Thu
Nov 1 2007
09:47 am
By: Carole Borges

There are American laws going back to the 1800's that say waterboarding is torture. After WWII, we actually convicted the Japanese of this crime. Now our nominee for Attorney General, Michael MuKasey, suggests maybe there are times when "persuasive techniques" may need to be used to gather information. Does changing the name of something illegal make it suddenly legal?

What do you think is the best reason for outlawing torture? Personally I loathe the idea that I would allow myself to become complicit in torture by approving of it when everything in me says is wrong. I also know anyone will say anything if put under pressure.

Where do you draw the line?

Sarge's picture

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Hey Carole, checkout todays KNS, it look like ET maybe getting its own version of Blackwater, its called Echota Tactical Training Center and maybe located in Lake City. Proposed Center will come fully equipped, including a 1,000-meter sniper firing range. HOW ABOUT THEM APPLES!

Carole Borges's picture

I'm surfing over right now...

Thanks for bringing this to my attention.

Sven's picture

Where do you draw the

Where do you draw the line?

The very attempt to draw lines is the problem, as Michael Kinsley noted in this great column:

[O]nce you accept that torture would be justified in one situation, avoiding the use of torture on other situations is no longer a moral imperative. The question becomes where you draw the line.

In law school, they call this..."salami-slicing." You start with a seemingly solid principle, then start slicing: If you would torture to save a million lives, would you do it for half a million? A thousand? Two dozen? What if there's only a two-out-of-three chance that person you're torturing has the crucial information? A 50-50 chance? One chance in 10? At what point does your moral calculus change, and why? Slice the salami too far, and the formerly solid principle disappears.

The same thing happens when one attempts to slice the "cruel and unusual" or "shocks the conscience" standard and define what particular forms of torture is lawful.

Carole Borges's picture

That's an astute analogy.

Thanks for posting that. It addresses this weird situation where the potential AG is waffling n if waterboarding is all right in some circumstances. I guess he's hankering to nibble the salami?

SammySkull's picture

Torture does not work as an

Torture does not work as an interrogation technique. Rather than give up information, the victims of torture tend to say whatever they feel is expected of them in order to halt the torture. In my opinion, if you have to ask if something is wrong or is torture then it is in fact torture.

Terry Troll's picture

I read a comment somewhere

I read a comment somewhere in the last few days that in essence said"If you would not mind it being done to a US soldier it is not torture. Or something like that.

talidapali's picture

Kaj Larsen over at ...

The Huffington Post had an interesting little article on this very subject.

The video is disturbing to watch, but makes a very graphic point.

_________________________________________________
"You can't fix stupid..." ~ Ron White"
"I never said I wasn't a brat..." ~ Talidapali

Sven's picture

What's particularly

What's particularly troubling is that, unlike Gonzales, Mukasey is not a vicious idiot; he knows perfectly well how dangerous compromise can be in an area with such dire consequences as torture. Yet he's still willing to make this Faustian bargain. As Jack Balkin puts it

The Bush Admininstration will not nominate anyone to be Attorney General who will state publicly that what the Administration did was illegal or dishonorable. That means that the only persons who can be nominated are those who are willing to be complicit in its illegality and dishonor. For if the nominee admitted that the Administration had repeatedly misled the American people about the legality of its actions, he would not be welcome in the Bush Administration.

It is a bit like Groucho Marx's famous line: To be Attorney General in the Bush Administration requires apology for lawbreaking and torture. No Attorney General with any self respect should want to join an Administration like this that would have him as a member.

This is what we've come to. Because we've failed to call out this administration for what it is and hold it to account, we're all but forced to hold our noses and slice the big salami.

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