House Intel Chair Wants To Re-Criminalize Torture

Spencer Ackerman:

Rep. Silvestre Reyes (D-Texas), the chairman of the House intelligence committee, introduced an amendment to the 2010 intelligence authorization bill imposing a 15-year criminal sentence on any "officer or employee of the intelligence community" who tortures a detainee. (Twenty years if the torture involves an "act of medical malfeasance"; life if the detainee dies.)

Read the whole story: Spencer Ackerman

Comments

[RTIII]

01:28 PM on 02/28/2010

I'm pretty sure the law never changed; Torture was and remains against not only US law but also the Uniform Code of Military Justice, several international treaties of which we are party such as the Geneva Conventions, and other forms of international law (of which I am no expert).

What we need is a willingness to PROSECUTE the crime.

Until we have that, we do not have "rule of law."
.

[realitytrumpsbull]

08:44 AM on 02/28/2010

I'm split on this issue. On one side, I think that physical or other abuse of foreigners, even in wartime, is bad. We don't tolerate wife-beaters in this country, therefore we should also not tolerate other kinds of physical abuse.

On the other side, let's consider the example of Saddam Hussein, who, by all reports, presided over one of the most inhumane regimes this side of Pol Pot:
Hussein:
http://www.wnd.com/index.php?pageId=25173
Cambodia:
http://www.pbase.com/nickdemarco/the_pol_pot_terror

Using these two examples, was anyone in US custody in fact, 'tortured'? I am against any kind of prisoner abuse, because I think it sends the wrong message to the world, telling them that we're no better than some other countries we tend to complain about on account of how they treat/mistreat their citizens. I think if there's one 'American' goal in the world, it's to promote people's rights, human rights, civil rights, so forth, and so on. And, we don't do that by adopting the practices of enemies, therefore any/all torture being carried out in the name of THIS country shall be abolished, post-haste, forthwith, and without delay, and for all perpetuity.

[planetjeffy]

05:24 AM on 02/28/2010

Silvestre is a true American hero.

Thanks for standing up for our values.

[RockyMissouri]

05:22 PM on 02/27/2010

Let's go baby- I love this man..

[Mass Hysteria]

06:50 PM on 02/27/2010

So does Al Qaeda............Why wouldn't they?

[jinxed]

04:53 PM on 02/27/2010

OMG, a politician as disgusted and appalled as a majority if Americans. I hope he makes it retro-active! Maybe the Justice Department will do its job description instead of providing cover for the crimes committed in America's name. Only when the crimes in the past administration are addressed and prosecuted will America be safe from things of this nature repeating itself in the future. IMHO, if our government/military contractors, CIA and other entities are willing to do these things to others, what's to stop them from turning them against American citizens in the future? The short answer is, NOTHING!

History has a way of repeating itself. Throughout history cowards never have any problems hurting those they feel pose no threat to them. If we do not hold these criminals and cowards responsible for their actions, THEY WILL DO THEM AGAIN!

[Whitley2009]

02:26 PM on 02/27/2010

As I understand it, the following was the law when the recent water boarding occurred, and it still is.

“"TITLE 18 > PART I > CHAPTER 113C > § 2340A

§ 2340A. Torture

(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy."

We also signed the Geneva Conventions which outlaw torture. The article mentions "re-criminalize torture." Perhaps the members of Congress should read our federal statutes which do criminalize torture.

[zakon]

09:21 PM on 02/26/2010

F-ascists who use 9-1-1 to help invade Iraq are 3vil enough to have done it. Add t-orture to their 3vil deeds.

KSM is going to D*ck's cover-up "military" system in a Repub/Dem effort to maintain the US government's illusion of legitimacy.

It is irrelevant whether KSM is a citizen or not, I have a Constitutional right to hear the trial's evidence.

A non-secret, transparent civilian criminal court is the citizens' only chance to understand the 9-1-1 plot. Because US involvement in 9-1-1 is an open-secret, "proving" it in open-court will be stopped at all costs.

These facts will not make it on Court TV from the non-public commission/tribunal...

Ali Mohamed was employed by the Pentagon's Special Forces, was an FBI informant and CIA asset...

AND Ali Mohamed was also O-sama Bin Laden's personal security chief, trained the WTC 93 cell, escorted Al-Zawahiri in the US on 'fund raising' trips in the 90's, and took the targeting photos of the US African Embassies (Source: Triple Cross, Peter Lance, Publisher Harpers Collins)

I allege Ali Mohamad is the neo-con's liaison to "Al Qeada." Plausible deniability of this smoking gun link between the neo-cons in the US govt and Al Qae-da is impossible when Ali Mohamed, who is in US ghost custody since '98, can be called to testify at KSM's trial. But he wont' be called, I guarantee it.

[4600 dollars and 2 cents]

08:07 PM on 02/26/2010

it was decriminalized?

[Whitley2009]

02:27 PM on 02/27/2010

Read my comment above. It was never decriminalized.

[jeremyfive]

04:43 PM on 02/26/2010

Why reinvent the wheel, except to create a "get out of jail free card" for Dick Cheney?

[mamababa]

03:14 PM on 02/26/2010

Reyes looks like a fatter version of Gorbachev.

[disgustedwithall]

12:31 PM on 02/26/2010

What the many whom kind of "Well we have to do this to get info" are so stupid about is "WE SIGN TREATIES to NOT DO THESE THINGS to protect our people, NOT the other sides. IF we can get away with it on all sorts of terms like "enemy combatant" etc that some clown in DC (safe behind his desk) can dream up. well the other side can do the same thing and call it "legal" and our folks, it include military can be in for a very rough time.

Perhaps if we brought back draft there might be a bit more concern over such things.. but most that are home hiding behind mom's skirts so seem to love war and this sort of stuff. to include those in DC.

[Sam1969]

02:37 PM on 02/26/2010

Silvestre Reyes, can anyone say; to bad for America that you are in any position of power in this country? He needs to move back across the border.

[jinxed]

05:05 PM on 02/27/2010

FU! At least he has principles, ethics and morality unlike many in the previous administration! If this is not passed it will tell us exactly who thinks this is acceptable behavior.

[LarBear]

12:13 PM on 02/26/2010

Does the USA TORTURE? Sadly...... YES!

We may like to say we don't, but in Fact and Deed, yes, we do torture... Until our Former President and Vice President (as well as those who carried it out) are investigated and Prosecuted for VIOLATING the U S Constitution and International Treaties signed and agreed to.... YES the USA Tortures people!

I have heard Congress Members say when it comes to Terrorists, to protect US Citizens, we will ignore the Constitution and Treaties... If left up to Ignorant Fools, then we will no longer be a Constitutional Nation... (and currently, with Torturers un prosecuted, we are more a verbal phony Nation...) No Patriot will ignore the Constitution...

Again, No Patriot will ignore the Constitution... So decide President Obama, are you a Patriot, or just another Politician seeking Fame / Fortune? Based on Behavior, your choice is already made...

WE who volunteered as Military members, didn't volunteer to provide protection to Politicians, but as Patriots, to defend a Constitutional Nation WE believe in... As well as are Patriots who have NOT served in the Military...

Regardless of any self believed "good intent" of the Administration (who actually swore to Defend the Constitution) and our so called Justice Department, the way to ending the USA is paved, made of, those "good intentions"...

Foreign Terrorists seek to destroy our Constitutional Nation... Meanwhile Politicians LIE when they swear to Defend our Constitution...
These Corrupt Politicians, regardless of INTENT, are doing the same!

[zakon]

09:35 PM on 02/26/2010

The Republic is over, slick fascists rule

[jinxed]

05:09 PM on 02/27/2010

I agree, and that makes America no better than WWII Germany.

[Mafdet]

11:41 AM on 02/26/2010

When was it de-criminalized?

But I guess if the existing law is so ambiguous that a third rate lawer like Yoo can exploit its gray areas, then a new law is needed and one that leaves no doubt.

[Whitley2009]

02:28 PM on 02/27/2010

It was never de-criminalized.

[sarabono]

11:00 AM on 02/26/2010

This guy Reyes is nuts. If a Jewish or Christian agent interviews a Muslim he can be charged with Religious Persecution and jailed for 15 years. Or if the lights are left on in a prisoners cell an agent can be charged with a crime of forcing "sleep deprivation" of an inmate ?

Get this guy out of Congress....... He obviously has gone of the mental deep end.

http://washingtonindependent.com/77695/rep-reyes-introduces-a-measure-re-criminalizing-torture

[Json]

10:34 AM on 02/26/2010

I guess I missed the part when we de-criminalized it.