torture:

One of the most facile dismissals of torture is that it doesn't work, so why bother? That's tempting, but it's too easy. Torture seems to me very likely to work provided that you can verify the information, which I assume interrogators can in at least some circumstances. Nor is it obvious to me that the quality of information is likely to be lower than that obtained by other means: yes, people will say anything to avoid torture, but they'll also say anything to avoid imprisonment. Maybe the lies will be vivider or more voluble under torture, but it doesn't seem necessarily so that the ratio of lies to truth will increase.

For some sense of "necessarily" this may be true, but this flies in the face of historical practice. It seems unlikely to me that torture's most famous systematic applications almost all come in the context of regimes specifically looking to generate spurious confessions. Stalin's Russia, North Vietnamese POW camps, the Spanish Inquisition, it's always the same story. It's not the case, however, that torture "doesn't work" -- Nikolai Bukharin and others confesses to all sorts of preposterous crimes exactly as Stalin wanted them to. The question is whether routinized torture of al-Qaeda suspects is a useful method of advancing any public purpose.

Megan counterproses that "people take the hard stance and say 'Yeah, torture may still work, but we still shouldn't use it because it's wrong.'" I think Megan thinks that people from the "torture doesn't work" camp are arguing in bad faith, but I'm really not. I don't think it makes any sense at all to say that there's a categorical moral against smashing people's fingers with a hammer or whatever other depraved acts of torture you may care to imagine. After all, I believe (as most people believe) that it's sometimes morally praiseworthy for the state to have its agents kill people with bullets, bombs, mortar shells, etc. so there's surely some end such that torturing someone would, if effective, be a just method of achieving that end.

The difference is that despite the horrors of war, there's a very strong argument to be made that if good people systematically disavowed war-making as a practice that bad guys would run roughshod over us. When Hitler's tanks start rolling across Europe, someone's got to shoot back. By contrast, I don't see any examples of societies using routinized legal torture to gain a decisive advantage over their foes or any evidence that the current era of torture has been a net positive in fighting al-Qaeda. To say that a method of investigation works "provided that you can verify the information" is, after all, merely to beg the question. Consulting a psychic works provided that you can verify the information, but spending person-hours chasing down the psychic's "leads" isn't going to make the country safer.

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Comments (65)

Megan McArdle is a Very Important Thinker. Please, share some more of her wisdom with us! What does MEGAN MCARDLE think, I was wondering, but was too intimidated to click on her glaringly brilliant blog.

So, torture's ok if you can verify the information you receive under torture from another source.

The world is ugly,
And the people are sad.

-WS

The psychic analogy is a bad one. Presumably, if someone is being tortured "in good faith", by which I mean, the torturer is looking for real information and not a false confession, then there is probably a good chance that they will get it.

With a psychic, on the other hand, there is essentially zero chance they will tell you anything useful.

Having said that, I am adamantly opposed to torture for a variety of reasons. One is that I think there are certain things for which we should not try to use an "ends justifying the means" calculation. Another is that the hypothetical "ticking time bomb" cases do not justify the potential for abuse that comes with legitimizing the practice.

Reading McArdle is torture. I'm opposed to it.

If the Hollywood screenwriter's scenario of a ticking time bomb ever arises in real life, the interrogator will have to get a pardon for committing crimes in order to obtain "verifiable", and useful information.

Otherwise, we're talking about systemization of torture.

The result is what we've gotten in Abu Gharib-- purposeless, self-defeating abuse directed even at people who have nothing to do with anything bad.

That's also a very typical "Jane Galt" paragraph in that it's pretty much evidence free speculation on her part in support of what she'd like to believe anyway. It's especially sad from someone who fancies herself as a writer about a science. (She has no actual economics credentials so can't be called an economist herself.) It's the completely typical garbage she regularly sells. I'm sorry to see the Atlantic buy it and hope you can avoid linking to it though, from past practice, it seems as if maybe you're contractually obligated to do so. Too bad

There's something to be said for the general principle that it is sometimes necessary and just to kill, but it is never necessary and just to deliberately inflict severe pain.

Wow, and to think that 8,000 years ago when the Founding Fathers launched the USA they actually wanted it to be something which was a moral creation, which would represent the best of human potential, and things like torture were beneath us NOT because it wouldn't work or was cruel, but because We didn't want to be a society of torturers.

By the way, if a alien spacecraft came to Earf and said they'd kill us all unless we put all libertarians in jail and tortured them, wouldn't we do it? I mean, it'd keep us all from gettin' killed.

Matt, you can still send her "winks" on Match.com without paying the subscription fee. Just thought you should know.

I think everyone is being evidence free here. Yes, there is plenty of evidence that torture is effective at producing false confessions. However, that does not mean it isn't effective at getting someone to confess to something that is true.

The one simply does not imply the other.

One (of many) of the problems with the "ticking time bomb" justification for torture is that there have been no ticking time bombs and yet there's been torture.

We've used torture like a starlet uses credit cards.

Matt:

Are you somehow contractually obligated to respond to her foolishness due to your professional association? Or is it just easier for her to get under your skin because she shares a break room with you or something?

She's obviously a fool making foolish points, as you point out. The same has been true of every article of hers I've ever seen you link to (or in fact, have ever seen ever). I'm beginning to sense a pattern here...

From the Secret Diary of George W. Bush:

9/12/01
Deer Diarrhea:

Torcher is gud. Unca Dickie told me so. Feelin' sleepy now. Nebraska sure is purty.

I now understand that she's just a bomb thrower looking to get reactions. All the more reason to ignore her.

McMeg can torture me anytime, but she can't make me read her blog.

This is really meretricious, abstract intellectual fodder. Mental masturbation we used to call it. Oops, there I go again. Maybe she could intern with Digby to get ready for prime time.

At least she got the "torture is wrong" part. I think. She doesn't quote any expert opinion. If she had bothered to do the research, she would have found most credible experts assert that other methods of interrogation yield more and better information most of the time. And that successful use of those methods is not compatible with the mindset that condones torture.

However, the fact that the American Psychological Assn. has to debate whether its members can legitimately participate in any aspect of torture shows how low we've sunk. So I guess she's just joining the club. The dumb club.

Torture is wrong, and war/violence should only be waged in self-defense.

Presumably, if someone is being tortured "in good faith", by which I mean, the torturer is looking for real information and not a false confession, then there is probably a good chance that they will get it.

You're presuming away the false confession problem, which is nonsense. Good faith interrogators even without torture are fooled by false confessions all the time even in domestic law enforcement. Forcing people to tell you the truth always seems to turn into forcing people to tell you what you want to hear, even if that's not your intention (which is assuming a lot).

There's something to be said for the general principle that it is sometimes necessary and just to kill, but it is never necessary and just to deliberately inflict severe pain.

I like to put it like this--there might be reasons that are worth ending lives, but there aren't any reasons that are worth ending souls.

However, I think Matt's right that there's no evidence torture is any better or even as good as other interrogations--and in this case absence of evidence is evidence of absence because the torturers have every institutional incentive to find more justification for torture.

Megan had a good sci-fi point that even if present coercive interrogations have a low signal to noise ratio (and unlike her I think there's good reason to suspect that this is the case) future methods might be far superior.

But for a libertarian she's disregarded bureaucratic incentives far too quickly--the temptation to use a painful yet flawless truth-extraction technique for reasons other than anti-terrorism becomes overwhelming--even if your tools were flawless, the user is as flawed as ever.

MATT-- save yourself & your blog: step AWAY from the McArdle.

Matt reads McArdle so we don't have to.

Megan McArdle is primarily interesting because she seems to systematically fall prey to every logical fallacy that exists.

So I like to see Matt dissect her statements, mainly because it's a reminder that Matt's biggest strength as a pundit is his grasp of, and willingness to apply, elementary logic - something that sets him apart from 95% of the other pundits out there.

LaFollette Progressive and El Cid both have it right.

@LF: Yes. This is not about a jus ad bellum sort of situation, it's about the perpetration of grievous harm over an individual once he or she is in the utter power of the State. Once the war is over (or their portion in it) and they are captured. That is why it is so pernicious for W et al. to have labelled the Gitmo prisoners, who are clearly something like POWs as understood by the Geneva Conventions, as enemy combatants. It attempts to legitimize continuing violence against them.

And yes, El Cid is obviously and tragically right that the Founding Fathers did not reject torture from a consequentialist position a la Matt, but as a thing that is vile in and of itself. This is where Matt's strict Kantianism categoricalism becomes incompatible with what we know as essential decency.

Also, I think it's significant that "libertarians" like Mme. Galt are the most enthusiastic for the reasoning that supported the Court of the Star Chamber.

What evil times.

Using a silly example:

Let's say Homer Simpson gets arrested, and is tortured. He's asked "Tell who your terrorist cell leader is?!?" He confesses that his cell leader is Apu.

The FBI arrests Apu and tortures him as well as asking the same question. Apu answers "Moe the bartender!"

The FBI could do that all year until everyone in Springfield is arrested and tortured. The thing is... no one in Springfield is a terrorist. They only confessed or ratted out the next person on the chain to stop the torture.

And lets say that the FBI find guns in many of the homes of the Springfield terrorists. They use this as proof of terrorist activities. Yet, many or most Americans own guns.

To return to real life, if the terrorist in Minnesota had been tortured, would he have fingered Mohammed Atta or Apu at the Kwik E Mart? Either answer would have stopped the torturers.

Hey Matt, sounds intriguing, just make sure you come up with a good safe word first.

The "I'm against torture because torture just doesn't work" argument is a pretty dangerous one. What Matt is saying, in essence, is that, if someone could prove to him that torture "worked" some reasonable percentage of the time then he'd be perfectly willing to sign up in support. I believe this misses the point entirely.

Poison gas on the battle field certainly "worked" in that it killed lots of the enemy. The use of poison gas and other illegal methods of waging war are illegal not because they are unsuccessful at their short term aims but because they are considered excessively cruel. They are banned more for their long term effects than their short term success of lack thereof. The same concept applies to torture. Are we really so far gone that we need to debate this?

I wonder how MY feels about the torture or killing of suspects' family members. Certainly in war innocent children are killed and maimed and this is allowable and even "sometimes morally praiseworthy" (to use MY's odd construction). By MY's logic, then, if would be acceptable to torture and maim a terror suspect's children if doing so could be shown to "work." This is further than even Jack Bauer is willing to go. I wonder why this is?

The argument against torture is a moral one. To the extent that there is a practical argument against torture it is that it a) dehumanizes us, b) is very bad publicity and makes us a bad guy in the eyes of the world, and c) it makes it legitimate for our enemies to torture us. But these are just peripheral arguments. Some things are simply wrong. Torture is one of these.

Representative comment from above this one:
I now understand that she's just a bomb thrower looking to get reactions. All the more reason to ignore her.

Must...protect...lefty...echo-chamber.

If that's not what's going on here, prove it: name some right-of-you bloggers (or even just writers more generally) who you do find valuable to engage.

Larison. Drezner. Dreher. Douthat. George F. Will. Djerijian. Sullivan.

stm177, your Apu-Homer-Moe case is exactly what happened to Maher Arar: he was arrested and tortured after another innocent man accused him under torture.

of course torture can "work" at providing valid information.

ask the Gestapo or the KGB/GRU/OGPU for that matter.

idiots.

Ok, everyone, we get it. You don't like McArdle. Matt obviously disagrees. But it's all right, because no one's forcing you to read her, nor are you forced to read Matt's posts about her. So stop the fucking bitching, Jesus fucking Christ!

Ben,

Greg has been very shrill and snarky of late, even quoting Dirty Fucking Hippies at times. He's been consistently strong on torture and illegal detention and extraordinary rendition. I still find him interesting, and appreciate his ability to revise earlier views in light of current realities.

Andrew was all over the torture issue. I haven't read him recently for other reasons.

Are you indicting them for earlier crimes, or other views? Or am I missing something?

Adams,
Sorry for the unclarity. I was just listing bloggers to my right whom I enjoy. Largely because of things like their principled stance on torture.

A famous example of torture working is the Battle of Algiers. As anyone who has read A Savage War of Peace or seen the movie The Battle of Algiers knows, the location of the terrorist cells of Ali La Pointe and the other FLN soldiers were discovered through a combination of tight checkpoints and torture of FLN suspects. In the end, the terrorists in Algiers were destroyed. Torture worked.

The problem is that this was merely a tactical victory. The harsh tactics of the Paras hardened Arab attitudes, weakened the French public's resolve, and turned world opinion against France. These kinds of wars are always waiting games. There is rarely a decisive victory--rather the insurgents or guerrillas try to hang on long enough for the occupying army or colonial army to decide to cut its losses. So while torture helped France in the short run, it ultimately helped to turn the public against continuing the war.

Aside from its moral repugnance(which to my mind is the paramount reason not to torture), I think the strategic cost of torturing far outweighs the tactical benefits. But the tactical benefits have to be acknowledged. One can't pretend they don't exist.

Must...protect...lefty...echo-chamber.

Yawn.

I wasn't sure what was worse: the arrival of McArdle or the influx of her dittohead fanbois. I'm leaning towards the latter, because they feel obliged to show up in defence of their idol.

Torture seems to me very likely to work provided that you can verify the information, which I assume interrogators can in at least some circumstances.

If you can verify the information, doesn't that prove you didn't need to torture to get it in the first place?

And of course, you can never verify the fantasies concocted by an innocent man who'll say anything to get you to stop electrocuting or waterboarding him.

I always wonder what the pro-torture crowd thinks of John Yoo's standard:

Cassel: If the President deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him? Yoo: No treaty. Cassel: Also no law by Congress. That is what you wrote in the August 2002 memo. Yoo: I think it depends on why the President thinks he needs to do that.

After all Megan's argument makes as much sense if you torture someone's children instead of the person himself. Maybe more so. If we captured OBL's infant son and threatened to behead him, OBL might surrender. Does Megan think it's worth a try?

Megan McArdle is primarily interesting because she seems to systematically fall prey to every logical fallacy that exists.

Much as she annoys me, that's definitely not true. Even here McArdle's point of view is non-insane--arguments for torture should be based on morality rather than arguments over the effectiveness.

What's ridiculous is to call the argument that torture doesn't work facile when there are quite a few experienced interrogators who have asserted exactly that. If you make a facile argument, but it turns out that facile argument is true and valid, that just means the issue is a no-brainer.

Ms. McArdle placed herself beyond the pale of civilized discourse back in 2002, when she advocated beating antiwar demonstrators with 2 x 4's.

In the end, the terrorists in Algiers were destroyed. Torture worked.

Every day, betting the lottery works for somebody. Somewhere, someone gets rich playing some country or state's lottery. Probably a number of people do. I don't have to go back to the 60s to find an example of the lottery making more money for somebody than they played.

Nonetheless, the expected dollar gain from playing the lottery is negative. Likewise, though it's hard to tell because torture is usually secret, the expected tactical gain for any particular decision to torture we might make doesn't seem to be positive--false leads and confessions represent a serious cost to any investigation.

What's going on here is that there are a number of distinct, independent yet sufficient reasons why torture sucks. The expected tactical cost, the strategic cost, the likelihood of misapplication, and the simple moral truth that it's never acceptable no matter what (like, for example, rape). We shouldn't waste time arguing which one is best--they are each sufficient.

Mr. Noah - What logic? And why would you spend the time arguing with someone whose analysis is equivalent to that that occurs in a high school debating class.

slog - why don't you name one that's actually worth paying attention to instead of expecting everyone else to waste their time with such a fruitless task.

Everyone else - excellent discussion of why people who believe torture "should be on the table" are (aside from acting immoral, "I don't think it makes any sense at all to say that there's a categorical moral against smashing people's fingers with a hammer or whatever other depraved acts of torture you may care to imagine." WTF!) in need of some basic education regarding "the battle versus the war" theory of strategic military thinking. What, do you think that the people that drafted the Geneva convention just said one day, "Hey, maybe we should ban torture... sounds great to me, let's do it..." They actually had experience with the strategic and ethical consequences of torture (it's a short term strategy and it dehumanizes everyone, not just the tortees). Oh, and killing someone may be necessary, but it is NEVER praiseworthy.

Finally, Elvis Elvisberg , not sure what you mean by "...will have to get a pardon...", but in a truly honorable world (or Hollywood screenplay, whichever is closer), the Jack Bauer character would torture his suspect (thereby breaking the law, the Geneva convention, and every sense of moral decency) to get his confession and save his country, then he would accept and submit to the punishment he deserves for breaking the fricking law (albeit with consideration for his intentions). If we start pardoning every creep who breaks the law (i.e., Scooter Libby), just 'cause everyone likes him and it "just doesn't seem fair" our judicial system is headed down the crapper. Pretty soon, a president might decide to pardon someone who broke the law just to cover his own ass (as the founders predicted). Oh, wait a minute....

Torture works?

Sure. You'll get some answers and sometimes they'll be correct. That info may save a few lives of people on your side in the scenario the torture focused on. A tactical victory. We avoided a violent attack because we caught a guy who knew what was going to happen.

Gotta torture alot guys before you hit that needle in the haystack.

Tactically sometimes torture gets results.

Strategically?

The use of torture alienates your friends and inspires your enemies. Makes your entire country hated. Are there strategic issues there? You won that tactical victory with scorched earth tactics but did you win the larger war because of your torture?

No you most likely didn't. Torture as a tactic is arguable if you want to claim you can avert the occasional attack. But that ignores the larger context of nations and peoples and allies and enemies. Torture is a few guys in a room. The effects of that deliberate cruelty though is felt far outside that context.

Torture tars nations.

Torture shames peoples.

Torture makes enemies.

The tactical victories of instances of torture don't make the tactic worth the strategic cost.

.

Matt, you can still send her "winks" on Match.com without paying the subscription fee. Just thought you should know.

Spot on.

Y'know, this leftie blog-o-phenom is rapidly reaching a point of seriously diminishing returns. I feel like I'm watching a pack of larval media whores licking secretions off of each other's cuticles in preparation for their first molt.

No wonder so many of you kiddie Clausewitzen thought the Iraq adventure would be a splendid idea. You're like little G.W. Bushes -- happy little consequence-free lives.

Torture seems to me very likely to work provided that you can verify the information

Oh Jesus God. This is based on, what, her extensive experience with the psychology of torture? Is she actually getting paid to write this stuff?

Poison gas on the battle field certainly "worked" in that it killed lots of the enemy.

Actually, you'd be surprised. Per Wikipedia:

The killing capacity of gas was limited — only 4% of combat deaths were due to gas ...

Gas was mostly effective as a psychological agent - troops were petrified that they'd be exposed to it.

Jim W - Presumably, if someone is being tortured "in good faith", by which I mean, the torturer is looking for real information and not a false confession, then there is probably a good chance that they will get it.

Real torture, as opposed to Leftie "they tortured the poor terrorist by cold cells and female interrogators that humiliated him!!", gets results. That is why both communist and Nazi cells gave their goals that prisoners will only be able to hold out 4-6 hours before naming actual names as part of cell discipline. They knew people would break under actual torture and the threat that the torture would be doubly terrible if the prisoner lied and was caught in a lie - compelled the truth.

Common knowledge.

And why every spy and saboteur network knows there is a time limit before other cell members are named.
Why every major nation from ancient China and Babylon onwards devotes time and resources to having interrogation capacity, staffed by many of their best and brightest.

The Lefty and sadly, John McCain's Mantra that "Torture Never Works" is belied by the fact that each and every high-ranking Nazi tortured in Britains "Special POW Unit" broke, each and every American POW interogated and tortured broke in Vietnam. including McCain, and provided useful information, named names, though some slipped in lies.

The same with, outside ideological warfare or nation warfare into common criminal acts. Cops that deal with mundane criminals, not enemy combatant terrorists, say that if they have one muder suspect and no shyster lawyering the suspect up, that resolution is achievable in 50% of major crimes. Up to 70% of murders with a single suspect. With two or more suspects and no law or shyster stopping interrogation, the alibis and inducements to tell the truth can be cross-checked, one crook played against one another, and murder resolution rates rise to 90%.

That is, when we could still do so to protect the citizenry. With the Lefty crusade for felon's rights, the murder resolution rate in "don't snitch, get your free lawyer any time a cop "axe-izs" you a question inner city neighborhoods," murder resolution rates are down from 80% in the 60s to 3-4% today.

JimW then kinda blows it with toe-ing the Lefty line in that he says he opposes "all torture under any circumstances"

One is that I think there are certain things for which we should not try to use an "ends justifying the means" calculation. Another is that the hypothetical "ticking time bomb" cases do not justify the potential for abuse that comes with legitimizing the practice.

All that stems from the spectacular Liberal misapprehension that from ancient times people formed societies and gave up some of their original barbarian "total freedom" rights to pay taxes, to be sweated under orders of Viziers to give free work to build walls to keep cities safe from other barbarians, and obey limits like not raping whomever they pleased - out of a concern for enemy and criminal rights
and the right of welfare Mammies to sit on their asses and crank out other dysfunctionals needing more worker's taxes.

No, States were created so as to provide security. With those under that social contract agreeing to sacrifice a portion of their wealth and rights to get the security without which all their rights could end under the beheading sword of the external enemy, or by patholgical criminals or parasites within the society they formed.

JimW basically argues that security or not, he is a slave to laws that fail to protect him from predators and legitimate parasites....and "enemy rights" come 1st over security. Flipping what social philosophers from the Founders in the USA going East all the way over to Polynesian civilizations completely on their heads.

Then he says that a state doing their primary security function against enemy barbarians or psychotic crooks sets up, implicitly, rights erosion. That is a brainless Libertarian slippery slope argument that if you use means to stop Mongols from piling pyramids of heads of your citizens up, or interrogate 20 Bloods Gang members about a killing of 6 Hispanics lined up and executed with bullets to the brain - you "only set up the potential for abuse of innocent citizens",

If 9/11 Mastermind, Khalid Sheikh Mohammed was interrogated, and not actually tortured as most humans think Real Torture is defined, and his "abuse" and "lack of ACLU lawyers" and our expert interrogators were able to stop future plots aimed at wiping out the 30,000 infidel lives he targeted in 8 separate plots that were to follow 9/11...his slight discomfort as a lethal enemy sounds like a fair deal for US Citizens.


McArdle's comment demonstrate what I said yesterday - she hasn't got a goddamn clue about anything and she's talking way above her pay grade.

"Torture" does not work except in cases where the individual being tortured HAS NO MOTIVATION to withhold the information, i.e., is some citizen who doesn't know anything and doesn't WANT to defend his comrades.

The threat of DEATH on the other hand HAS been known to work, provided the individual being threatened values his life over his cause - and many people (stupidly in my opinion) don't, so in those cases even that will not work.

On a battlefield, if you need immediate tactical information, sure, beat the crap out of the prisoner or put a gun to his head (or better, to the head of one of his fellow captors and when THAT refuses to talk, shoot him.)

In any other context, this is unlikely to work well, ESPECIALLY if you can't immediately evaluate the quality of the information.

Somebody tell McArdle to stick to what she knows - if anything.

And for the clowns who think "torture works" because some insurgency or other was defeated sometime in history because the opponents used torture, gimme a break!

Establish by direct reference that the SOLE or even SIGNIFICANT cause of the defeat of the insurgency was even REMOTELY caused by tortured information without the benefit of other factors. It's bullshit from bullshitters.

And even THEN, that only could conceivably work where the terrorist group is small, localized and easily locatable, such as Che Guevara in Bolivia. Al Qaeda and its franchise groups do not fit that demographic.

All the "torture works" morons are simply too gutless to admit that they LIKE the idea of torturing people. It's that simple.

Yes, it IS conceivable that in SOME scenario, you could "kill your way to the top" of some organization by simply capturing and torturing individuals in the chain of command. This doesn't establish torture as a particularly valuable strategy or even tactic for general use.

The only reason torture is on the agenda is because that is Bush's psychology - the pathology of a boy who used to torture animals.

And that's the SAME psychology of anybody who advocates it as a general tactic.

Of course, the Bush administration also used torture to extract false confessions. Without torture, how were they going to get Al-Queda members to admit to receiving aid from Saddam?

They knew people would break under actual torture and the threat that the torture would be doubly terrible if the prisoner lied and was caught in a lie - compelled the truth.

Since any names they named would then be tortured into naming more names, this wasn't an issue.

the fact that each and every high-ranking Nazi tortured in Britains "Special POW Unit" broke

http://www.timesonline.co.uk/tol/comment/columnists/ben_macintyre/article729216.ece

Cops that deal with mundane criminals, not enemy combatant terrorists, say that if they have one muder suspect and no shyster lawyering the suspect up, that resolution is achievable in 50% of major crimes.

"resolution" is a cute word for false confessions.

The pro-torture crowd thinks sadism counts as evidence.

each and every American POW interogated and tortured broke in Vietnam. including McCain, and provided useful information, named names, though some slipped in lies.

http://mediamatters.org/items/200512090006

For that matter, KSM managed to slip in a very high proportion of bullshit to us. And he was talking before he was tortured anyway.

Consumatopia,

Excellent point and so Chris Ford doesn't waste any time checking, the Green Bay Packers didn't make it West of San Francisco in 1967.

The Nazis tortured prisoners for their own sick reasons. But when they actually wanted information, they used the soft touch.

Anyone advocating the use of torture to gain information should be beaten with this book Jason Bourne-style (torturing to give information, that's a different kettle of fish).
http://www.amazon.com/Interrogator-Joachim-Luftwaffe-Schiffer-Military/dp/0764302612
This is the story of Hanns Scharff the master interrogator of the Luftwaffe who questioned captured American fighter pilots of the USAAF Eighth and Ninth Air Forces in World War II. This Intelligence Officer gained the reputation as the man who could magically get all the answers he needed from the prisoners of war. In most cases the POWs being interrogated never realized that their words, small talk or otherwise, were important pieces of the mosaic Hanns Scharff was constructing for the benefit of Germany's war effort.

In the words of one erstwhile POW; "What did Scharff get from me? Nothing, yet there is no doubt he got something. If you talked about the weather or anything else he no doubt got some information or confirmation from it. His technique was psychic, not physical." Another POW commented, "Hanns Scharff could probably get a confession of infidelity from a Nun!" They are right. To this day ex-POWs fret and worry over what they said or even might have implied during their interrogations, and over what use Scharff may have made of their slip-ups. This book delves into the question: What was this magic spell or formula used by Scharff which made prisoners drop their guard and converse with him even though they are conditioned to remain silent? The tortures and savagery of the North Koreans and North Vietnamese caused prisoners to resist to the death. Hanns Scharff's methods broke down barriers so effectively that the USAF invited him to speak about his methods to military audiences in the United States after World War II.

Chris Ford,

The abuse of innocents is not a slippery slope argument; it is a real problem that existed back in the so-called good old days of law enforcement before the Miranda decision. A lot of people who railroaded for the crimes they didn't commit, when meant that the actual guilty parties went free. Therefore, claims about higher resolution rates for murders back in the pre-Miranda days must be treated with suspicion. In order to have an official resolution, you simply have to convict somebody; it doesn't have to be the right person for the case to be officially resolved.

The question is, what are the rates for the actual resolution of crimes in the pre-Miranda era compared to the post-Miranda era?

Re: "To say that a method of investigation works "provided that you can verify the information" is, after all, merely to beg the question."

This is just plain wrong. I've also seen a lot of comments saying, in effect, that if you can verify the information, then why do would you need torture in the first place?

For example, the classic Dirty Harry scenario had Harry Callahan torturing the psycho guy to tell him where the kidnapped girl was. This is something he could verify, but only after getting the information first.

Also, to say that torture works is not to deny (as many comments above seem to assume) that other methods might work better.

My opposition to torture is not based on a cold blooded cost/benefit analysis. I'm against it for the same reason I'm against many kinds of animal experimentation. The reason is primarily an emotional reaction based on its horribleness.

Megan McArdle could never be tortured, because none of her information is ever verifiable.

Was every single claim in Chris Ford's spittle-flecked rant an obvious falsehood? I'll take this one:

murder resolution rates are down from 80% in the 60s to 3-4% today.

Bully-Cummings said that while most of the multiple killings have been solved, the homicide section's closure rate -- the arresting of suspects in all of its cases -- is to low.

"I am not comfortable with our closure rate, which is about 45 to 50 percent," she said, adding that nationally police agencies average about a 65 percent closure rate on murders.

From this article:
http://www.detnews.com/2005/metro/0501/04/C01-49213.htm

See also:

http://newsroom.dc.gov/show.aspx/agency/mpdc/section/4/release/5537/year/2001/month/1/page/2

That article ascribes the drop in the closure rate not to crazed lefties, but to an increase in the number of murders committed by strangers (as opposed to family members or friends).

Sorry, screwed up the blockquote tags.

Torture tars nations. Torture shames peoples. Torture makes enemies. (Curt M)

All true. Unfortunately that argument doesn't do much work if you've got leaders like our current ones, who don't seem to believe the U.S. needs friends, honor or a good reputation in the world. To a certain cast of mind, those "strategic costs" of torture are bound to look negligible if you've got the most powerful armed forces the world has ever seen, half the world's defense budget, etc. There's an arrogant overestimation of American power at work here.

Then he says that a state doing their primary security function [by torturing] enemy barbarians or psychotic crooks sets up, implicitly, rights erosion. (Chris Ford)

But of course it does. Someone has first to determine who's an enemy barbarian and who's a psychotic crook. You don't always know in advance. So you end up torturing *suspects*, some of whom invariably will turn out to be *innocent*. And then you've shattered your social contract in the most fundamental way possible.

Yes, it IS conceivable that in SOME scenario, you could "kill your way to the top" of some organization by simply capturing and torturing individuals in the chain of command. This doesn't establish torture as a particularly valuable strategy or even tactic for general use. (Richard Steven Hack)

Precisely. Torturing KSM is a relatively easy case. Far more often, you don't know whether your detainees know anything of value at all. Or, you know they know something but you also know that the tactical value of that information is limited. Any defense of torture as policy has to deal with those cases -- the vast majority -- and not just with the ticking nuclear bomb scenarios.

Finally:

The tortures and savagery of the North Koreans and North Vietnamese caused prisoners to resist to the death. Hanns Scharff's methods broke down barriers so effectively that the USAF invited him to speak about his methods to military audiences in the United States after World War II. (beowulf)

Scharff was indeed highly effective. But let's not pretend the harsher methods of the Asian Communists were less effective. There was very little resistance to the death by US PWs in Korea. (I know less about Vietnam.) In Korea there were several instances of high-ranking officers who actually attempted to kill themselves rather than submit to interrogation. All failed and eventually gave something up. It was fortunate for the U.S. that the Communists were mostly seeking false confessions and propaganda statements rather than intelligence.

Ultimately, 'torture doesn't work' is the weak version of the consequentialist argumuent. 'Systematic torture is not worth the strategic costs' is the stronger version, and I think it's the one Matt is making.

Also, to say that torture works is not to deny (as many comments above seem to assume) that other methods might work better.

Since McArdle and I guess you are claiming that we should abandon utility claims and just focus on the inherent wrongness of torture, then "torture works" can only be interpreted to mean that torture is more effective than alternative methods. It doesn't prove much to claim that torture would work better than simply closing down all law enforcement and intelligence operations whatsoever.

Re: " ..."torture works" can only be interpreted to mean that torture is more effective than alternative methods. "

Well, MY makes the analogy in his post implying that it works as well as consulting a psychic. The reality-based among us know that consulting psychics doesn't work, so I thought his implication was that it doesn't work in absolute terms, not just in relative terms.

Torturing KSM is a relatively easy case.

And even that one was pretty damn suspect, in that we have little way of knowing whether what he tells us is actually true.

Scharff was indeed highly effective. But let's not pretend the harsher methods of the Asian Communists were less effective. There was very little resistance to the death by US PWs in Korea. (I know less about Vietnam.) In Korea there were several instances of high-ranking officers who actually attempted to kill themselves rather than submit to interrogation. All failed and eventually gave something up. It was fortunate for the U.S. that the Communists were mostly seeking false confessions and propaganda statements rather than intelligence.

Perhaps because they weren't very good at getting intelligence. The intelligence people gave "something" up, but probably also gave a lot of misleading nonsense up first, and might have given better stuff under more intelligent interrogation. The "weak" case against torture--that torture yields so much garbage data that any policy supporting torture will have more costs than benefits even in purely tactical terms--seems well-supported.

Robert Steven Hack wrote:
"And for the clowns who think "torture works" because some insurgency or other was defeated sometime in history because the opponents used torture, gimme a break!

"Establish by direct reference that the SOLE or even SIGNIFICANT cause of the defeat of the insurgency was even REMOTELY caused by tortured information without the benefit of other factors. It's bullshit from bullshitters."

I don't know which respondent you are responding to, but it may have been me, since I did refer to the Algerian War and the limited tactical success the French had using torture (combined with an extremely heavy-handed checkpoint system) to destroy the FLN terrorist cells in the Battle of Algiers. I would never suggest that this battle was won by torture alone. But torture did work--and it's not the French who say this. It's British historian Alistair Horne, Italian filmmaker Gillo Pontecorvo, and FLN commender Saadi Yacef (on whose memoir Pontecorvo's film is based). The government of Algeria apparently believed that torture was a part of the French's victory in this battle since they financed the film.

But what Horne and Pontecorvo (and presumably the FLN as a whole) believed was that in the long run, torture was a strategic error for France. (You can read what Horne says about the use of torture in Algeria here: http://www.salon.com/opinion/kamiya/2007/05/08/alistair_horne/index1.html)

That's what I believe too. I think our torture has hurt us and will continue to hurt us strategically. I also believe it is a moral evil comparable to rape and premeditated murder. It must be opposed by all people of good conscience.

The reason I bring up the Battle of Algiers is that I think the opponents of torture (and I include myself) make an error when they argue against torture by saying it never works because of the false information it produces. This is a bad argument because this is an arguable point. We opponents of torture should make our arguments on the basis of the moral problems with torture, the strategic failures of torture, and the way torture damages societies that practice it. These are much less arguable.

A good book that addresses these issues is A Miracle, A Universe by Lawrence Weschler. In it, he discusses torture in Uruguay and Brazil during their military governments, and the aftermath. Also worth reading is Torture in Brazil (a translation of Brasil: Nunca Mais), a secret report compiled by the Archdiocese of Sao Paulo while the military government was still in power. This book mainly consisted of actual documents produced by the military government--and is key because governments that torture usually destroy the records when they relinquish power (Brazil's military government did so). But it was too late because the Catholic Church had already secretly photocopied thousands of pages of documentation.

Brazil is an interesting (though horrible) case study of what torture does. The military government of Brazil was not thought to use torture in any systematic way until the revolutionary group the ALN started having some successes in the late 60s. At that point, the military government passed a number of laws that essentially gave them impunity to use any methods to secure the state. Widespread torture was implemented for anyone thought to be anti-government. Brazil destroyed the ALN (who, it is thought, never had more than 200 members) and effectively stop all armed resistance, in part by torturing suspects. But after all guerrillas and even all potential guerrillas had been wiped out, the military kept on torturing. Thousands of innocent persons were tortured. And as Torture in Brazil indicates, many people provided impossible, completely spurious confessions, which were admissible in Brazilian military courts. It was dreadful, and even now Brazil bears the psychic and moral scars, and elderly torture victims and torturers walk the street and interact.

I am utterly opposed to torture. I simply believe that our arguments against it need to be unarguable and informed by history.

And even that one was pretty damn suspect

Yup. Thus my 'relatively'.

Perhaps because they weren't very good at getting intelligence. [... The Americans] gave "something" up, but probably also gave a lot of misleading nonsense up first, and might have given better stuff under more intelligent interrogation.

Fair point. Indeed, many former PWs said so when they got back -- that the Communists were bad at getting information, and that PWs could easily stall by providing made-up technical specs for their aircraft, etc. It's worth noting, though, that that trick won't always work, i.e. "garbage data" doesn't always amount to much of a "cost" for the torturing government. Much depends on how much the interrogator and his side already know. If the interrogator knows enough to immediately spot your falsehoods, and/or if you lack the cleverness, courage or presence of mind to generate garbage data (or at least plausible garbage data), the torture is likely to "work" quite quickly in extracting accurate information.

Even so, your point has force -- I would use it to qualify mine and say that strategic costs aside, even the tactical gains to be had by torture are not always a sure thing, given the capacity of some prisoners to deceive and delay the interrogator and force his side to expend considerable resources trying to verify the information extracted.

Then again, the Scharff method which you hold up as the more effective alternative to torture also functions very slowly and requires the expenditure of considerable resources. So it's not clear how great the tactical advantage of that method ultimately is. Which is why I think the strategic argument against torture is the stronger of the two.

Matt, I hope they're paying you well.

Then again, the Scharff method which you hold up as the more effective alternative to torture also functions very slowly and requires the expenditure of considerable resources.

I think that's part of what makes torture useless--the interrogator is left with no incentive to do the "hard" work that actually yields results when they can just beat the crap out of the captive and write down whatever he blabs. False leads are dangerous not merely because they're logically misleading but because they are bureaucratically tempting--it makes it look like you're accomplishing something.

Moreover, that argument can be expanded to other exotic intelligence gathering techniques like data mining. It might be theoretically possible to separate wheat from chaff, but intelligence gatherers may lack incentives to do so.

I concede that I misunderstood some of what you said. However, I'm not sure the "strategic" case is much stronger in the respect that we're talking about. Torture proponents can contend that our enemies will hate us no matter what we do so the propaganda value of not torturing is minimal. That argument seems no less sticky than the tactical one.

False leads are dangerous not merely because they're logically misleading but because they are bureaucratically tempting--it makes it look like you're accomplishing something.

Yup. That's especially true if the bureaucracy labors under the assumption that 'if we tortured it out of them, it must be true'. It can lead to laziness as you say.

Torture proponents can contend that our enemies will hate us no matter what we do so the propaganda value of not torturing is minimal. That argument seems no less sticky than the tactical one.

Also very true. You're starting to convince me that the one is perhaps not much stronger than the other. To me, though, the strongest part of the strategic argument is not what torturing does to our image among our enemies (who arguably, as you say, hate us regardless), but what it does to our image among friends and neutrals (which in the present case will include the young and impressionable among Muslim populations, those who aren't 'yet' our enemies).

I can't help contrasting the present US approach with (again) the Korean War case. Then, the US administration bent over backwards to give the world the impression that it was treating enemy POWs decently. It slipped up at times, more out of neglect than intent to mistreat, but ultimately it took a pretty impressive stand on behalf of POW rights (even insisting, at the cost of many months' delay in the armistice talks, that they not be forced to be repatriated to Communist control if they didn't want to be). The hope was that neutral governments would admire this stand, and also that future Communist servicemembers would be more inclined to surrender to US forces if they got the chance, in the expectation that they'd be well-treated. Meanwhile US leaders loudly denounced Communist abuses of UN prisoners.

The point is: Truman and Eisenhower saw POW-handling policy as part of an important battle for world public opinion, a battle against a rival superpower that was also seeking friends among the non-aligned. Bush's policy, by contrast, suggests he doesn't believe the US needs to win that battle -- that it can simply dominate by force of arms. You can sort of see why, in a world without a rival superpower, a certain cast of mind would be tempted to embrace that position, but it seems clear it involves a vast overestimation of the capabilities of American hard power.

McArdle makes my brain hurt. In a Bush kinda way, not a Dummett way.

Chris Ford said:

No, States were created so as to provide security. With those under that social contract agreeing to sacrifice a portion of their wealth and rights to get the security without which all their rights could end under the beheading sword of the external enemy, or by patholgical criminals or parasites within the society they formed.

That's a nice fairy tale, but I wonder if there really is any evidence to back this up. Certainly it makes for a nice philosophical construct, but I have my doubts that this has any relation to actual history. A lot depends on the definition of "state". The post-Napoleonic nation-state? Or the very first civilized societies with governments?

An equally valid case can be made that civil governments were originally created to make it easier for local warlords to exact tribute from local citizens and prevent other local warlords from exacting tribute. Protection rackets writ large. The "purpose" of early states was to aggrandize and enrich their rulers as much as anything else.

I think the problem is that if you kill someone with a bomb or whatever, it's an "accident", whereas if you torture someone it's deliberate. Anyway, torture just seems wrong-ish, and who really cares why?

And I have to agree with those who think reading McMegan is torture. Talk about shitty writing, seriously.


Comments closed September 05, 2007.

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