Crunchy Con

Torture as "policy differences"

Tuesday July 14, 2009

Categories: Torture
On a First Things blog, J. Bottum writes that torture is immoral, but that Eric Holder's pondering whether or not to prosecute Bush officials for torture endangers the republic. Excerpt: Say you have a system of government in which policy...
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Comments
Cultural conservative?
July 14, 2009 6:53 PM

This is interesting. I am a neocon, of sorts, and a sympathetic reader of First Things. But the one thing that has concerned me for some time is the extent to which FT has hitched its wagon to the Bush administration's foreign and security policy. It took them a long time even to comment on the torture memos.

Don Altabello
July 14, 2009 7:12 PM

I can think of several good reasons not to prosecute:

1. Is this torture? I realize it isn't all that fun--it's not supposed to be. However, military officers are waterboarded as part of their training. The reaction of a friend of mine to a smarmy professor who wanted to do some ad libbing on the issue was: "Oh, c'mon, I've done that. It's not that bad!"

2. The intention of the "torture memos" was precisely to *set* some sort of boundaries around what could and/or should not be done. What factors and what risk permitted this? A what point does it become blurry? When do we know?

3. Can you honestly tell me that it isn't a difficult moral quandry when you essentially have a prisoner saying: "Yes, there's going to be another bombing in an American city. Soon you will know. But--f*&! you, you can't do jack. Now I want my defense lawyer from NYU." I'll count my self as anti-utilitarian as anyone, but being such does not automatically mean I'm going to blind myself to the reality (or possibly reality) or extraneous circumstances.

Besides--someone who was behaving as I described--isn't there at least an argument that they are an ongoing part of a conspiracy?

Rod et al--I really don't know what the answer is to this question, and I abhor the site of prominent Catholic intellectuals running out to defend everything the Bush administration did. My gut is to be for a total prohibition, absent very extraneous circumstances (which I think we had post-9/11).

Ask yourself a question--interpose the hypo in part 3 into a situation where it involved someone attacking your own house, and where a guest inside your house was part of the conspiracy and had information that could save your life. When it's personal, how does it feel?

RJohnson
July 14, 2009 7:37 PM

3. Can you honestly tell me that it isn't a difficult moral quandry when you essentially have a prisoner saying: "Yes, there's going to be another bombing in an American city. Soon you will know. But--f*&! you, you can't do jack. Now I want my defense lawyer from NYU." I'll count my self as anti-utilitarian as anyone, but being such does not automatically mean I'm going to blind myself to the reality (or possibly reality) or extraneous circumstances.

Ask yourself a question--interpose the hypo in part 3 into a situation where it involved someone attacking your own house, and where a guest inside your house was part of the conspiracy and had information that could save your life. When it's personal, how does it feel?

-----

I can tell you exactly how it feels. It's scary as hell. To know that a nut-job, who longs to be as brave as another of his ilk who murdered someone, knows where you live and sends some of his propaganda to your house...you fear for your children, your wife, yourself, and even your pets. So far, thankfully, all he has done is send mail to those who he disagrees with, but a health clinic in Iowa City was able to convince a judge that his intent was malicious, and a restraining order has been issued to keep him away from the clinic entrance (some 2000 ft. clearance, I believe).

Now, does that mean I am suggesting that we should torture the idiot in question, just in case he is planning something? No...absolutely not. If we resort to that then we have become just as guilty as he is. If we surrender our ethics and morals simply because of personal security, we are no better than those we hate.

Now, a question to you, Don. We have exactly this scenario playing out for us in a recently publicized terrorist incident. Dr. George Tiller was murdered recently, and Scott Roeder is being held in custody as the prime suspect. Mr. Roeder recently said that he knew of several other plots to murder healthcare professionals, and that these would be happening in the near future.

Don...should we torture Mr. Roeder in hopes that we can get him to give us more information about these plots he allegedly knows about? Why or why not?

the stupid Chris
July 14, 2009 8:07 PM

2. The intention of the "torture memos" was precisely to *set* some sort of boundaries around what could and/or should not be done.

So goes the claim, but the truth is that the methods were used and the caveats were immediately and summarily ignored, and that no-one was ever held accountable.

As for item #3, Assuming a well-formed conscience, the quandry given the facts as presented is emotional not moral.

steve
July 14, 2009 9:17 PM

"The reaction of a friend of mine to a smarmy professor who wanted to do some ad libbing on the issue was: "Oh, c'mon, I've done that. It's not that bad!""

No, he had an experience in a controlled environment by people who really hoped he lived and were not his enemies. If he wants the real experience, he should arrange a trip to Pakistan and ask some AQ there to waterboard him.

On the broader issue, this argument carried to its end, means you can almost never prosecute anyone from a prior administration for anything. No one should be above the law. FTR, I would prefer a truth commission. We need to find out how such a small number of people with so little experience in interrogation came to make these decisions. The decision to torture cost us many lives and a lot of money. Please note that when we gave up torture, we did much better in Iraq. There remains no real evidence that we gained anything from it.

Steve

Davis
July 14, 2009 9:52 PM

Bottum is just parroting the kind of reasoning that his hero, Fr. Neuhaus, used for decades. Bottum and Neuhaus allowed themselves to be cover for pro-torture and pro-war neocons, appearing to give orthodox Catholic (and Vatican) blessing to what was happening.

Andrew
July 14, 2009 9:56 PM

If it is "torture" to pour water over the head of a terrorist, is it "tortue" to spank a child to "incentivize" them to tell the truth?

Whatever happened to the old notion of torture being something that caused permanent physical disfigurement?

Elizabeth Anne
July 14, 2009 10:16 PM

"1. Is this torture? I realize it isn't all that fun--it's not supposed to be. However, military officers are waterboarded as part of their training. The reaction of a friend of mine to a smarmy professor who wanted to do some ad libbing on the issue was: "Oh, c'mon, I've done that. It's not that bad!""

Yes. The reason we briefly waterboard officers is BECAUSE it is a form of torture used by enemies of the United States in the past. The purpose of the training is to teach our men how to resist said torture. Moreover, to suggest that something done by a trusted ally is the same as something done by an enemy is tantamount to arguing that we can no longer prosecute anyone for assault with a deadly weapon if they use a knife, because people VOLUNTARILY get surgery all the time! Heck, they even pay for it!

RJohnson
July 14, 2009 10:38 PM

"1. Is this torture? I realize it isn't all that fun--it's not supposed to be. However, military officers are waterboarded as part of their training. The reaction of a friend of mine to a smarmy professor who wanted to do some ad libbing on the issue was: "Oh, c'mon, I've done that. It's not that bad!""


You know, I am really not that surprised we are hearing arguments like this from proponents of torture. After all, these are the same people who will cry you a river when they mention all the innocent victims of the terrorist attacks on 9/11, but brandish the label "collateral damage" when it is our bombs and some other nation's innocent victims.

These people are little better than the terrorists they hate. They respond to unreasoned fear in exactly the same manner and with the same twisted logic as their Muslim counterparts. And in doing so they help the terrorists destroy the very freedoms they claim to be protecting.

willybobo
July 14, 2009 10:56 PM

Don, no one serious is really arguing that it's a moral quandary when "you essentially have a prisoner saying: "Yes, there's going to be another bombing in an American city. Soon you will know. But--f*&! you, you can't do jack. Now I want my defense lawyer from NYU.""

The moral quandary is that we have prisoners who are being detained who have gotten no trial whatsoever, who may *or may not be* who we think we are, and may *or may not* know what we believe them to know about plots that may *or may not* exist in reality, and the government decides on its own authority and with no oversight to subject these prisoners to multiple, simultaneous excruciating and terrifying practices to break them down physically and psychologically. We then take the information that results and use it to justify billions of dollars of spending and to risk the lives of many people on both sides.

The difficult practical question is, what if those government officials made a mistake somewhere along the way? The difficult moral question is, on balance, what is the chance that the good that could come from torturing this human being outweigh the bad it does to us, to them, and to others? And are we willing to take that risk?

On the prosecutions, the question is, we had an established law in this country that prohibited us from torturing. The president and his administration circumvented that law using what appears to be spurious legal reasoning that essentially argued not that the law didn't exist, but that the president need not be bound by the law. Is it worth investigating this through our established system of due process? Deciding to prosecute is not deciding to convict or to punish, it's deciding to hold a trial to discover the facts and pass judgement on what really happened.

Karen Brown
July 14, 2009 11:57 PM

Oh, and, 'permanent physical disfigurement' has never (well, until we started doing it and needed to raise the bar and change the definition so, well, we weren't) been part of the definition of 'torture'.

Ever hear of the 'Chinese water torture'? No permanent disfigurement needed. Neither does sensory deprivation, etc. Indeed, serious injury is something a good torturer wants to avoid. The less real damage, coupled with the most pain means you can torture longer without the victim passing out or, heaven forbid, dying.

And yes, an average of 7 seconds with a wet towel over your face that you know is going to be there, how long it is going to be there and is administered, at most, a couple of times by friends that you know have absolutely no intention to harm you has very little to do with the real thing.

Yes, we do that to officers, briefly, as they noted, to prepare them for what the ENEMY will do, because we know the enemy is not bound by the rules we, well, used to be bound by.

Finally, the whole 'in one hour' bit? Straight out of 24. If that was the case, the damage would be done before we got them to the holding cell to question them in the first place. What we are REALLY dealing with are people who have been compromised, and if their contacts have a brain in their heads, their info is obsolete anyway.. for the few who actually know anything in the first place. That's why they generally go more for names of contacts instead of the whole 'ticking bomb' thing.

Cecelia
July 15, 2009 1:12 AM

Lawlessness begets more lawlessness - how about the new revelations about the rogue CIA - running still top secret operations not authorized by the CIA Director or Congress. How about "enhanced interrogation" prior to legal authority to do so. How about unlawful entry, spying on US citizens. The list is long.

End the debate. Investigate and prosecute. The greater danger is to ignore this and allow it to happen again. A people who do not protect their freedoms deserves to lose them. I forget who said that - a founding father I think.

steve
July 15, 2009 7:05 AM

Andrew- You are very old fashioned. The torture regimes of the 20th and 21st centuries moved on past that stuff. It is very time intensive and is more costly. Torture like waterboarding, sleep deprivation, temperature extremes and isolation take fewer personnel and have lower need for medical treatment if you are going to keep people alive. We were using the same torture schemes worked out by the North Koreans and Russians , for the most part. You are known by the company you keep.

Steve

Don Altabello
July 15, 2009 8:34 AM

"Now, a question to you, Don. We have exactly this scenario playing out for us in a recently publicized terrorist incident. Dr. George Tiller was murdered recently, and Scott Roeder is being held in custody as the prime suspect. Mr. Roeder recently said that he knew of several other plots to murder healthcare professionals, and that these would be happening in the near future.

Don...should we torture Mr. Roeder in hopes that we can get him to give us more information about these plots he allegedly knows about? Why or why not?"

When it involves a city--yes, we should.

RJohnson
July 15, 2009 9:25 AM

Me: "Don...should we torture Mr. Roeder in hopes that we can get him to give us more information about these plots he allegedly knows about? Why or why not?"

Don: "When it involves a city--yes, we should."

Are our enemies in conflicts then right to torture our captured citizens (whether they be military or civilian workers) in an effort to determine what attacks may be pending on their cities?

Notice I am not asking if they do, for we know that many times those we oppose resort to torture, even methods that are far worse than what we employ. I am asking, instead, if they are right to do so in the name of protecting their people, their cities, from attacks from our military forces.

Simpleton
July 16, 2009 4:50 AM

Conceding that torture is permissible under certain conditions, which of the following would be the best justification?

1. Your prisoner is the only one who knows the date and time of an assassination attempt on the Pope
2. Your prisoner is the only one who knows where a nuclear device has been planted in Washington, D.C.
3. Your prisoner is the only one who knows where a vial of nerve gas has been placed in the London water supply system
4. Your prisoner has announced that the earth revolves around the sun

LOL

Athanasius
July 16, 2009 11:59 AM

RJohnson wrote: "You know, I am really not that surprised we are hearing arguments like this from proponents of torture. After all, these are the same people who will cry you a river when they mention all the innocent victims of the terrorist attacks on 9/11, but brandish the label "collateral damage" when it is our bombs and some other nation's innocent victims."

Thank you. That was very well put. This paragraph alone puts almost our entire ill-advised military romp throughout the mid-East in crystal clear perspective.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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