« Why The Second Wetsuit? | Main | Out of Touch »

HRC on Torture

10 Oct 2007 07:10 pm

Drum, Sullivan, and Stoller were all enraged by this:

"It is not clear yet exactly what this administration is or isn't doing. We're getting all kinds of mixed messages," Clinton said. "I don't think we'll know the truth until we have a new president. I think [until] you can get in there and actually bore into what's been going on, you're not going to know."

Greg Sargent rides to the rescue with the full context:

Well I think I’ve been very clear about that too, we should not conduct or condone torture and it is not clear yet exactly what this administration is or isn’t doing, we’re getting all kinds of mixed messages. I don’t think we’ll know the truth until we have a new President. I think once you can get in there and actually bore into what’s been going on, you’re not going to know. I was very touched by the story you guys had on the front page the other day about the WWII interrogators. I mean it's not the same situation but it was a very clear rejection of what we think we know about what is going on right now but I want to know everything, and so I think we have to draw a bright line and say ‘No torture – abide by the Geneva conventions, abide by the laws we have passed,' and then try to make sure we implement that.

As Mark Kleiman says, this doesn't really wash and seems to indicate that she accepts the view that, for example, waterboarding which we definitely do know is happening maybe doesn't count as torture.

At any rate, Clinton has long distinguished herself as unusually friendly to executive power for an opposition party legislator, so there's little reason to believe that if she becomes president she'll be eagerly rolling the boundaries back from where Bush pushed them. I wonder if conservatives will be happy about the idea of HRC-administered torture, on the grounds that they just really love torture, or, maybe, once it's being done by a politician they don't admire they'll start to see that there's a problem here.

Share This

Comments (118)

. I wonder if conservatives will be happy about the idea of HRC-administered torture, on the grounds that they just really love torture, or, maybe, once it's being done by a politician they don't admire they'll start to see that there's a problem here.

They're more pro-torture than anti-HRC. Hard to believe you're actually wondering about this. Haven't most of the Republicans' comments on the Dem race indicated that HRC is the best of the lot?

You seem to assume that conservatives see prinicple as something that applies whether or not it benefits themselves. For a conservative, there is no problem with supporting torture when it favors us but not supporting it when it favors them. The us and them is the organizing concept, nothing else.

Hardly surprising. Bill Clinton supported pretty unconscionable expansions of executive power on his own behalf.

Yes, exactly. The answer is clearly the former. They want the U.S. to torture no matter who is doing the torturing (unless we start torturing people for being right-wing hacks who lie to the public).

It's other abuses of executive power that might convince them they went overboard. A well-timed indictment of a conservative donor and businessperson on the basis of secret information, say.

Hillary.
Pro-torture: check.
Pro-bomb Iran: check.
Pro-leave troops in Iraq: check.
Pro-Spend like Bush: check.

I haven't figured out yet what problem most Republicans have with Hillary other than her cackle.


Hardly surprising. Bill Clinton supported pretty unconscionable expansions of executive power on his own behalf.

Plus he had thirty-seven people murdered, or whatever. If you're gonna spout talking points, at least give some reference as to which one you're talking about.

Survey by Pew Research Center for the People & the Press Oct. 12-24, 2005; nationwide survey conducted among 2,006 adults

"Do you think the use of torture against suspected terrorists in order to gain important information can often be justified, sometimes be justified, rarely be justified, or never be justified?"

Often justified: 15%
Sometimes justified: 31%
Rarely justified: 17%
Never justified: 32%
Don't know/Refused: 5%

Most Americans seem to be more pro-torture than HRC.

Republicans in a new Clinton presidency will most definitely see *a* problem, but it will not be *the* problem. The Republican Party has for more than 15 years now constantly denied the legitimacy of any government, presidency, or administration, except their own. For them, the Party is the State. So their objection will not be to the fact of torture, or even the unexercised power to torture; it will be to everything that a new President Clinton does or can do. Of course, the same will be true if it's President Obama, Edwards, etc., etc.

Torture may be the singular worst issue to use public opinion to guide actual policy. A public reared on 24 and insert-action-movie-here has convinced Americans the best way to get info is to beat up the bad guys. Granted this almost never works.

for a little while I am ashamed to say I was wavering. Clinton is to be opposed. Actively. She is more Bush shit in Democratic garb.

I think Clinton is clear here - "no torture." What am I missing? I have other problems with Clinton and the war, but no problem here.

The answer for Ms. Clinton is very simple. No bimbos in the White House.

Torture may be the singular worst issue to use public opinion to guide actual policy. A public reared on 24 and insert-action-movie-here has convinced Americans the best way to get info is to beat up the bad guys.

Yeah, that must be it. They've been brainwashed by popular culture.

Or not. If Osama ever manages to set off a nuke or a dirty bomb or a chemical weapon in an American city and sends a video promising that more such attacks are on the way, I suspect that most of what little public support there is for an absolute ban on torture would quickly disappear--even among lefties.

Absolute bans on anything are typically a bad deal. However, that doesn't mean that torture should be a day to day modus operandi. HRC has not said or done anything to make me believe torture would be any kind of last resort.

If she had said:
"Torture is a crime. When I am elected, torture will stop immediately. We will investigate and we will bring the torturers to justice"

the torture would have stopped by now and the whistle blowers would be emerging like rats off a sinking ship. Not a single CIA or military person would risk going to prison for life.

But no. "I don't really know what's going on, we'll have to see, when I'm president we'll try not to torture.The signal she sent was, keep it up, boys, I've got your back.

If she had said:
"Torture is a crime. When I am elected, torture will stop immediately. We will investigate and we will bring the torturers to justice"

the torture would have stopped by now and the whistle blowers would be emerging like rats off a sinking ship. Not a single CIA or military person would risk going to prison for life.

But no. "I don't really know what's going on, we'll have to see, when I'm president we'll try not to torture." The signal she sent was, keep it up, boys, I've got your back.

If Osama ever manages to set off a nuke or a dirty bomb or a chemical weapon in an American city and sends a video promising that more such attacks are on the way, I suspect that most of what little public support there is for an absolute ban on torture would quickly disappear--even among lefties.

I'm sick to death of hearing this kind of claptrap. Torture doesn't work. It doesn't yield useful info. Grow a fucking brain and listen to what the people who actually know about interrogation are saying. (Hint: they were summarily ignored by Rumsfeld et al.)

Torture doesn't work.

Don't forget to close your eyes and click your heels three times whenever you say that.

Hmmm. I suspect that Hillary wants to retain the expanded powers of the President -- to imprison US citizens without a judicial hearing , to render them to foreign prisons like Gitmo, and to torture them -- in case Bill Clinton has another bimbo affair.

If she's elected, maybe her Secret Service detail and His Secret Service detail should sit down and talk. Work out the rules of engagement , so to speak.

Bloix nails it.

To me, attempting to differentiate yourself from the Bush Administration by repeating the same line the Bush Administration gives--we will follow the law--isn't a terribly strong argument. Making it just seconds after you've carried the Bush Administration's water and pretended we don't know enough to condemn their current actions...well, that moves it from "not very strong" to "uh, are you trying to tell us something here?"

And frankly, I really doubt the Clinton machine's commitment to rule and order.

It pains me to point this out, but extraordinary rendition--outsourcing torture--didn't begin under Bush. It began under Clinton.

http://www.aclu.org/safefree/extraordinaryrendition/22203res20051206.html

Bloix is right. She's sending a signal. Are we listening?

MY - I wonder if conservatives will be happy about the idea of HRC-administered torture, on the grounds that they just really love torture, or, maybe, once it's being done by a politician they don't admire they'll start to see that there's a problem here.

They, and most of the Democrats weeping for terrorist rights the "evil Bush-Hitler" transgressed ...were quite happy with Bill Clinton's policy of no-trial Renditions of Jihadis to people that could more effectively interrogate in Jordan, Israel, France, Egypt, and Russia.

I see Hillary as a little more intelligent than the brainless dogmatics who want to ban coerced interrogations of people outside Geneva protections.
"Torture is anything the prisoner finds uncomfortable or humiliating! It is wrong under any circumstance to question someone against their will!"

To save your fellow soldiers? To get Jihadis out to down a plane? That just car bombed 200 Iraqi civilians? To stop an anthrax attack on 8 US cities that has already killed 600 people and sickened thousands?

"Wrong! Wrong! Wrong! Wrong in any circumstance. Better 100's of thousands of innocent Americans die than we ever torture or even interrogate anyone who doesn't want to talk!"

They remind me of anti-abortionists so smug in their moral absolutism.

Do you favor abortion if a 12-year old is raped? Do you favor abortion if the fetus has severe birth defects and will die an agonizing death if born?

"Abortion is baby-killing. It is wrong in any circumstance. It is murder and must be prosecuted severely."

Do you favor abortion if the mother will have major adverse physical health effects? How about if the woman will die if they do not abort?

"Abortion is baby-killing. It is wrong in any circumstance. People who get one or assist in any way are murderers who must be punished! How can I be clearer!!"

Anti-"torture" fanatics are like the anti-abortion fanatics. Mindless dogmatism. Sure there are no circumstances where abortion is moral or getting intelligence from the enemy and saving lives is permissable.


Former president Jimmy Carter isn't just suspicious that the US is using torture to extract intelligence from detainees -- he's absolutely convinced.
Asked by CNN's Wolf Blitzer if, by Carter's definition of the word, the United States had used torture during the Bush administration, the Nobel Peace Prize winner was adamant:

"I don't think it, I know it," he said. "Certainly."

Pressed by Blitzer on whether that meant that President Bush was lying, Carter was equally clear.

"The president is self-defning what we have done and authorized in the torture of prisoners," said Carter."Yes."

Earlier in the interview, Carter said Bush's denial this week that the US did not in fact torture detainees was "not an accurate statement if you use the international norms of torture as has always been honored in the last 60 years, since the Universal Declaration of Human Rights was promulgated."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

There, was that so goddamned difficult? Jimmy Carter has bigger balls then all the goddamned Democrats in D.C. combined. Speak truth to power. Bush should hang. Tonight.

"Plus he had thirty-seven people murdered, or whatever. If you're gonna spout talking points, at least give some reference as to which one you're talking about."


Wait, are you claiming that Bill Clinton did not support expansions of presidential power? Leaving aside things like the line item veto, which was rejected by the supreme court in Clinton vs the city of New York, or his claim that sitting presidents are immune from lawsuits which was rejected by the court in Clinton v Jones, he definitely had a tendency to stretch the limits of his power. For one thing, he had a habit of bombing lots of countries we were not at war with. For another, he was a little too quick to allow excessive force domestically, as in the Waco calamity.

I'll concede that it's not, in fact, clear what the administration has actually done or is doing. I think I have some idea, but I can see where HRC would be slower than I to believe what she reads on the internets.

My problem with her answer is not that she secretly wants to continue Bush's torture policies, but rather that she doesn't appear to have spent a lot of time thinking about the issue. It's not on her front burner. I and most of the commenters here probably know more about forced standing, waterboarding, etc. than HRC does.

What to make of that? I don't know. I hope she *gets* informed in the near future.

If America is going to continue torturing people it is all the more important that we elect people who will know how and when to use it.

If not Hillary then who would you want to have this power?

Just think, Hillary might appoint a special prosecutor to investigate republican corruption. Alberto Gonzales wouldn't last a minute on a waterboard before investigators got the truth out of him. It would be ironic using techiques he approved against him, but in a funny way.

Hillary is probably the only person running who, as President, would use torture judicially. I'm sure America would agree.

"Anti-"torture" fanatics are like the anti-abortion fanatics. Mindless dogmatism. Sure there are no circumstances where abortion is moral or getting intelligence from the enemy and saving lives is permissable."


It's a really srewed up world in which people who oppose the systematic use of torture against large groups of people, several of whom we now know to have been completely innocent are called fanatics.

Wait, are you claiming that Bill Clinton did not support expansions of presidential power? ....the line item veto, which was rejected by the supreme court in Clinton vs the city of New York, or his claim that sitting presidents are immune from lawsuits which was rejected by the court in Clinton v Jones,...he had a habit of bombing lots of countries we were not at war with....the Waco calamity

You are so right. I remember when Clinton created the line item veto by secret executive fiat and had his toadlicker Attorney General make up legally wobbly rulings to justify it. (You'd think he wouldn't have had the chutzpah to pull that trick again with the "immunity from lawsuits" thing.) And of course, his deceit and incompetence in the Waco calamity led to billions of wasted dollars and tens of thousands of dead Iraqis.

Duly chastened, I hereby withdraw any assertion I might have made that the current administration might be worse.

At what point did I say Clinton was worse than Bush? Can you read?

Here's the compromise for Chris Ford and his ilk: Torture must be against the law and be prosecuted rigorously in all cases. If it's really, truly vital to the nation's future and the lives of thousands* then presumably some people will be willing to accept the consequences of that prosecution. If no one is willing to accept them, then I think we can easily conclude it's not vital.


* I share however the sketicism that torture can ever produce trustworthy information. Torture victims from the days of the ancients down through the Inquisition and the KGB confessed to some extarordinary and often enough quite impossible and fantastical things, telling the torturers what they expected to hear. I rather think we'd be better off finding people with some degree of psychic ability and training them to ferret out secrets instead. It would work better and be cleaner.

You were being obnoxious to Oto, who pointed out that Clinton himself supported extensions of executive power, implying his "talking points" were untrue. I corrected you. What's your problem?

Besides, I didn't even mention clinton's own practices of extraordinary rendition.

James Gary- of course she'd be better. But she's not the best of the candidates, and it's beginning to look like she won't be good enough. We need someone to rip out the corruption and the rot, to purge the fascists and sadists and crooks and shine the disinfectant of sunlight on the putrefying sores of our democracy. She's not going to do it. So the vermin will go to ground for 4 years or 8 years or whatever, and they'll let her balance the budget by raising taxes, then the next time around they'll come out again. They don't give up- they have to be killed with a stake through their cold black hearts. And she's not the one to do it.

With the amount of torture that's gone on, there must have been a truly amazing number of nuclear time bombs planted in US cities. It's surprising that no word about any of them has leaked out.

Jonf

Here's the compromise for Chris Ford and his ilk: Torture must be against the law and be prosecuted rigorously in all cases.

Good luck with that. An interrogator who extracted the information needed to locate a hidden terrorist nuke through five minutes of waterboarding would be a national hero. No prosecutor would file charges against him. No jury would convict him. No president would fail to pardon him. Well, maybe a president Jonf, but fortunately we don't have to worry about that.

I share however the sketicism that torture can ever produce trustworthy information.

We don't have to "trust" the information if we can verify it, as in the location of a ticking time bomb.

"At any rate, Clinton has long distinguished herself as unusually friendly to executive power for an opposition party legislator..."

Matt STILL doesn't get it...

It's amazing...

Matt! She's running FOR THAT EXECUTIVE POWER!

Wake the fuck up!

Jesus, you'd think he was on dope...

So Mixner, we should base our laws regarding torture on a scenario that has never happened, and isn't likely to in the future?

"To me, attempting to differentiate yourself from the Bush Administration by repeating the same line the Bush Administration gives--we will follow the law--isn't a terribly strong argument. Making it just seconds after you've carried the Bush Administration's water and pretended we don't know enough to condemn their current actions...well, that moves it from "not very strong" to "uh, are you trying to tell us something here?""

And that's exactly the point I made in the other thread. If you sound like the opposition, you're NOT going to BEAT the opposition.

Which means you're actually NOT "the opposition".

Which is precisely the point Matt seems determined to ignore.

There IS NO DIFFERENCE between the Democrats and the Republicans when it comes to "national security", i.e., war profiteering. They are, together, the "War Party".

Sure, the Democrats can say, "But we're great on gay rights, labor laws, the environment..." except of course for the environment of some other country they decide to bomb for "humanitarian reasons". But these "causes" - which are mostly simply different attempts to expand government power into other areas than "mere" war - are not enough to swing the voters when "the FEAR" is on them - like after 9/11.

Get a grip, people. Clinton was a "war President", Bush is a "war President" and HILLARY will be a "war President."

There are NO Presidents who AREN'T "war Presidents" - unless our "enemies" don't give them a chance to start one by some fortuitous circumstances.

"We don't have to "trust" the information if we can verify it, as in the location of a ticking time bomb."

Mixner, what are you going to say when said "national hero" waterboards some nuclear terrorist - and the terrorist hands him a load of bullshit, and the nuclear incident team ends up in Las Vegas when the bomb is actually in Miami, and the bomb goes off anyway?

Fucking moron. That outcome is at LEAST as likely as your "national hero." Is it not fucking OBVIOUS to you that you CANNOT verify information you do not KNOW from OTHER sources? ESPECIALLY in the "ticking bomb" scenario?

ESPECIALLY if said "national hero" RELIES on that procedure - which you obviously would since you trust it so much.

Nitwit.

I suspect that deep down Hillary actually thinks that she is going to be allowed to use the Double-Secret Dick Cheney Unitary Executive rules and powers. She really does not understand that the instant she take the oath of office the rules will change, the traditional media will be on her like flies on horse droppings, and even the Congressional Democrats will grow spine and start oversightin'. The Unitary Powers of the OVP will be put away safe and sound until a manly Republican can take them out and use them (say, Jeb in 2012?).

Cranky

Dear JonF,

I think there is some legitimate debate though, about whether all physical pressure techniques count as torture. i think there is a morally relevant distinction between giving a suspect a bit of slapping around, and doing things like breaking bones, damaging vital organs, or seriously threatening the life, health or sanity of a prisoner.

I can't accept the legitimacy of torture, per se, but I don't think that all physical pressure rises to the level of torture. Certainly a great deal of what the US has been doing in Iraq does rise to the level of torture. However I am not certain if we ought to outlaw all coercive techniques as a blanket matter.

I also think we should acknowledge, even if we disagree with it, that there is a historic Christian argument in favor of the use of pain and physical pressure by the legal system, which revolves around the idea of physical suffering sometimes being necessary to provoke a spirit of repentance in the subject and to break their pride. (Simone Weil provides a sort of modern day version of the argument for redemption through suffering.) I wouldn't use this to justify torture, but I do think that it is a powerful argument and critique of too many twentieth century views of criminal justice. Since the whole Christian story is built around the narrative of (vicarious) redemption through suffering, I think I am bound to accept the idea at least in principle.

As a strictly pragmatic matter, it's worth bearing in mind that there is probably no country, not even 'liberal democracies', that has ever fought an insurgency (whether it was justified or not) strictly by the Marquess of Queensberry rules. Britain in Belfast, France in Algeria and Viet Nam, India in the Punjab, Sri Lanka in Jaffna, and don't even let's get started on Israel. Of course there's a legitimate question- if torture is necessary to win the War on Terror, then is this a war we should be winning, or even fighting in the first place.

Hack,

Mixner, what are you going to say when said "national hero" waterboards some nuclear terrorist - and the terrorist hands him a load of bullshit, and the nuclear incident team ends up in Las Vegas when the bomb is actually in Miami, and the bomb goes off anyway?

The "nuclear incident team" never goes to Las Vegas. Immediately after the terrorist gives the address in Las Vegas the local police check it out and inform the interrogator that the information is false. The torture continues until the terrorist reveals the true location of the bomb. You are aware that there are these devices called "telephones" that allow government agents in one city to instantaneously communicate with government agents in other cities, aren't you?

Fucking moron.

Fracking walloon!

Is it not fucking OBVIOUS to you that you CANNOT verify information you do not KNOW from OTHER sources?

Of course you can. You verify the information "The bomb is in the warehouse at the corner of Bleeker and 1st" by checking out that location.

>>I see Hillary as a little more intelligent than the brainless dogmatics who want to ban coerced interrogations of people outside Geneva protections.

Ah, the pro-torture Hillary contingent awakens. Truly comic, but in a sad, pathetic, Lieberman way.

Just remember: Bush just isn't good at torture. Hillary knows how to triangulate and torture more judiciously. With retsin!

So Mixner, we should base our laws regarding torture on a scenario that has never happened, and isn't likely to in the future?

We don't know if it's ever happened, and we already have laws and policies designed to cover situations that have only happened rarely (e.g., the assassination of a president) or have never happened at all (e.g., a nuclear missle attack). I don't know why you think the fact that a situation is rare or unlikely means that we shouldn't prepare for it.

Mixner, you really are an incredible idiot.

You think the terrorist is going to just blurt out the location of the bomb, and then the cops are gonna call that city on the phone, and then they're gonna rush in and find that there's no bomb there...

and then they're going to do it all over again when the terrorist dumps more bullshit they have to go verify ALL OVER AGAIN...

...and again...and again...

until the bomb goes off.

My point was that it will take you time to verify that information - if you even can - and by that time, your "ticking bomb" ain't ticking any more.

Nitwit.

"I don't know why you think the fact that a situation is rare or unlikely means that we shouldn't prepare for it."

Ohhhh, I get it. We need to "prepare to torture" someone - not actually DO it.

Is that your brilliant notion?

How do we "prepare to torture" without actually "torturing" anybody?

Do we read a manual? Plenty of them around. by the way. Do we hold seminars on the proper methods of torture? Do we produce training films on the proper methods of torture? I think the School of the Americas was into that. Do we lay in a stock of needles, whips, chains, cigarette lighters, or maybe one of those carpet beaters from "Casino Royale"?

No, moron. What you're advocating here is simply that you want to torture anybody anytime for any reason your little heart desires, whether it's for a critical incident like the nuclear scenario or just to find out what Osama had for lunch.

Fuck you. You're a punk who thinks he's tough but he's got too much intellectual cowardice to actually call explicitly for torture as a matter of national policy because he knows nobody will take him seriously afterwards.

News flash - we don't take you seriously now.

"We don't know if it's ever happened, and we already have laws and policies designed to cover situations that have only happened rarely (e.g., the assassination of a president) or have never happened at all (e.g., a nuclear missle attack). I don't know why you think the fact that a situation is rare or unlikely means that we shouldn't prepare for it"

No, my point is we use torture routinely in circumstances that are not "ticking time bomb" situations. It's one thing to make an exception to that rather dubious scenario, but what about what actually happens every day?

Hack,

You think the terrorist is going to just blurt out the location of the bomb, and then the cops are gonna call that city on the phone, and then they're gonna rush in and find that there's no bomb there...and then they're going to do it all over again when the terrorist dumps more bullshit they have to go verify ALL OVER AGAIN......and again...and again...

I don't think the terrorist would "just blurt out the location of the bomb." First, he would be threatened with torture. If that didn't work, he would be subjected to torture. The longer he remained silent, or the more times he gave false information, the more intense the torture would become.

My point was that it will take you time to verify that information -

So you're admitting that your previous claim that the information could not be verified is false. Verification would likely take little time. The interrogator's office could communicate instantaneously with local police, FBI agents, bomb squads, SWAT teams, military personnel, etc., in every major population center. Verification would likely take a matter of minutes.

if you even can - and by that time, your "ticking bomb" ain't ticking any more.

How do you know?

mad,

No, my point is we use torture routinely in circumstances that are not "ticking time bomb" situations.

I'm not advocating the use of torture in routine circumstances. I'm saying its use is justified as a last resort in rare circumstances to avert a large-scale catastrophe. That is, in "ticking time bomb"-type situations.

I'm always curious where the "ticking nuclear bomb" crowd will draw the line.

Suppose our terrorist isn't breaking under your torture, and time is ticking down. But you happen to have that terrorist's young child in your possession. Are you willing to torture the child on the chance that will make the terrorist talk? Toss in a little child rape? Suppose you have a couple of the terrorist's children handy. Will you kill one to prove you are serious? After all, time is ticking down ...

In the end, I think these hypotheticals will end up showing that these folks in truth don't really think torture is all that wrong. Which is why, in fact, they go ahead and torture even when there is no nuclear bomb ticking away.

By the way, I think it fundamentally misunderstands the evil of torture to argue that there is some sort of line to be drawn between attempting to break someone's will with a little pain versus with a lot of pain. The evil is basically the same: you are trying to use pain to make the person no longer capable of functioning as a rational being. And of course the whole point is that you have to cause them enough pain to make them break, and it is a little silly to imagine that will work with anything short of ... well, torture.

I'm going to keep this brief. Your accusation "As Mark Kleiman says, this doesn't really wash and seems to indicate that she accepts the view that, for example, waterboarding which we definitely do know is happening maybe doesn't count as torture." is inconsistent with the actual qutation of Clinton. You seem to think that the word "seems" relieves you from any responsibility to present any argument or reasoning at all. The "laws we have passed" which Clinton promised to obey were enacted to make it clear that the Bush administrations abuses were illegal. I didn't notice you arguing that the laws were intended to legalize water boarding when they were debated. If you really believe what you wrote here, you would have done so.

I support Obama. I am not arguing with your appalling illogic because I want to help Clinton win the nomination.

This post falls so far below your usual standards that I am honestly shocked and dismayed. I can only hope that some unscrupulous enemy of yours has stolen your password and put the post up on your site to discredit you.

The correct answer: "No torture. Period." What the hell is going on in this country.

I also think we should acknowledge, even if we disagree with it, that there is a historic Christian argument in favor of the use of pain and physical pressure by the legal system, which revolves around the idea of physical suffering sometimes being necessary to provoke a spirit of repentance in the subject and to break their pride.

Whoa! That is not Christian at all! Yes, Christianity is about suffering, but you're supposed to be the martyr, not the dude who forces the other guy to be a martyr. Amongst the conservatives, the theocons, paleocons and traditionalists seem to be most likely to object to torture.

That's not to say that all corporal punishment as a deterrent to crime is beyond the pale, but talk of "being necessary to provoke a spirit of repentance in the subject and to break their pride", cannot be acknowledged as anything but inhuman. It may be a necessary evil for the state to take a person's property, liberty, or even life. But for the state to get into the business of breaking souls can never be acceptable. It is one thing to punish a person for performing an act. There is an infinite gulf between that and continuously punishing someone for not performing an act.

Alright I need to post here because there's a lot of smug behavior in these comments. I'm not advocating one side versus another but there's a lot of shitty assertions and misrepresentations being made.

Richard

Maybe you should actually respond to Mixner's point rather than making ludacris assertions. I'm not saying I support torture, but your refutation of Mixner is what basically amounts to "nu uh".

I think its especially ludacris to argue that torture is bad because we "cant verify the information" Every ticking time bomb scenario isn't

"OMG THERES FIVE MINTUES BEFORE A BOMB AHHH AHHH AHHH"

The argument for torture during time senstive situations implies that there is enough time to stop the attack. In any such case there would be enough time to verify the information.

Also this argument about false information has merit but isn't all that strong.

Sure you might torture someone and they might give you information. But they might not. Anytime you recieve 3rd party information whether it be an informant, a tip,etc you stand the risk of the information being false.

Also for every argument made that torture will not work because the person being tortured will give false information, the same argument could be made that the fear of more torture and worse torture for giving false information would go a long way to prevent this.

LOOK, I think there are a lot of good arguments against torture. But call those arguments what they are...MORAL arguments. I'm a lot more persuaded by the argument that torture is just morally wrong and should not be used rather than yelling, screaming, and calling people who might not agree with you bad names.

I Mixnor is right. It's easy to scream TORTURE IS BAD, but thats being disingeinious to the issue. The debate we need to be having more than whether we should or should not allow torture is what do we consider torture and where we draw that line.

Oh, come on, now. You're telling me that because she weaseled a little bit in answering a question on the campaign trail you think she will continue torture? As opposed to perhaps just that she didn't plan to roll out her strategy right at that moment in the response to that question in that venue?

That's absurd. Clinton has spent her entire life working for progressive values. I don't pretend to know her, and I'm sure there are legitimate avenues to knock her around on, but I entertain no doubt but that she believes in human dignity at her core. This attack is a bridge too far.

I'm not advocating the use of torture in routine circumstances. I'm saying its use is justified as a last resort in rare circumstances to avert a large-scale catastrophe. That is, in "ticking time bomb"-type situations.

In stats they talk about "Type 1" and "Type 2" errors. You're worried about the Type 2 situation--a ticking large-scale bomb exists and torture will disarm it but we fail to torture. We are worried about the Type 1 situation--there is no bomb or there is a bomb but torture is useless in uncovering it but we torture anyway by mistake or malice. You can't just say we'll only torture when it's really necessary--law enforcement is human just like the rest of us. To say "we will torture when necessary" means "we will torture when it looks necessary", and those situations always overwhelm the ones in which it actually is necessary.

DTM,

Suppose our terrorist isn't breaking under your torture, and time is ticking down. But you happen to have that terrorist's young child in your possession. Are you willing to torture the child on the chance that will make the terrorist talk?

If the circumstances are sufficiently dire, yes. Are you willing to drop bombs on enemy cities in time of war, killing and maiming innocent civilians, including children? In WWII, we killed and injured hundreds of thousands of German and Japanese civilians in this way. Our sanctions policy against Iraq during the 1990s (discontinued only after we invaded in 2003) killed hundreds of thousands of Iraqi children.

By the way, I think it fundamentally misunderstands the evil of torture to argue that there is some sort of line to be drawn between attempting to break someone's will with a little pain versus with a lot of pain.

So you think the legal definition of torture should refer to the infliction of any level of pain, no matter how small, rather than "severe pain," as it does now?

JC note that Clinton's position is much stronger than yours. she said no torture but went on to also say follow the geneva conventions and the laws they have passed. They also ban "cruel inhuman and degrading treatment". Thus "No torture – abide by the Geneva conventions, abide by the laws we have passed," goes way beyond "no torture". Current law clearly declares torture to be a crime. Clinton, being a Senator, knows this and may have forgotten that some people (upthread) for example need to have that spelled out.


That is, given the law and the Geneva convention, Clinton clearly said she would not allow "enhanced interrogation" short of torture. The laws and the Geneva conventions make this clear. She may be lying, but she definitely did not say that anything short of torture is OK. Only someone who ignored the words "abide by the Geneva conventions, abide by the laws we have passed," or does not know what is written in the laws and the Geneva conventions can fail to understand that.

I think it is quite common for Senators to assume that people know what is written in a recently passed bill. This can lead to confusion, but it is not vague (the law is clear Bush just decided to ignore it).

Also it is quite common to react more to the style than the literal content of a statement. Clinton takes a while to get to the point. This gives the impression she is dodging the question. However, her final statement is as clear as the laws and the Geneva conventions and they are plenty clear.

Phil,

Of course, there are much more sophisticated pragmatic arguments about torture. Basically, the problem is that torture in the real world is not cost-free. For example, in addition to the false information problem (which is very often a real one in real world scenarios), there is the problem frequently cited by intelligence experts, which is that torture makes it harder for them to persuade other people to become voluntary sources of human intelligence. Indeed, torture may be counterproductive simply because it may undermine more effective means of interrogating the person you want to torture. The upshot is that even if you ignore the moral issues, in the real world you have to balance the possible benefits against the costs.

But in the end I agree with your point: it is always going to be possible to construct some sort of hypothetical to address any pragmatic argument, basically by building into the hypothetical whatever facts, however far-fetched, you need to raise the benefits and lower the costs until the balance comes out in favor of torturing.

Of course, playing with hypotheticals like this is a poor way to do things like construct laws, but I think it is a useful exercise insofar as it ends up revealing what I suggested above: that in truth, some people really don't think torture is all that wrong. So, they will be willing to torture if they think torture will serve a practical purpose.

>>Clinton has spent her entire life working for progressive values.

Clinton has spent her entire life working to get either her husband or herself elected.

There. Fixed that for you.

Hi Consumatopia,

Well, I wouldn't necessarily disagree with you, especially since you don't claim that all corporal or capital punishment is beyond the pale. I cdon't believe in torture- particularly not when I think about the graphic details of torture. You're right, of course, about the 'theocons' (much as I hate that word). The Christian arguments I was referring to were the older ones. And the ones by later medievalists like Simone Weil, though I don't think she advocated torture, and apparently the death penalty only for rape.

Nevertheless, I think that 'redemption through suffering' is at the center of the Christian narrative, and is in its essence a powerful and true idea. Like all noble ideas, it lends itself to corruption, and in practice became corrupted on a grand scale. We should set limits on it to avoid things like torture and what the US has been doing in Iraq. But ultimately, I agree with Simone Weil that redemption through suffering needs to be something that the legal system of a just society takes account of and pays its respect to.

I suppose I was just pointing out that while torture is an evil thing, not all physical, corporal and even capital punishment is necessarily beyond the pale.

We are worried about the Type 1 situation--there is no bomb or there is a bomb but torture is useless in uncovering it but we torture anyway by mistake or malice. You can't just say we'll only torture when it's really necessary--law enforcement is human just like the rest of us.

Yes, the torture might not work. Yes, the torture might work, but we still might not be able to disarm the bomb in time. Yes, we might torture innocents by mistake. Yes, the power might be abused. But so what? Objections of this kind also apply to every other kind of government action that harms people in some way. There are probably thousands of innocent people in our jails, wrongly convicted. Does that mean we should never imprison anyone at all? We probably dropped thousands of bombs during WWII that destroyed more lives than they saved. Does that mean we were wrong to fight WWII? Human beings are fallible. Information is imperfect. So you do the best you can. You don't say "It might fail or be abused, therefore we should never do it at all."

Mixner,

Just an aside, but I personally think it is wrong to deliberately kill civilians as a way of exerting pressure on a government to end a war. And yes I know we did it in WWII, but I think it was wrong.

Anyway, as I pointed out before, if you are trying to use pain to break someone's will, generally you will need to inflict a serious amount of pain on that person for your plan to work. So in the real world, if you are at all serious about using pain to break people, you will end up torturing them under the standard definition. But in any event, even if you do somehow stay short of torture, what you are doing likely is still going to end up being inhumane. Again, that is because the fundamental evil is the same (trying to make the person incapable of functioning as a human being).

So Mixner, we should base our laws regarding torture on a scenario that has never happened, and isn't likely to in the future?
Posted by mad6798j

No, we should base it on the FACT that all organized militaries have employed people utilized as interrogators since the dawn of history. Most used coercive interrogation to exploit info from captured enemy. Which went from the "no physical harm" methods the US uses to beatings to death threats then to real torture. These methods then migrated to organs of domestic security in most states.

Perhaps you are familiar with them - detectives, prosecutors, lawyers that do cross on both suspects and witnesses..

Conversely, since the dawn of history, militaries, spy groups, revolutionary cells have learned to compartmentalize and have contingency plans ready in case of turncoats or capture by enemy soldiers forcing out all one of your own guys knows.
That is why people in those groups make contingency plans that assume the enemy will force the info out, because...as the motto of US SERE school goes everybody eventually talks, don't let that end your resisting the enemy in other ways Those include plans like spies will only last 4 hours before betraying the names of others in the cell, frequency codes need to be changed within 6 hours of a US Navy pilot being downed over enemy territory and likely to have survived.

Brainless dogmatics that say "torture never works" have only to look at what Israel, the North Vietnamese, the Philippine, and our own success rate is with interrogations. Everybody eventually breaks and reveals info the enemy wants.. Even John McCain, who while delusionally, and widely quoted and admired by fawning media and Lefties for saying "Torture Never Works", is documented in past writings as breaking and revealing what he knew to the NVA questioners in several sessions....maybe slipping in a lie now and then they didn't catch, maybe regaining his resistance later...but no doubt exists he talked and gave up accurate info..

**************************

The "ticking time bomb" is used in studies because it is an ethical hypothetical in debate that helps ethicists sort out those who will engage in a rational discussion from the moral absolutist fanatics on the fringes. Nuts that either claim blowtorches on jaywalkers would be constructive...To those fanatics saying enemy rights are so dear to them that NO TORTURE, EVER!! under any circumstances is justified, even if their solicitude for one terrorists causes a mass murder catastrophy that could have been prevented.

The ticking time bomb scenario, in risk analysis and mitigation strategy - is defined as a low probability, high consequence event. Like a reactor meltdown. But one, like with reactor safety, of such high consequence that it bounds the range of high consequence events any rational person would do everything to avoid.

A more realistic, far more frequent scenario, where Democrats and enemy rights lovers have already caused dead Americans in real life, is catching an Iraqi IED transporter and being blocked by lawyers from vigorously interrogating the terrorist to learn who paid him to transport the troop-killing bombs. Where he picked them up, who else was in the network.

*************************
Jonf

Here's the compromise for Chris Ford and his ilk: Torture must be against the law and be prosecuted rigorously in all cases.

You assume that interrogators would have such a high level of altruism for American strangers they don't know that they would accept wrecking their lives, their family's lives "for the good of the nation" if such conduct was illegal. Clutching a thin reed of hope that after they lose their career, their freedom, their life savings on defense lawyers - that some jury will nullify the charges IF they saved lives.

A more realistic scenario is that counter-terrorist agents will see if there is any personal risk to family or friends of the terorist group attacking a target they expect to be attacked - and get those special people out of harm's way. Then, after a major enemy-caused castastrophie, fully protected from anti-interogation laws Lefties foolishly got guillable Congressfolks to emotionally pass, there careers safe by inaction and letting the terrorist plot go on - go and testify to Congress and the media.

Yeah, we let American strangers die when we could have prevented it by questioning Hassim al-Duri on the anthrax weapon locations. Yeah, several thousand innocent strangers dead suck, but saving them was not worth the risk of us being branded criminals and rotting in jail the rest of our lives. Yeah, we had the guy for 2 weeks and tried to befriend him and show him the infidel enemy wasn't so bad and he should betray his honor, his tribes honor, betray Jihad and be enternally blocked from Paradise...but it didn't work. Sorry, tough cookies and all...we all feel real bad about the dead people we were blocked from saving so Hassim al-Duri wasn't humiliated or inconvenienced....Why yes, Congressman, if we had been allowed to use coercive interrogation techniques, our math and probability people tell us there was a 95% chance with a 95% confidence level in that chance probability that we would have broken al-Duri and forced him to tell us where the anthrax was before anyone died....Well, yeah, I think you in Congress have blood on your hands...We were just following the stupid law you forced on us because you cared more for the enemy than Americans..

Every ticking time bomb scenario isn't

"OMG THERES FIVE MINTUES BEFORE A BOMB AHHH AHHH AHHH"

The argument for torture during time senstive situations implies that there is enough time to stop the attack.

Yeah, and that just highlights the absurdity of the ticking nuke argument. It's time sensitive, but not too time sensitive. Given that our enemy has shown itself perfectly willing to engage in suicide attacks, it's not clear why we expect to find so many timers. Having some idiot push the button doesn't cost you anything but 72 imaginary virgins.

(Also the inherent slipperiness of how it always starts off talking about a nuke going off in a city but eventually it just becomes a regular bomb).

Sure you might torture someone and they might give you information. But they might not. Anytime you recieve 3rd party information whether it be an informant, a tip,etc you stand the risk of the information being false.

Also for every argument made that torture will not work because the person being tortured will give false information, the same argument could be made that the fear of more torture and worse torture for giving false information would go a long way to prevent this.

But fake torture info has a way of confirming itself. The tortured names some names. The torturer finds those guys and does his thing. Turns out it's just a bunch of folks named Khaled and Muhammad. They try to explain that to their torturer, but isn't that exactly what a terrorist would say? More names named. Pretty soon you've got a whole prison full of suspicious looking foreigners with inconsistent confessions. It would be really embarrassing if they got out and told everyone, wouldn't it? Better keep torturing.

Mixner,

Would you kill your son on the chance that you might save 100 people? 10,000?

Would you rape a 7-year-old in front of her terrorist father to stop the ticking time bomb? How about 10 7-year-olds?

What is your moral calculus here? And, of course, you won't acutally know at the time that you perform these actions that you will in fact save anyone.

How about a John Yoo example, direct from the Bush administration: would you crush the testicles of a child to get information from terrorists? He claims the President has the power to do this. I'm sure you agree.

If torture really works and is so effective "when it really counts," then why are you squeamish about it at all? What if a serial killer has a woman in a well in his basement and Hannibal knows who the serial killer is? Shouldn't we torture him, too? Why not?

The obvious point is that you simply don't know when you have a ticking time bomb and when you don't. Better safe than sorry, right? And the logic of torture spreads like a cancer. See Algeria.

Mixner,

By the way, I really am curious where you draw the line, and we haven't found it yet since you said you would deliberately torture and kill children in the ticking bomb scenario. So would you rape children? Mutilate them but leave them alive to keep screaming in pain?

And how many children are you willing to sacrifice? Suppose you know the bomb will kill a more or less representative 10,000 Americans. For example, how many "enemy" children will you kill to have some marginally better chance of saving those 10,000 Americans? 1 child? 10? 100? 9,999? Even more? Does it matter how likely it is your plan will work? Is there an equation?

Seriously, I am interested to know.

DTM,

Just an aside, but I personally think it is wrong to deliberately kill civilians as a way of exerting pressure on a government to end a war. And yes I know we did it in WWII, but I think it was wrong.

I don't think it's an aside at all, I think it goes to the heart of the issue. And I wasn't referring only to intentional killing of civilians (though we certainly did some of that during WWII, as you say), but also civilians whose deaths and injuries are classified as "collateral damage"--unintended but foreseen consequences of an intentional act of combat. If you're willing to endorse a wartime bombing raid that you know will almost certainly have the effect of killing and injuring hundreds or thousands of children, then I don't think you have any credible basis for supporting a no-exceptions ban on torture.

I see jim beat me to some of the obvious questions.

You don't say "It might fail or be abused, therefore we should never do it at all."

Well, if it fails and is abused so often that the expected costs of the policy outweigh the (rare) expected benefits, the policy should not be enacted.

And the expected costs are great. There's not merely the moral costs, which I'd claim are on the same scale as rape and sexual assualt. (Presumably no one's going to argue that we need a rape policy for ticking bombs).

There's the false confessions--which compound the human temptation to look for more information to retain our hypothesis rather than switch to a better hypothesis.

There's the strategic costs--it turns populations against us (imagine what would happen if we followed Chris Ford's advice and started torturing mass numbers of Iraqis to find a few IEDs.) It makes it harder to recruit double agents.

There's the tyrannical temptation problem--torture is more useful for scaring people, controlling populations, and silencing criticism than it is for intelligence. Even if you started doing it for legitimate reasons, the temptation to abuse it is overwhelming. (Even now people have been offered plea agreements on the grounds that they not talk about what happened to them during interrogations.)

If you want me to overrule all that, you're gonna have to give me something better than the plot of 24.

Mixner,

It is an aside because you are trying to change the subject from torture. And that becomes particularly clear when you start talking about collateral damage, rather than intentionally targeting civilians, because foreseeable side-effects raise notoriously complex problems in morality.

But what you are advocating is not a side-effect, but rather the intentional torturing of another human being until they break. And you also endorsed the torture of a child to get this person to break. So let's stick to that subject, and see where you actually do draw the line (if you are willing to draw any line at all).

" there is a historic Christian argument in favor of the use of pain and physical pressure by the legal system"

Right. The Inquisition. Bring back the rack!

Consumatopia,

I wouldn't be too sure about your no-rape-policy presumption. Mixner has already endorsed torturing children, so I am not entirely sure rape is off the table. And it is not like raping enemies has been a particularly uncommon occurrence in human history. Basically, once humans stop seeing other humans as worthy of certain basic rights, they usually end up being willing to do pretty much anything you can imagine.

jim,

Would you kill your son on the chance that you might save 100 people? 10,000?

I don't know. It would probably depend on the circumstances. If my son were aboard a hijacked plane that was being flown by terrorists into a crowded building (a la 9/11) and I were the president and had the authority to order the plane to be shot down before it reached the target, and I saw no other way of averting the catastrophe, I think probably would order that. Do you think shooting down the plane would be wrong?

What is your moral calculus here?

The consequences of acting (or not acting) in different ways, as best I can evaluate them.

Mixner,

So what if killing your son is not a side-effect? We are playing the contrived hypothetical game, so you have to be willing to play by the rules, which means dealing with the hypothetical as it is presented.

So in this hypothetical, you have to kill your son, with your bare hands while looking him in the eye, and you can't even explain to him why you are doing it. That is the only way to get the terrorist to talk (he is a sicko, but also keeps his promises, and he has made this a condition of talking).

Do you do it or not?

Clearly we must immediately legalize torture, and rape while we're at it, and set up training for our interrogators in the best techniques for torturing, raping, and murdering children in front of their parents. Otherwise we could be unnecessarily vulnerable to ticking nukes and other 24 scenarios.

DTM,

But what you are advocating is not a side-effect, but rather the intentional torturing of another human being until they break.

So what? Why don't consequences, as well as intent, matter to whether an act is right or wrong? Why isn't it wrong to intentionally drop a bomb that you know will almost certainly kill a thousand people and injure thousands more, even if you don't intend those deaths and injuries?

And some would argue that that distinction is meaningless, anyway. That if you intend an act then you intend the forseeable consequences of that act.

Even John McCain, who while delusionally, and widely quoted and admired by fawning media and Lefties for saying "Torture Never Works", is documented in past writings as breaking and revealing what he knew to the NVA questioners in several sessions....maybe slipping in a lie now and then they didn't catch, maybe regaining his resistance later...but no doubt exists he talked and gave up accurate info..

A teensy bit of accurate info

The punishment finally worked, McCain said. "Eventually, I gave them my ship's name and squadron number, and confirmed that my target had been the power plant."

Recalling how he gave up military information to his interrogators, McCain said: "I regret very much having done so. The information was of no real use to the Vietnamese, but the Code of Conduct for American Prisoners of War orders us to refrain from providing any information beyond our names, rank and serial number."

And a whole lot of misinformation. The Vietnamese were more interested in false confessions than intel, so I suppose torture "worked", but not in anyway useful for stopping terror.

The pro-torture crowd is so attached to this narrative where they are the only ones ready to see reality as it is, but their point of view definitely doesn't seem to correlate with knowledge or honesty.</