November 7, 2007

FOR THE SAME REASON IT'S USELESS AS REGARDS CONFESSIONS...:

Democrats and Waterboarding: The party will lose the presidential race if it defines itself as soft on terror (ALAN DERSHOWITZ, November 7, 2007, Opinion Journal)

Consider, for example, the contentious and emotionally laden issue of the use of torture in securing preventive intelligence information about imminent acts of terrorism--the so-called "ticking bomb" scenario. I am not now talking about the routine use of torture in interrogation of suspects or the humiliating misuse of sexual taunting that infamously occurred at Abu Ghraib. I am talking about that rare situation described by former President Clinton in an interview with National Public Radio:

"You picked up someone you know is the No. 2 aide to Osama bin Laden. And you know they have an operation planned for the United States or some European capital in the next three days. And you know this guy knows it. Right, that's the clearest example. And you think you can only get it out of this guy by shooting him full of some drugs or waterboarding him or otherwise working him over."

He said Congress should draw a narrow statute "which would permit the president to make a finding in a case like I just outlined, and then that finding could be submitted even if after the fact to the Foreign Intelligence Surveillance Court." The president would have to "take personal responsibility" for authorizing torture in such an extreme situation. Sen. John McCain has also said that as president he would take responsibility for authorizing torture in that "one in a million" situation.

Although I am personally opposed to the use of torture, I have no doubt that any president--indeed any leader of a democratic nation--would in fact authorize some forms of torture against a captured terrorist if he believed that this was the only way of securing information necessary to prevent an imminent mass casualty attack. The only dispute is whether he would do so openly with accountability or secretly with deniability. The former seems more consistent with democratic theory, the latter with typical political hypocrisy.

There are some who claim that torture is a nonissue because it never works--it only produces false information. This is simply not true, as evidenced by the many decent members of the French Resistance who, under Nazi torture, disclosed the locations of their closest friends and relatives.

The kind of torture that President Clinton was talking about is not designed to secure confessions of past crimes, but rather to obtain real time, actionable intelligence deemed necessary to prevent an act of mass casualty terrorism. The question put to the captured terrorist is not "Did you do it?" Instead, the suspect is asked to disclose self-proving information, such as the location of the bomber.


...it's invaluable in obtaining intelligence.

Posted by Orrin Judd at November 7, 2007 1:35 PM
Comments

European capitals only? No waterboarding to get info to save Beijing, Tokyo, Riyah...?

Posted by: ic at November 7, 2007 2:28 PM
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