More on waterboarding

Dear Senator Feinstein,

I have been reading with interest about Judge Mukasey's confirmation hearings. I realize that my letter comes too late to have any effect on the Judiciary Committee's decision, but I wanted to write anyway.

I applaud Judge Mukasey's declaration that he finds waterboarding personally abhorrent. The thing that I would like to hear him say, that I have not heard him say, is that if nominated, he will actively work toward ending the use of this technique (if it is currently in use), regardless of its legality. I realize that that would go rather beyond the bounds of the duties of the Attorney General, but under the circumstances I don't think it's asking too much.

I'd like to call your attention to some websites related to waterboarding:

  • waterboarding.org explains how waterboarding works and provides excerpts from statements by people who've actually undergone it. It's difficult to read. I highly recommend that all Senators, Justice Department officials, CIA employees, and candidates for high political office read it. I hope that you will read it and will pass it along to your colleagues. I hope that Judge Mukasey will read it as well.
  • A page on that same site provides several accepted definitions of "torture" in an attempt to determine whether it's accurate to call waterboarding "torture."
  • Last week in Small Wars Journal, counter-terrorism consultant Malcolm Nance wrote an excellent piece about his personal experience of waterboarding as "a former Master Instructor and Chief of Training at the US Navy Survival, Evasion, Resistance and Escape School (SERE) in San Diego." He says: "Waterboarding is a torture technique. Period." He adds: "Waterboarding is not a simulation.[...] It does not simulate drowning, as the lungs are actually filling with water. There is no way to simulate that. The victim is drowning."
  • Judge and professor Evan Wallach concurs, in his Washington Post article "Waterboarding Used to Be a Crime." He looks at the historical record, and explains that "U.S. military tribunals and U.S. judges have examined certain types of water-based interrogation and found that they constituted torture."
  • An ABC News report describes how Daniel Levin, then acting assistant attorney general of the US, voluntarily underwent waterboarding himself in 2004. See also the related Washington Post editorial.

Waterboarding is torture. The US needs to stop doing it.

I don't have a strong opinion about Judge Mukasey one way or another. I like a lot of what I've heard about him. But my letter here is not primarily about whether Judge Mukasey should be confirmed, because the Attorney General is not the only person who can stop the US from committing torture.

Please work with your colleagues to end this practice. Our government should firmly and unequivocally repudiate and condemn waterboarding and other similar interrogation techniques.

thank you,

--jed

Jed Hartman

Mountain View, CA

6 Responses to “More on waterboarding”

  1. jp_davis

    My girlfriend and I were discussing this the other night. She put it in a way that I thought did a good job of summing things up. Imagine a candidate for AG said “Well, I don’t like rape, but I am not going to rule out that in certain situations, rape is acceptable.” Can you imagine that person getting confirmed?

    There are some things that civilized people just don’t do, no matter what. At least there used to be.

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  2. Josh

    > he will actively work toward ending the use of this technique (if it is currently in use), regardless of its legality

    Andrew Sullivan had some good thoughts about this the other day (or quoted someone, can’t remember now): The argument “if Congress hasn’t banned it, it must not be illegal”, is utter nonsense. It’s like arguing that since there isn’t a law against stabbing someone in the eye with a fork, that must not be illegal. Stabbing someone in the eye with a fork is clearly assault, and/or attempted murder, and/or probably some other things, even if that specific method of assault isn’t specifically forbidden. Waterboarding is clearly torture, even if that specific method of torture isn’t specifically forbidden. We don’t have specific laws against any other specific method of torture, and it’s ridiculous to suggest that this particular method is so complicated that we can’t figure out whether it’s torture or not unless Congress passes a law telling us that it is.

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  3. Wayman

    Josh wrote: “We don’t have specific laws against any other specific method of torture, and it’s ridiculous to suggest that this particular method is so complicated that we can’t figure out whether it’s torture or not unless Congress passes a law telling us that it is.”

    Looks like we’re just following a dangerous precedent, waterboard:torture::cigar:sexualrelations. Except one of these is actually a big deal but is being ignored by Congress and the other wasn’t a big deal but was blown into one by Congress. Sigh.

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  4. Wayman

    The money quote from all of your links, I think, is this by Nance: “If you support the use of waterboarding on enemy captives, you support the use of that torture on any future American captives.”

    I’d like to hear Mukasey–and anyone else who claims waterboarding is “abhorrent” but doesn’t go so far as to call it “torture” pure and simple–reply directly to this quote. I would like to believe that anyone who holds their opinion in reply to this would have the soundbyte played non-stop by the media and lose all possibility of appointment or election again.

    [cynic]In a rational world, this would be the case, but we live in a world with a spineless Democratic Congress, and a year before the election is more than enough time for a candidate to recover, even from this.[/cynic]

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  5. Jay Hartman

    Nice letter, Jed!

    I applaud Sen Feinstein and Sen Schumer for their highly pragmatic support for Judge Mukasey. As they pointed out, a rejection of Mukasey would have led to a recess appointment for AG who likely would have been an arch-conservative who thinks she/he is the president’s attorney rather than the people’s attorney…we just had an AG like that…it didn’t go so well. Knowing the Bush admin., a recess appointee AG would very likely have said waterboarding is a viable interrogation technique.

    While I too wish Mukasey had said flatly that waterboarding is torture and should be completely banned, Mukasey is clearly the lesser of risks compared to a recess AG appointment.

    And here’s a quote from McCain on waterboarding that I just put on my blog, from “This Week” on Oct 28:

    MR. STEPHANOPOULOS: This week we also saw increased concern about the Attorney General-designate Michael Mukasey. He was asked whether or not he thought water-boarding was torture. He said he wasn’t sure. That’s a similar position to Mayor Giuliani who said the same thing this week. You fundamentally disagree.

    SEN. MCCAIN: Anyone who says they don’t know if water-boarding is torture or not has no experience in the conduct of warfare, in national security. This is a fundamental about America. It isn’t about an interrogation technique. It isn’t about whether someone is really harmed or not. It’s about what kind of a nation we are. We are a nation that takes a moral high ground. If we engage in a practice that was invented in the Spanish Inquisition, was used by Pol Pot in Cambodia in that great genocide, is now being used on Buddhist monks in Burma, and we’re going to be the same as that? How do we keep the moral high ground in the world? I would never use that and find some other practices.

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  6. Kendra

    Meanwhile, out there on Fox News, some commentator (Sean Hannity?) is telling his viewers that he’s voluntarily undergone a controlled version of waterboarding, and it’s very unpleasant, but really not that bad — i.e. an effective method of interrogation, but totally not torture. Another commentator on the Situation Room dismisses John McCain’s condemnation of the practice because whatever happened to him in Vietnam is ipso facto worse than whatever we’re doing, because the North Vietnamese were bad guys and we’re not. I can’t believe that this is the country I live in.

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