Tuesday, May 12, 2009 - 1:32 PM

Here is a note an Army National Guard lieutenant colonel I know sent to the columnist Charles Krauthammer, who didn't respond:
Mr. Krauthammer,
I don't usually make a point of responding to the talking-head proselytizers in my Sunday paper but your column prompted me to do so.
I'll make this simple. There are NO circumstances under which torture is acceptable. Jack Bauer's "24" makes for great TV but even in a ticking timebomb situation such behavior is inappropriate and illegal. Torture is counter to our moral code, a violation of the Geneva and Hague conventions to which we subscribe and perhaps least understood, but most significantly, counterproductive and ineffective. Nothing else really needs to be said, but if you want more details read on.
I have friends who have been to SERE and instructed SERE students and acted as interrogators. All agree that waterboarding and other such 'enhanced' techniques are good for training (in a strictly controlled environment) our soldiers, sailors, airmen and Marines on what to expect in captivity. They also agree that it is torture to anyone outside that training environment. Finally, they all agree that torture rarely results in actionable intelligence, as the victim is willing to say most anything to end the torture.
So you must wonder, by what authority is this letter writer speaking? Well, as a Lieutenant Colonel and Combat Arms Battalion Commander in the Army I am responsible for the welfare, training, good order, and discipline of my soldiers. I am responsible for everything they do or fail to do. I am also responsible to follow and issue only those orders that are legal, ethical and moral. Torture of another human being is illegal, unethical and immoral, and I would be duty bound to disobey any such order...just as PFC Lynndie England and SPC Charles Graner (and their many counterparts, senior officers and NCOs at Abu Ghraib) should have done...just as any of my soldiers should disobey should I give such an order. We all have the lessons of Nuremburg to rely upon anytime such questions come to mind; "I was just following orders" is never justification for committing crimes against other human beings.
Before deploying to Iraq last year, I explained these things to my troopers. It is difficult to explain to young (practically) kids, with little experience, and poor knowledge of the world...but if you are caring and committed, and repeat yourself often enough they learn and understand. I told them the most important thing they needed to take away from all their preparations was that while it would be terrible to lose one of them or have one of them seriously physically injured, it would be worse to have them come home physically well and mentally broken because they had somehow lost their humanity. Torture destroys our humanity, and any equivocation (feel free to exercise the Kantian absolutist vs utilitarian argument to your heart's content) on the matter is just bullshit.
. . . If captured I would honor our Armed Forces Code of Conduct to the best of my ability and go to whatever my fate, resolute in the knowledge that our nation remains a last bastion of what is right (or ought to be right) in the world. Torture has no place in America, and Americans have no reason to employ it. War ain't fair, but we have to fight it while maintaining a level of dignity and humanity, jus in bello. This is rough work for people bound to a code of Duty, Honor, Country. Proselytizers, who say but do not act, need not apply.
To summarize: Those who endorse torture need to think twice about the effect it has on the moral and discipline of our troops. Also, think about his point that torture has two victims: the person suffering it, and the person inflicting it.
Billie/PartsnPieces/flickr
But It doesn't keep the memo writers from being employable
Torture memo writer John Yoo hired by Philly Inquirer as columnist http://tinyurl.com/pgoecl
Meanwhile Jay Bybee sits on the Ninth Circuit Court and writes 'legal paper' of the sort that could imprison someone for crimes far less heinous. http://tinyurl.com/cob2df
Any intel is 'actionable' intel to SOME people...
Especially when one wants to start a worthless (unquoted intentional) war.
Juan Cole @ Informed Comment this morning:
Al-Qaeda operative Ibn al-Shaykh al-Libi was captured trying to escape from Afghanistan in late 2001. He was sent to Egypt to be tortured, and under duress alleged that Saddam Hussein was training al-Qaeda agents in chemical weapons techniques.
It was a total crock, and alleged solely to escape further pain. Al-Libi disavowed the allegation when he was returned to CIA custody.
But Cheney and Condi Rice ran with the single-source, torture-induced assertion and it was inserted by Scooter Libby in Colin Powell's infamous speech to the United Nations.
http://tinyurl.com/qdpmga
Thank you, Lt. Col. I hope that as a nation we will learn that even Krauthammer's slippery 'It's usually best not to torture' position logically leads to a blanket prohibition.
'America stands firm for not torturing... much...'?? It just doesn't work, unless we go all the way, with our Constitution. Before we let torture advocates wrap abuses in the flag, wave a hand at those it may have saved, let's ask how many people AREN'T walking around because Cheney's dark-side war became a recruiting tool for our enemies? It's a big number.
But it's necessary to listen uncritically to Krauthammer, to acknowledge that he's worked the issue for a usable justification, constructs an argument that has many adherents. And then to see past his argument to his insistent conclusion:
"Some people, however, believe you never torture. Ever. They are akin to conscientious objectors who will never fight in any war under any circumstances, and for whom we correctly show respect by exempting from war duty. But we would never make one of them Centcom commander. Private principles are fine, but you don't entrust such a person with the military decisions upon which hinges the safety of the nation."
Loud and clear, he says the Lt. Col is akin to a conscientious objector, unfit for higher command. Team Krauthammer DEMANDS agreement to the NECESSITY OF TORTURE from you, me, Petraeus, Gates, Obama. Charles dismisses all who can't see torture as a DUTY as unfit for line command and high office. QED
Lest anyone think this is academic or old business, consider that Special Operatin Command's secret efforts in Iraq have been specifically linked to CONVICTIONS for abusive interrogation at Camp Nama in Iraq, and that JSOC's McChrystal has now been put in 4-star command of a ramped up war in Afghanistan.
On a related topic, I'd like to hear Mr. Ricks (or expert opinion) on Woodward's thesis that McChrystal-JSOC's kinetic war of elimination in Iraq was perhaps the biggest part of security gains made during Petraeus 'surge'. My meager direct sources support that idea. I'm sure Tom's got sources that can put it in perspective.
Torture has consequences for more than just those two victims; it affects even those who have to witness it, as the cases of Arabic-speaking interrogators, Alyssa Peterson & Kayla Williams, make clear:
http://www.editorandpublisher.com/eandp/columns/pressingissues_display.jsp?vnu_content_id=1003965876
http://www.editorandpublisher.com/eandp/columns/pressingissues_display.jsp?vnu_content_id=1003966494
Wait a second... we can "Torture" our own personnel in training (ie. SERE), yet we cannot use the same methods for the enemy? Wouldn't this mean that we have been committing heinous crimes against our own troops for years? If the techniques described in the CIA "Torture" memos are truely illegal and immoral, then they should not be administered on ANYONE.
As a graduate of SERE, I don't think the techniques applied to me (Identical to the techniques described in the memos) constituted torture. Were they extremely uncomfortable? Yes. Did they significantly increase my stress level? Yes.
I think what Americans are going through is guilt over the discomfort they feel over their exposure to the enhanced interrogation techniques. If these techniques are criminal, make them criminal for all.
On a side note, there will be many people who may asert that students in SERE "know that its training" therefore lessoning the impact of the techniques applied to them, as opposed to a war time detainee. The only way to show them how wrong they are is to invite them to undergo the same training as we do... after two weeks of sleep deprivation and "torture" techniques applied multiple times, the difference between training and reality is nonexistant.
On another note, the LTC's letter above wrongly includes the Abu G scandal with the torture issue. Clearly, the MPs abused the Abu G detainees, creating a set back for the United States on the same scale as the battle of Kasserine Pass in WW II. It was not torture, nor were they ordered to do it. Again, I am NOT defending their actions nor those of the officers in charge of the prison, but it should not be lumped in with he torture debate.
"In the meeting, the officials professed ignorance about Abu Ghraib. "Could you tell us what happened?" Wolfowitz asked. Someone else asked, "Is it abuse or torture?" At that point, Taguba recalled, "I described a naked detainee lying on the wet floor, handcuffed, with an interrogator shoving things up his rectum, and said, 'That's not abuse. That's torture.' There was quiet.
Rumsfeld was particularly concerned about how the classified report had become public."
(Hersh, The New Yorker, 6/25/2007)
Abu Ghraib was important in providing proof to the US public that we had a major prisoner abuse problem. But there were more than a hundred documented prisoner deaths in in multiple detention locations, torture becoming murder. No one should be selling AbuG as occurring in isolation from General Miller's mission to 'gitmo-ize' interrogation operations in Iraq. A reasonable guess is that things got even wilder in Afghanistan.
Consensual and friendly vs. forced and hostile
" Wouldn't this mean that we have been committing heinous crimes against our own troops for years?"
Consider a rapist preying on local women. When caught, he argues that he can't be a rapist, because that would mean he had been raping his wife all those years when they had sex.
Does that argument make sense? No. Even if his wife was into kinky painful S&M, and the rapist was very gentle with his victims, the difference is that with his wife it was consensual, and with the rape victims it was not consensual.
SERE is consensual, limited in duration, and done by people who, as harsh as they might be, are on your side and concerned about your well being. You are submitting because it is required to achieve your long-term goals. As bad as it is, you get something out of it.
How many people have died during SERE? How many prisoners have died in US custody due to injuries inflicted by Americans.
IDMAJ: "It was not torture, nor were they ordered to do it."
Janet Karpinski claimed the CIA was running the show and if so the GIs must have assumed they were operating under orders cleared through THEIR OWN chain of command.
That would make it disinformation fed to our own soldiers who believed they WERE acting under orders, legitimate or not.
If you actually do a little research, you'll find that the Soldiers involved did it on their own, twisted accord. Karpinski was trying to save her own skin. She was in charge of the prison and completely lost control of what was going on inside. As an Army officer, I do think that other officers in the chain of command should have been punished for their poor or criminally negligent leadership at ABu G.
Do you actually think the CIA would waste their time on the low level detainees that were in the Abu G prison at the time? I think not. This is a weak conspiracy theory at best.
Hersh says that Gen. Taguba, under no illusions that he was taking one for the team, was still distressed that virtually no one he met with had actually read his report, with the exception of Army Chief of Staff Schoomaker. The conclusion that a 3-star follow-up was needed was not acted on, and he was forced into retirement.
I confess that I've not read the unclassified version of the Taguba Report, but I don't think it supports a blanket 'did it on their own' conclusion. Some very public prosecutions of line troops and some other abusive detention operations tells me that the services saw a need to push back against acts of retribution for our casualties. We hear a lot about 'setting conditions'.
I want to be open to facts and expert witnesses, and maintain humble doubt about whether I could have been 'walked' into behaviors thought impossible. An interrogator's job is to re-direct an enemy captives behavior, in small steps. No one should think it doesn't work in the other direction, on guards and interrogators.
The war indeed follows us home.
USNA Law Professor is coming out...
http://www.nytimes.com/2009/05/13/opinion/13divoll.html?_r=1
This is coming from a professor at the Naval Academy....
My read is that it is an encouraging call for a review of procedural limits that are restrictive upon the duties of the Legislature in preventing executive criminal activity. Activity that occurred after 911 in the House and Senate appear to have been more in the line of abrogation than assumption of Constitutional responsibility. Personally for the Gang of Four it was an abrogation of ethics and courage.
Surprised though, this is really something coming out of an institution always on the succor to the Congress.
Wish Ms. Divoll would read it in front of the Stockdale memorial.
Torture has two victims? Please. I suppose then one could say the fire bombing of Dresden was for all practical purposes an attempt to torture an entire population into 'giving something up' and therefore in a sense the crews of those planes and the officers who ordered the tactics were war criminals whose souls were lost to evil. If I don't believe what I'm doing is wrong then how am I to be corrupted by it? Of course I can be, that's obvious, but I won't necessarily be. I can kick in a door in Ramadi in the middle of the night and see a flash of metal in the shadows and fire instinctively and then when the lights are turned on find I've killed a harmless old woman - am I evil? I tell myself that war is an imperfect violence focused for the purposes of getting someone to do something they don't want to do and therefore I'm not evil - and essentially I'd be right. The torture question is full of flawed logic and definitions and motives on both sides.
Laws give the illusion that actions are understood, and it's a necessary illusion - but I think Kafka demonstrated just how absurd an illusion it can be. We want things to be black and white because that simplifies our choices - but the reality is the world is full of grey. As a somewhat free and open society that tends to respect the rights of individuals we have a fairly good notion of what torture is, but less so of what it isn't and it would be helpful to the debate if people would stop declaiming as if that weren't the case. Drawing and quartering? I think we can all agree that's torture - a real threat of death and disfigurement, pretty sure that's torture. Sleep deprivation? Throwing someone up against a wall? You can really sit there and say that a well meaning person who argues a difference between harsh interrogation and torture has been corrupted to evil?
The good Lt Colonel intimates a clash between Kant and Hume but doesn't pursue it - and for good reason: Hume wins. We want to believe in absolutes but reality is far too bitter a thing for that - and the reality is whoever was in charge of the White House on 9/11 - I think we can all accept at this point it was Cheney - sensed an existential threat to the very idea of America and that any show of weakness could prove fatal and from that animus you get enhanced interrogation techniques. It wasn't evil incarnate - it was a perfectly reasonable response. Flawed? Yes, of course - just as the reasoning that is repelled by it is flawed as well.
"Cheney - sensed an existential threat to the very idea of America and that any show of weakness could prove fatal and from that animus you get enhanced interrogation techniques."
If it had been some singular incidents, or just KSM and a few cronies, your argument would hold water. But he went and set up a system of secret prisons, renditition flights and dungeons all overe the world, they *systematically* allowed torture to be performed on their own prisoners much worse than at ABu Ghraib by third parts, and they completely and fundamentally broke the law that Ronald Reagan signed. Thats not Jack Bauer, thats Eichman. And the excuse "We did it for the nation" got tried in Nuremberg.
But I guess its different when its americans, of course. Its so easy to forget that youre never wrong.
Your little imaginative exercises are not merely intellectual masturbation, but an intellectually dishonest form of it. You would deny that human beings can be haunted by terrible acts they may have committed because you can, in the comfort of your armchair, create a rationalization for it.
It's telling how these chicken-hawks who've never served in the military tend to be the most vocal pro-torture advocates whereas you have seasoned soldiers and other professionals arguing against such transgressions.
I must admit I once bought into the whole ticking time-bomb scenario popularised by the 24 show. It takes sustained argument by true experts to counter the dangerous and corrosive seed planted by fearmongers and Hollywood.
Furthermore, it will take prosecutions to offset the precedent Cheney & Co set. It's not about vengefulness but a simple matter of constitutional "hygiene".
Without America quitting this regression into pre-enlightenment practices and mindsets, the unity of the West, so critical in my mind to our future, will never be what it out to be. For here in Europe, torture is still viewed with absolute abhorrence.
My son is career military. I never thought I would see the day that members of our government or our military made excuses for torturing other human beings. Torture, if continued, will corrupt both our military and our society. The fact that so many prominent people excuse it, shows that torture already has, to some extent, corrupted us.I thank this National Guard officer for standing up for what is right. I don't want my son to be part of any organization that engages in such despicable practices. I did not raise him to be morally destroyed.
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