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Marjorie Cohn

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GOP Candidates Advocate Torture

Posted: 11/19/11 04:24 PM ET

At last week's debate, Republican presidential candidates Herman Cain and Michele Bachmann defended waterboarding. Cain said, "I don't see it as torture. I see it as an enhanced interrogation technique," which is what the Bush administration used to call its policy of torture and abuse. Bachmann declared, "If I were president, I would be willing to use waterboarding. I think it was very effective. It gained information for our country." And after the debate, Mitt Romney's aides told CNN that he does not think waterboarding is torture.

President Obama correctly retorted, "Waterboarding is torture." He added, "Anybody who has actually read about and understands the practice of waterboarding would say that is torture -- and that's not something we do, period."

The United States has long considered waterboarding to be torture. Several federal court opinions refer to waterboarding as torture. Our government prosecuted, convicted and hung Japanese military leaders following World War II for waterboarding. The U.S. War Crimes Act defines torture as a war crime.

George W. Bush, Dick Cheney, and John Yoo have all admitted participating in decisions to waterboard detainees, knowing that interrogators would carry out their orders. Under the doctrine of command responsibility, commanders all the way up the chain of command to the commander-in-chief can be prosecuted for war crimes if they knew or should have known their subordinates would commit them and the commanders did nothing to stop or prevent it. Therefore, Bush, Cheney, and Yoo have admitted to the commission of war crimes.

But by refusing to investigate them for their admitted torture, the Obama administration has given the Bush officials a free pass.

Moreover, Bachmann was wrong when she claimed torture is effective. Former high level FBI interrogators, including Ali Soufan and Dan Coleman, say the person being tortured will say anything to get the torture to stop -- even providing false information. The best results, interrogators add, are obtained with humane methods.

Obama also accurately noted that waterboarding "is contrary to America's tradition, it's contrary to our ideals. That's not who we are. That's not how we operate. We don't need it in order to prosecute the war on terrorism. We did the right thing by ending that practice. If we want to lead around the world part of our leadership is setting a good example."

Unfortunately, during his hearing to be confirmed as CIA director, David Petraeus told Congress there might be occasions in which we must return to "enhanced interrogation" to get information. Alarmingly, that comment signaled that the Obama administration may return to the use of torture and abuse. That would be unacceptable.

Marjorie Cohn is editor of 'The United States and Torture: Interrogation, Incarceration, and Abuse' (NYU Press 2011).

 
At last week's debate, Republican presidential candidates Herman Cain and Michele Bachmann defended waterboarding. Cain said, "I don't see it as torture. I see it as an enhanced interrogation techniqu...
At last week's debate, Republican presidential candidates Herman Cain and Michele Bachmann defended waterboarding. Cain said, "I don't see it as torture. I see it as an enhanced interrogation techniqu...
 
 
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10:22 AM on 11/21/2011
It's amazing how cavalier these people are when it comes to advocating torture. Not only is torture a disaster for intel operations, but it also damages the soldiers who involved with it. Everyone should read the "Dark Side" and "None of Us Were Like This Before" to understand the full, devastating costs... http://www.amazon.com/None-Were-Like-This-Before/dp/1844675998/ref=sr_1_1?ie=UTF8&qid=1320681858&sr=8-1
09:09 AM on 11/21/2011
At issue is whether these procedures would inflict severe pain or suffering within the meanjng of the torture. Waterboarding does not inflict actual physical harm ... although the subject may experience the fear or panic associated with the feeling of drowning, the waterboard does not inflict physical pain. Drowning is terrifying and profoundly unpleasant, but not technically painful. And because the waterboard inflicts no physical pain or actual harm whatsoever, does not inflict 'pain and suffering'. And even if "suffering" were separately prohibited, the "controlled acute episode" does not occur for a protracted period of time and should therefore not be considered suffering. Cohn's argument is without merit, as is Obama's.
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Footwarrior
Progressive Apparatchik
08:39 AM on 11/23/2011
According to the UN Convention Against Torture "... torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession,...". Note the inclusion of mental suffering.

The definition of torture under US law also includes mental suffering. Quoting from:
http://www.law.cornell.edu/uscode/usc_sec_18_00002340----000-.html

“torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
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Novoski
In every Revolution there is one man with a vision
08:09 AM on 11/21/2011
Let's get this straight.

Michelle Bachmann, alleged Christian, is 100% FOR the torturing of human beings. Disgusting.
02:57 AM on 11/21/2011
How is there a policy on what is acceptable in war? War is not a fun little game, and there is no policy and procedure. So if we are not at war then no torture, if we are...well all is fair in love and war.

War is not and never will be a pretty, conscientious parade of fairy dust and rainbows....war is ugly, bad, and scary.

the phrase war crimes" is as nonsensical as a phrase can get....
either it IS war or it is NOT war.
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Tyler Austin
Women = people. Corperations ≠ people.
11:04 PM on 11/20/2011
Durring the Spanish Inquisiton the Domincans, forbidden to spill blood in thier holy work, would jam a rag into a suspected heretics mouth and pout water down their throat until they either (a) died (b) confessed to whatever they told them to confess to. At this time they were executed, sometimes by buring at the stake.

Waterboarding is torture.
CognitoErgoSum
CogitoErgoSum was taken when I signed up.
10:54 PM on 11/20/2011
>>"But by refusing to investigate them for their admitted torture, the Obama administration has given the Bush officials a free pass."
----------------------------------------------------------------

Tehre hasn't been enough political cover to prosecute them without cries of "political withch hunt" by those who bought into the Faux Noise rhetoric all those years. You know how the right wing, with their crocodile tears loves to cry "victim."
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Schalaine
We are women. We vote.
09:02 AM on 11/21/2011
Our country damn near came to blows over the passage of Health Care. I can't imagine how crazy the Right would have become if charges had been brought against Bush/Cheney/Rumsfield/Yoo, etc.....I picture Rushbo's head exploding.
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kamact
Market Observer
07:31 PM on 11/20/2011
And many of these GOPers actually believe they acting on the word of god,...
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Robert Frano
‘Plausible Deniability’: NOT A FAMILY_VALUE!!
06:23 PM on 11/20/2011
Re: "...Herman Cain and Michele Bachmann defended waterbording...".

I realize that America’s / other country's historical records, (and objective recitation / awareness of same), is NOT their 'strong suit, where 2012’s family-values-evangelical candidates are concerned, but...
Didn't their 'handlers', (with apologies to the staff of municipal / other zoos across the earth), mention the fact that the U.S government put Japanese officials to DEATH for water-boarding, (and other 'War Crimes') in the early post-war 40's?

Have these 'pious-piteous' given up on the election, since even ‘Job-Exporter’ Romney can’t seem to surmount the “
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soma77
Author, Speaker, Retreat Facilitator
05:17 PM on 11/20/2011
The Republicans will torture anyone including the middle class. Beware of these third world dictators!
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Schalaine
We are women. We vote.
08:19 AM on 11/21/2011
Republicans have been torturing the middle class for the last thirty years. If they do it to their own citizens do you really think they would give a second thought to torturing brown people with funny sounding names?
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PublicCitizen21044
The truth will set you free!
05:15 PM on 11/20/2011
I for one think each of the candidates who advocate for enhanced interrogation techniques be waterboarded before a debate and then come out and tell us all about it.
05:24 PM on 11/20/2011
I have thought the same!
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phal4875
The world is run by cats; we just feed them.
04:52 PM on 11/20/2011
The Republican Party policy on torture is based on what they saw a few years ago on the show "24." If it worked there, it must work and be acceptable. Foreign policy by TV script - the GOP is so much fun.
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Schalaine
We are women. We vote.
08:22 AM on 11/21/2011
Allen West said Demi Moore had been tortured, so obviously it was fine to torture. Maybe he did not recognize it was in a freaking movie....G I Jane. This really did happen. I am not making this up.
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Willie Qwit
Willie don't qwit!
01:36 PM on 11/20/2011
Those Republican candidates will do anything to get the nomination. Their constant pandering to the ultra conservatives shows just how desperate they are. What is it about politics and power that brings out the worst in people?
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tnkeating
Dyslexic agnostic insomniac
01:10 PM on 11/20/2011
I don't believe anybody advocated use of torture, but rather would it be acceptable under certain circumstances? We all are sickened by water boarding, but there has to be acceptions such as the two or three people that actually were waterboarded, regardless of the law, this saved possibly thousands of innocent American lives. If people are worried about other people finding out, that problem can be solved very simply. The Japanese were prosecuted for many other forms of torture that were far worst than waterboarding, what they did wasn't called waterboarding, and if you believe for one second that Obama wouldn't sanction torture under the right set of circumstances your blind.
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phal4875
The world is run by cats; we just feed them.
05:01 PM on 11/20/2011
What waterboarding act can you point to as having saved thousands of American lives? Do you really think that the Bush administration would not have advertised such a success for as long as they could? I never heard about these thousands saved in any Bush press release. Have you?

The Japanese were prosecuted for what may have been worse actions than waterboarding, but they were also prosecuted for waterboarding. What they called this torture at the time is irrelevant. If they called it an elephant, it was still what we call waterboarding. American military were also prosecuted for the same act during the Vietnam War.

Why would anyone tell the truth if tortured? He or she would say whatever it takes to make the agony stop. Conservatives like to talk tough, but most would last less than 30 seconds under waterboarding conditions. Many of you have had some experience with torture. I understand that you folks listen to Rush Limbaugh.
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CalSailor
Christian, therefore liberal
09:50 PM on 11/20/2011
power corrupts, and absolute. power...well you know the end of that one, don't you? The US Presidency is about as absolute power as is found in the world these days. We've managed to destroy a sovereign country (Iraq) that did us no direct harm, and then we have bombed a near-stone age society (Afghanistan) all the way back into the stone age...

Pr Chris
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RobertHenryEller
a micro-bio hp can handle
12:22 PM on 11/20/2011
It is bad enough that candidates like Cain and Bachmann advocate policy and procedure which has been demonstrated not only to NOT produce substantive results and useful intelligence, but also to make things LESS safe for our troops, as well as for all citizens.

But torture is also against our own laws, and the Geneva Conventions which we want all countries to adhere to. So, I want to know, are these candidates also saying that they will not be bound by our laws? I mean, this is what an elected President gets up on inauguration day and swears on a Bible to do.

Anyone who takes this position should automatically be cut from consideration from public office. It is bad enough we have not prosecuted past office holders who have already broken these laws and ignored the worthlessness and danger of such practices.
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phal4875
The world is run by cats; we just feed them.
05:06 PM on 11/20/2011
Yeah, but being a Republican means that one has to sound tough. Michele Bachmann wanted to beat up Jerry Sandusky, Gingrich can throw Goodrich tires with one hand in those commercials, Romney tortures dogs when on vacation, Rick Perry shoots coyotes while jogging, and Santorum favors "man on dog" relationships. He would probably take on a doberman; now that is tough!
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RobertHenryEller
a micro-bio hp can handle
08:26 PM on 11/20/2011
Brutal! ;-)
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hoover52
I love all of nature's furchildren
12:08 PM on 11/20/2011
#1) Waterboarding did NOT get any meaningful information. #2) It IS illegal and the entire Bush admn. that embraced it are guilty of committing war crimes and are damned lucky they're not put on trial for it. #3) As with many other policies Dubya and his gang, they believe that the do not have to abide by the Geneva Convention,which by the way we signed.