Watching Torture

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  • Posted By: swanie @ 12/10/2007 4:24:31 PM

    Anything that threatens the perceived dependency and trust between the subject and interrogator directly threatens the value of interrogation as an intelligence-gathering tool. Even seemingly minor interruptions can have profound psychological impacts on the delicate subject-interrogator relationship. Any insertion of counsel into the subject-interrogator relationship, for example -- even if only for a limited duration or for a specific purpose -- can undo months of work and may permanently shut down the interrogation process. Therefore, it is critical to minimize external influences on the interrogation process.

    By "external influences," he means the rule of law, the Geneva Conventions, the US Treaty obligations, and the Constitution. Marty goes on:

    The Solicitor General even placed the Jacoby Declaration in the Appendix in the Padilla/Hamdi cases, and cited it liberally in support of its argument to the Court that the Administration should be entitled to detain persons not only for purposes of incapacitation, but also for purposes of long-term interrogations.

    That is why, just as the Jacoby Declaration is the single most revealing document released by the government in the conflict against al Qaeda, so, too, the single most important sentence in any of the Supreme Court's decisions in the al Qaeda cases was a stark rejection of the government's rationale -- indeed, a remarkable rebuke to the Jacoby Declaration -- in Justice O'Connor's controlling opinion in Hamdi. After explaining at length that the laws of war and the Authorization for Use of Military Force permit detention for purposes of incapacitating combatants, Justice O'Connor wrote (542 U.S. at 521):

    "Certainly, we agree that indefinite detention for the purpose of interrogation is not authorized."

    No citation offered, because none should be needed. "Certainly."

    Alas, certainty that we still live in a republic governed by the law is no longer possible.

  • Posted By: Thoughtmaker @ 12/10/2007 3:49:18 PM

    The privilege of public debate comes with a dear price that many of us will fortunately never have to pay...

    "We win here or lose everywhere; if we win here, we improve the chances of winning everywhere.???
    General MacArthur, Korean War

    ???People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf???
    George Orwell

    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.???
    Jeff Cooper

    ???War is cruel and you cannot refine it.???
    General William Tecumseh Sherman, US Civil War,1864

    • Posted By: Thoughtmaker @ 12/10/2007 3:55:32 PM

      The privilege of public debate comes with a dear price that many of us will fortunately never have to pay...

      • Posted By: Johnsonium @ 12/10/2007 4:02:43 PM

        Yes. Like many people who spoke their mind to preserve rights when the public was so willing to let fear triumph over American ideals. People like Martin Luther King Jr. Like a lot of people who have protested and petitioned the government and preserved the rights for all of us.

        • Posted By: Thoughtmaker @ 12/10/2007 4:12:24 PM

          People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf
          George Orwell

          What have YOU done for your Country lately?

          • Posted By: Johnsonium @ 12/10/2007 4:19:02 PM

            I've voted against Bush, twice. It's the purest form of patriotism to oppose despotism in all of its form.

    • Posted By: Johnsonium @ 12/10/2007 3:51:34 PM

      Macarthur was fired in Korea just for the unrealistic and anti-American heedless hubris that drives deviant, sadistic folks who condone torture.

  • Posted By: fiber artist @ 12/10/2007 3:55:42 PM

    To respond to Bochoaz - no, it isn't justified. I agree with the idea that we are no better then they are if we stoop to their level, below the mud. I'm not even a so-called Christian - or believe in any religion - but I know that the golden rule still applies "do unto others as you would have them do to you". And, as a civilized society, we have agreed to the Geneva Conventions and banned torture in our military manuals - to prevent others from doing horrendous things to our people. My father was a POW in Nazi Germany and he was tortured and endured things I can't imagine. It damaged his psyche but it didn't obliterate his wanting to be a good human being and believing that human nature is essentially good and there are only a few out there who are warped and cruel. If we torture and condone torture, we are just like the Nazis and the Japanese torturers of WWII whom we put on trial after the war. If we stoop to their level, then we are reverting to the Dark Ages and society is lost. And, all the CIA experts agree - people will say anything when tortured so the information gathered isn't even credible, just as our domestic prisoners will confess when "enhanced interrogation" is used. Remember the Witches of Salem who would say they were witches just to make the drowning stop, do you really believe they were witches?

    • Posted By: bochoa2 @ 12/10/2007 4:05:51 PM

      Now theres a reply with some thought. No name calling and moral values being bandied about. I agree the Geneva Conventions apply to a decalred war no? What happens when it isn't a country thats attacking americans but a group of individuals who are doing as they please? I don't advocate torture. I do however understand why, in certain instances, it might be viable or even necessary. It's he cold hard truth sometimes. I would at least hope that the goverment is doing it out of need, and not any kind of sick revenge.

      • Posted By: Johnsonium @ 12/10/2007 4:12:34 PM

        Just because someone doesn't have a uniform doesn't mean you get to treat them as you wish. The whole "enemy combatant" scenario is simply a loophole that the Bushies used to try, so far very unsuccessfully, to justify their human rights abuses.

    • Posted By: Johnsonium @ 12/10/2007 4:00:23 PM

      You are exactly correct. These dark forces always emerge in society, ready to drag us down into the darkness, using fear as their lever. We must not let them.

  • Posted By: johnpp2 @ 12/10/2007 4:11:31 PM

    The American public needs to see those images. And they need to see the images of dismembered Iraqi children caught in the crossfire of our illegal war. If they aren't willing to face the images, themselves, then they shouldn't be voting and paying for other people to do it. War is a last resort, and it should not be authorized lightly, especially not for the purpose of increasing corporate profits.

  • Posted By: Meldek @ 12/10/2007 4:02:32 PM

    Or... They were destroyed for exactly the reasons the CIA said. There was a security risk of the information getting leaked by so called 'responsible journalists'. If you want to find fault, and go looking for it, i guarentee you will find it every time.

    What happend to the days when the press was fair and resposible? Oh I know, that died when news became big business and ratings are all that mattered. So called, modern jounalisum, is nothing more than a soap opera, and just as factual.

    • Posted By: Johnsonium @ 12/10/2007 4:09:39 PM

      Earlier, the cons said not the trust the NIE estimate from the intelligence community. I'm confused. Do we trust them or not?

  • Posted By: psychnurse @ 12/10/2007 3:58:02 PM

    Yes, this is where 9/11 has brought us. But why? What do we stand to win in this so-called war on terror if in the process we lose everything good for which America has come to represent? Safety? Are citizens of nations that practice torture safe? Are those who live without civil liberties safe from the invasion or attacks of foreign nations? We have already lost this battle in so many other ways, that military victory would be meaningless.

    • Posted By: Johnsonium @ 12/10/2007 4:04:01 PM

      We're told "They hate us for our freedoms", so this administration's answer was to take away our freedoms out of spite.

  • Posted By: Rufus1066 @ 12/10/2007 3:55:18 PM

    I find the comments here almost as horrifying as the story of the tapes. There's a reason why John McCain is against torture: he's been tortured. He knows what it's like, and he understands that it's wrong to do it. If your enemy is a monster who kills and tortures, how are you any different from him if you do the same to him? What if the reason you can't get information out of the person you're torturing is because they don't know anything, so they'll say anything? What if they were turned in by a neighbour who wanted to get back at them? What if you're torturing someone who has done nothing wrong? Then you are doing something every bit as evil as your enemy. This is why people feel that America has lost its way.

  • Posted By: Johnsonium @ 12/10/2007 3:48:13 PM

    No information is worth becoming just as bad as the enemy.
    Let the torture apologists show their sickness for all to see. Keep it up. Maybe we can round up these anti-American folks, that don't understand the value of the Constitution, and render them to some deserted island, and have every other country do the same with their sadists. Then, they can practice their sadism on each other to their heart's content.

  • Posted By: KH9469 @ 12/10/2007 3:46:59 PM

    Yeah ... Johnny boy ... we just have to talk nice to them and then they won't be mad no more ... we should give them a hug, maybe play a game of soccer and not keep score and always wear our helmets on the rail transit to cut down on our carbon footprint ... there it is the environment and world saved in one little paragraph. Of course, our biggest problem is you probably think that would work ...

  • Posted By: volunteers @ 12/10/2007 2:31:41 PM

    Go live somewhere else then. Where free speech is punished by having your tongue removed, stealing a hand removed, talking to a different sex stoned to death, not believing in Allah, death. Please leave. Live somewhere else where waiting in lines for dinner at exclusive clubs doesn't exist because there isn't enough food to make it past 9am. You cherish all you have here but cry about how it is provided. Go somewhere else.

    • Posted By: jkaaz101406 @ 12/10/2007 3:42:37 PM

      You are obviously propagating the hate, man. To each is own opinion, but do it with some class. When are people gonna learn that bad things happen, they can't always be prevented and retaliation is not always the best policy? Let me ask you this: if your neighbor turned out to be a serial killer, would you kidnap him, film him while you torture him and then kill him or would you call the police and let a judge handle it? It amazes me that individual, personal behavior can be so far from the behavior of a nation as a whole. Oh, and by the way, I wouldn't be advertising your apparent love of standing in line for an overpriced meal when there are plenty of other things is this world more important than your dinner plans. Its really shallow.

    • Posted By: Braes @ 12/10/2007 2:48:39 PM

      No, and I doubt Americans will let the likes of such polity to last long in our Republic.

  • Posted By: FreeThinkerNow @ 12/10/2007 3:42:14 PM

    Just how do you propose to obtain information from suspected terrorists who do not value human life, including their own, and cannot wait to spill as much infidel blood as possible along the way? I do not equate waterboarding or sleep depravation with removal of limbs, or our government (no matter how flawed) with that of dictators such as the Shah of Iran or Saddam Hussein. To do so is obscene and frankly indermines whatever point you were trying to make, Mr. Barry.

    I am sick and tired of those in the media that keep criticizing without pointing out the obvious: not one single attack on US soil since 9/11. I can only surmise that our barbaric government and its CIA hentchmen are doing their job. But that doesn't deserve a line of commentary. If "give peace a chance" was a realistic approach to getting rid of dictators, torture and evil in the world, they would have been irradicated long ago. Diplomatic and political solutions, yes. But up to a point. And with the right people. You cannot reason or negotiate with someone who's litterally dying to die to destroy all of us and what we hold dear if not sacred, including your freedom to publish your "reflections" Mr. Barry..

  • Posted By: Johnsonium @ 12/10/2007 3:39:35 PM

    More sadistic sociopaths come out for torture. It's good that these people reveal the true blackness of their heart so that their friends and neighbors know who they are associating with. America is better than these deviants.

  • Posted By: bochoa2 @ 12/10/2007 3:33:21 PM

    Get over it. Certain things need to be done. If people cooperated there wouldnt even be tapes. It's a horrble brutal thing but its the only way to reach people who send their kids to suicide camps. Violence is the only thing they understand.

  • Posted By: bochoa2 @ 12/10/2007 3:30:24 PM

    Get over it. Some things need to be done. Would there be torture if the person would just tell them the truth? Of course not. America can not stay above it because the terrorist scum would, and have, take advantage of our own rules. It's nice the hear that we are taking steps that get through to people who send their kids off to suicide camps.

  • Posted By: Johnsonium @ 12/10/2007 3:30:00 PM

    Some of the comments here shows that the US has the same types of sick people that the current administration tries to pretend only exist in other countries. All torture is evil, no matter the pallid justifications attempted by the sadistic that against in every culture. Thankfully, most people in America are not demented sadists, such as the torture apologists that have come out of the woodwork lately.

  • Posted By: jjhavarno @ 12/10/2007 2:21:27 PM

    I often sit and wonder what it must have been like during that very last moments when, being trapped on the 97th floor of the World Trade Center, some unknown person realized that the building was falling away from beneath them and that in any second they would be crushed to death by the falling concrete and steel of a once awe inspiring building.

    But then- those of us that lived- went home to our families that day.

    I am not an advocate for torture but I also wonder how many people would be screaming about water boarding (for example) had it been used on one of the 9-11 hijackers and the evil plot was reveled and the attacks prevented.

    But then- those of us that lived- went home to our families that day and have a chance to second guess and ???what if??? the world events that took place since the 9-11 attacks.

    I wonder what the right answer is and I wonder how do we deal with and interrogate people that truly believe that god has ordered that they wage jihad to kill us and destroy our way of life- people that believe they will go to heaven and reap the rewards of a wonderful afterlife because they fought and killed in the name of god.

    I hope that those people from our government, which the media paint as villains and evil doers, are well trained and get information that will lead to the stopping of another 9-11.

    I hope that at the end of the day they can continue to return home to their families ??? much like the reporter who wrote this story ??? at the end of the day.

    • Posted By: hplehmann @ 12/10/2007 3:04:52 PM

      You are naive if you think torture will lead to a better world. In the name of 9/11 become inhumane? Trash democracy? And the "people" of our government ARE villains if they torture, just like the "people" of Stalin??s goverment or Hitler`s goverment.

    • Posted By: Braes @ 12/10/2007 2:39:06 PM

      We knew who Atta was and didn't stop him, didn't torture him, didn't act. We had and still have dysfunctional intelligence apparats running amok. Your assumption is that we would be better off if we became the very evil we purport to abhor?
      In darker times, did fear of the Inquisitor inhibit sin?
      You state you are against torture then explain it away. Nice spin. CIA briefers went to the President's ranch before 9/11 with every alarm bell in every intelligence agency predicting an attack by UBL. His answer, "Alright, you have covered your asses." The CINC didn't upgrade the national threatcon, didn't look for broader measures, didn't ask for synthesis of data or care. Just like Katrina, this CINC blew the job.

  • Posted By: mmouse4540 @ 12/10/2007 3:00:50 PM

    And how should we obtain the information? Ask them politely?

    Depravation of necessaries, making the prisoner uncomfortable, and threats are just a few ways to get the prisoner to talk. A high majority of intelligence is time sensitive. That is, we need to know it now for it to be useful. Again, I ask. How should we obtain the information?

    John Barry wrote ???We assume it shows waterboarding,?????? Whose we? Here WE go with assumptions again. I???m surprised that Newsweek let this personal assumption be publish. Shame on Newsweek for sensational reporting. Guess I???ll start reading the Mirror (and other talbloids) for more serious reporting.

  • Posted By: nickinsm @ 12/10/2007 2:55:58 PM

    the "torture" afflicted by US CIA does not sound half as bad as being a pledge in any fraternity in the US. In fact, I'd welcome the CIA's treatment over that of a pledge...

  • Posted By: fireemall @ 12/10/2007 2:38:22 PM

    The author supposedly tells us of the horror on the tapes that he's never even seen! This whole article was total B.S. of the highest order. Go back and watch the film of Americans jumping to their death from atop the World Trade Center. That is torture brother!
    This article made me sick. Sick for it's pure manipulative nature and sick for all the gullible Americans it will no doubt influence.
    TOTAL B.S.

    • Posted By: Braes @ 12/10/2007 2:45:59 PM

      Invoking the deaths of those on 9/11 to justify torture is sad. Two wrongs do not make a right.

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