A quick post to register a rather striking piece of news (via), which didn’t seem to get much notice in the British media. First, here’s the complete text of a piece on torture from the January 2008 Washington Monthly:
According to the latest polls, two-thirds of the American public believes that torturing suspected terrorists to gain important information is justified in some circumstances. How did we transform from champions of human dignity and individual rights into a nation of armchair torturers? One word: fear.
Fear is blinding, hateful, and vengeful. It makes the end justify the means. And why not? If torture can stop the next terrorist attack, the next suicide bomber, then what’s wrong with a little waterboarding or electric shock?
The simple answer is the rule of law. Our Constitution defines the rules that guide our nation. It was drafted by those who looked around the world of the eighteenth century and saw persecution, torture, and other crimes against humanity and believed that America could be better than that. This new nation would recognize that every individual has an inherent right to personal dignity, to justice, to freedom from cruel and unusual punishment.
We have preached these values to the world. We have made clear that there are certain lines Americans will not cross because we respect the dignity of every human being. That pledge was written into the oath of office given to every president, “to preserve, protect, and defend the Constitution.” It’s what is supposed to make our leaders different from every tyrant, dictator, or despot. We are sworn to govern by the rule of law, not by brute force.
We cannot simply suspend these beliefs in the name of national security. Those who support torture may believe that we can abuse captives in certain select circumstances and still be true to our values. But that is a false compromise. We either believe in the dignity of the individual, the rule of law, and the prohibition of cruel and unusual punishment, or we don’t. There is no middle ground.
We cannot and we must not use torture under any circumstances. We are better than that.
– Leon E. Panetta
This kind of self-congratulatory American visionary liberalism sets my teeth on edge, I have to admit – “We are better than that”? Really? – but at least here it’s being invoked against the barbarities of power, not as a cover for them. And these particular barbarities have flourished exuberantly over the last seven years, so it’s refreshing to hear any sign of unyielding opposition to them from within the US establishment, however syrupy the rhetoric.
Anyway, about that news story. From the 5th January New York Times:
President-elect Barack Obama has selected Leon E. Panetta, the former congressman and White House chief of staff, to take over the Central Intelligence Agency
Obama’s going to let us down – oh, how he’s going to let us down. (I’m particularly not looking forward to his first statement on Gaza.) But this is seriously good news – better than I’d ever have expected.
“We cannot and we must not use torture under any circumstances. We are better than that.”
Leon Panetta, the next head of the CIA.
Vice President Cheney I think continues to defend what he calls extraordinary measures or procedures when it comes to interrogations and from my view waterboarding is torture. I have said that under my administration we will not torture
our United States military is under fire and has huge stakes in getting good intelligence. And if our top army commanders feel comfortable with interrogation techniques that are squarely within the boundaries of rule of law, our constitution and international standards, then those are things that we should be able to (INAUDIBLE)
Perhaps more significantly, Bush administration appointee Susan Crawford, 14/1:
“We tortured [Mohammed al-]Qahtani,” said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. “His treatment met the legal definition of torture. And that’s why I did not refer the case [for prosecution]”.
Something’s changing out there. The fundamental point is that there is a difference between interrogation and torture: interrogation is about extracting information, but torture is about breaking people. And when a person’s broken they can’t give reliable testimony. This, I think, made Guantánamo Bay too much of an anomaly for even Bush’s attack lawyers to assimilate into legal normality. Give waterboarding – or stress positions, or hooding and white noise in a white room – what names you like, there is still such a thing as torture; it’s defined by its effects, and its key effect is to nullify a suspect’s legal personhood. Under Bush and Cheney that was a small price to pay: it also made terrorist suspects safe, after all, and it might produce some usable intelligence along the way; the rest was just a question of human warehousing. For Obama – as for ‘lifelong Republican’ Crawford, and doubtless many more like her – it’s just not how it’s done.
I like that ‘(INAUDIBLE)’, though.