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Yes, National Review, We Did Execute Japanese for Waterboarding

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In a CNN debate with Ari Fleischer, I said the United States executed Japanese war criminals for waterboarding. My point was that it is disingenuous for Bush Republicans to argue that waterboarding is not torture and thus illegal. It's kind of awkward to argue that waterboarding is not a crime when you hanged someone for doing it to our troops. My precise words were: "Our country executed Japanese soldiers who waterboarded American POWs. We executed them for the same crime we are now committing ourselves."

Mr. Fleischer, ordinarily the most voluble of men, was tongue-tied. The silence, rare in cable debates, spoke volumes for the vacuity of his position.

Now Mark Hemingway of the National Review Online has asserted that I was wrong. I bookmark NRO and read it frequently. It's smart and breezy -- but on this one it got its facts wrong.

Mr. Hemingway assumed I was citing the case of Yukio Asano, who was convicted of waterboarding and other offenses and sentenced to 15 years hard labor -- not death by hanging. Mr. Hemingway made the assumption that I was referring to the Asano case because in 2006 Sen. Edward Kennedy had referred to it. (Sen. Kennedy accurately described the sentence as hard labor and not execution, by the way.)

But I was not referring to Asano, nor was my source Sen. Kennedy. Instead I was referencing the statement of a different member of the Senate: John McCain. On November 29, 2007, Sen. McCain, while campaigning in St. Petersburg, Florida, said, "Following World War II war crime trials were convened. The Japanese were tried and convicted and hung for war crimes committed against American POWs. Among those charges for which they were convicted was waterboarding."

Sen. McCain was right and the National Review Online is wrong. Politifact, the St. Petersburg Times' truth-testing project (which this week was awarded a Pulitzer Prize), scrutinized Sen. McCain's statement and found it to be true. Here's the money quote from Politifact:

"McCain is referencing the Tokyo Trials, officially known as the International Military Tribunal for the Far East. After World War II, an international coalition convened to prosecute Japanese soldiers charged with torture. At the top of the list of techniques was water-based interrogation, known variously then as 'water cure,' 'water torture' and 'waterboarding,' according to the charging documents. It simulates drowning." Politifact went on to report, "A number of the Japanese soldiers convicted by American judges were hanged, while others received lengthy prison sentences or time in labor camps."

The folks at Politifact interviewed R. John Pritchard, the author of The Tokyo War Crimes Trial: The Complete Transcripts of the Proceedings of the International Military Tribunal for the Far East. They also interviewed Yuma Totani, history professor at the University of Nevada-Las Vegas, and consulted the Columbia Journal of Transnational Law, which published a law review article entitled, "Drop by Drop: Forgetting the History of Water Torture in U.S. Courts." Bottom line: Sen. McCain was right in 2007 and National Review Online is wrong today. America did execute Japanese war criminals for waterboarding.