Tag: torture

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History National Security The Bush Legacy The Opinionsphere The War on Terrorism

The Lessons of Torture in World War II

[digg-reddit-me]When I first started this blog, I told the story of two different interrogations at the beginning of Bush’s War on Terror – one using traditional methods which yielded actionable intelligence; and one using “enhanced” techniques which yielded false information. Now – in the past few weeks with Obama referencing Winston Churchill in defense of his administration’s anti-torture stance, a battle has broken out over torture in World War II. Keith Olbermann and Bill O’Reilly engaged in a skirmish earlier this week – but at the same time, two academics have written pieces about the broader historical context – both of which purport to demonstrate how torture helped the Allies win the war. 

N.B. Keep in mind while reading these stories that the justification for using torture that American proponents utilize is that it is an essential intelligence tool that is necessary to produce actionable intelligence quickly.

Julian Sanchez told the first story about how torture helped win “the Good War.” The Japanese tortured an American airman in the immediate aftermath of the bombings of Hiroshima and Nagasaki trying to get information about this bomb program. The airman “confessed” that America had hundreds of atom bombs ready to drop on Japanese cities. In turns out, the airman knew nothing of the program – and America has just used the only one left in it’s stock. It’s unclear what effect this information had – but this false information gleaned from torture had to have had an effect on Japan’s leadership as they debated whether or not to surrender. Sanchez doesn’t lay out the lesson – but based on his presentation, it is clear: Torture produces false information.

Andrew Roberts, who claims to be an historian, tells a different story in The Daily Beast. He starts out explaining what the lessons he wants to convey is –  the “crucial truth” about torture during World War II that he makes clear will support the right-wing defense of torture. Roberts writes:

When troops need information about enemy capabilities and intentions—and they usually need it fast—moral and ethical conventions…have repeatedly been ignored in the bid to save lives.

So far, a relatively uncontroversial reading of history. But the next sentence is a doozy:

In the conflict generally regarded today as the most ethical in history, World War II, enhanced interrogation techniques were regularly used by the Allies…[my emphases]

Google records 0 instances of anyone calling World War II the most ethical anything in history. For good reason – first, Roberts entirely mis-states what he means to say – that the Allies conduct in World War II was the most ethical in history; secondly, from the firebombings of Dresden and Tokyo to the atom bombs dropped on Hiroshima and Nagasaki to the interment of hundreds of thousands of Japanese-Americans there are quite a few barbaric acts associated with the Allies in the war. What Roberts should know – as an historian – is that World War II is widely regarded as a “good war” – one of the few – not because our conduct was exemplary – but because the war was against evil forces that left no choice but for the Allies to violently oppose them. Roberts only uses this as a throwaway phrase – more important is his second point – that “enhanced interrogation techniques were regularly used by the Allies.” 

Roberts spends the rest of his piece not backing up this assertion – except by innuendo. The story Roberts chooses to tell is of Operation Fortitude – Britain’s program that used German intelligence agents to feed misinformation to keep the bulk of the German army away from Normandy on D-Day. But in terms of “enhanced interrogation techniques” being used on these agents, he literally offers no proof. This is the closest he gets:

If anyone believes that SIS persuaded each of these 19 hard-bitten Nazi spies to fall in with Operation Fortitude by merely offering them tea, biscuits, and lectures in democracy, they’re being profoundly naïve.

Once again – a Google search for “Operation Fortitude” and torture yielded no results backing up Roberts’s history. Roberts himself cites not sources or records or accounts – and for what it’s worthy, torture is hardly the traditional method of turning a double agent. 

What you find instead are accounts that explicitly reject Roberts’s innuendo. Colonel Robin “Tin-Eye” Stephens who ran the interrogation center that turned these German spies into double agents for the same Operation Fortitude banned violence saying:

Never strike a man. It is unintelligent, for the spy will give an answer to please, an answer to escape punishment.

Stephens was manipulative – and held the threat of lawful execution over the German spies’ heads – but he understood that it was idiotic to torture them for information. Roberts gives no source for his rejection of the historical facts – but instead accuses those who accept them of being “profoundly naïve.”

Still – even if we are to grant Roberts his premise – that these agents were recruited as doubles by means of torture – his story still wouldn’t demonstrate that torture was “regularly used by the Allies” or capable of getting accurate “information about enemy capabilities and intentions.”

The story Roberts tells – if anything – undermines the idea of torture as an interrogation tool. Time and again – even in Roberts telling – history demonstrates that torture is an exceptionally effective tool to break an individual, to get them to confess to something regardless of it’s truth. Unfortunately, it is substantially documented that our intelligence agencies adopted a program of torture without knowing it’s history. What is almost inexplicable is how an historian such as Roberts can today still try to justify this program when the history of the methods used has been dragged out into the open.

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Quote of the Day

I’ll put it to you this way: You give me a waterboard, Dick Cheney and one hour, and I’ll have him confess to the Sharon Tate murders.

Former Governor Jesse Ventura explaining how effective torture is…at some things…

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National Security The Bush Legacy The Opinionsphere The War on Terrorism

Ali Soufan Goes to Washington

[digg-reddit-me]I’ve written about FBI interrogator and one-time undercover agent in Al Qaeda, Ali Soufan, several times on this blog (here and here) – including in my first post that got some traction comparing the interrogations of Ibn al-Libi and Abu Zandel. Since Obama took office – as memos have been declassified, Soufan has been finally able to speak out about his experiences interrogating Al Qaeda members – as in the past few weeks he wrote an op-ed piece for the New York Times and was interviewed by Michael Isikoff of Newsweek. Today, he is testifying before the Senate on American torture. I haven’t seen his actual appearance, but his written statement is a powerful piece which describes both why torture should not be done – and tells the story of how America took the fateful step. 

As this is a public statement, I am reproducing it in full here:

Ali Soufan’s Written Statement to the Senate

Mr. Chairman, Committee members, thank you for inviting me to appear before you today. I know that each one of you cares deeply about our nation’s security. It was always a comfort to me during the most dangerous of situations that I faced, from going undercover as an al Qaeda operative, to unraveling terrorist cells, to tracking down the killers of the 17 U.S. sailors murdered in the USS Cole bombing, that those of us on the frontline had your support and the backing of the American people. So I thank you. 

The issue that I am here to discuss today – interrogation methods used to question terrorists – is not, and should not be, a partisan matter. We all share a commitment to using the best interrogation method possible that serves our national security interests and fits squarely within the framework of our nation’s principles. 

From my experience – and I speak as someone who has personally interrogated many terrorists and elicited important actionable intelligence– I strongly believe that it is a mistake to use what has become known as the “enhanced interrogation techniques,” a position shared by many professional operatives, including the CIA officers who were present at the initial phases of the Abu Zubaydah interrogation. 

These techniques, from an operational perspective, are ineffective, slow and unreliable, and as a result harmful to our efforts to defeat al Qaeda. (This is aside from the important additional considerations that they are un-American and harmful to our reputation and cause.) 
My interest in speaking about this issue is not to advocate the prosecution of anyone. People were given misinformation, half-truths, and false claims of successes; and reluctant intelligence officers were given instructions and assurances from higher authorities. Examining a past we cannot change is only worthwhile when it helps guide us towards claiming a better future that is yet within our reach. 

And my focus is on the future. I wish to do my part to ensure that we never again use these harmful, slow, ineffective, and unreliable techniques instead of the tried, tested, and successful ones – the ones that are also in sync with our values and moral character. Only by doing this will we defeat the terrorists as effectively and quickly as possible. 

Most of my professional career has been spent investigating, studying, and interrogating terrorists. I have had the privilege of working alongside, and learning from, some of the most dedicated and talented men and women our nation has– individuals from the FBI, and other law enforcement, military, and intelligence agencies. 

In my capacity as a FBI Agent, I investigated and supervised highly sensitive and complex international terrorism cases, including the East Africa bombings, the USS Cole bombing, and the events surrounding the attacks of 9/11. I also coordinated both domestic and international counter-terrorism operations on the Joint Terrorist Task Force, FBI New York Office. 

I personally interrogated many terrorists we have in our custody and elsewhere, and gained confessions, identified terror operatives, their funding, details of potential plots, and information on how al Qaeda operates, along with other actionable intelligence. Because of these successes, I was the government’s main witness in both of the trials we have had so far in Guantanamo Bay – the trial of Salim Ahmed Hamdan, a driver and bodyguard for Osama Bin Laden, and Ali Hamza Al Bahlul, Bin Laden’s propagandist. In addition I am currently helping the prosecution prepare for upcoming trials of other detainees held in Guantanamo Bay. 

There are many examples of successful interrogations of terrorists that have taken place before and after 9/11. Many of them are classified, but one that is already public and mirrors the other cases, is the interrogation of al Qaeda terrorist Nasser Ahmad Nasser al-Bahri, known as Abu Jandal. In the immediate aftermath of 9/11, together with my partner Special Agent Robert McFadden, a first-class intelligence operative from the Naval Criminal Investigative Service (NCIS), (which, from my experience, is one of the classiest agencies I encountered in the intelligence community), I interrogated Abu Jandal. 
Through our interrogation, which was done completely by the book (including advising him of his rights), we obtained a treasure trove of highly significant actionable intelligence. For example, Abu Jandal gave us extensive information on Osama Bin Laden’s terror network, structure, leadership, membership, security details, facilities, family, communication methods, travels, training, ammunitions, and weaponry, including a breakdown of what machine guns, rifles, rocket launchers, and anti-tank missiles they used. He also provided explicit details of the 9/11plot operatives, and identified many terrorists who we later successfully apprehended. 

The information was important for the preparation of the war in Afghanistan in 2001. It also provided an important background to the 9/11 Commission report; it provided a foundation for the trials so far held in Guantanamo Bay; and it also has been invaluable in helping to capture and identify top al Qaeda operatives and thus disrupt plots. 

The approach used in these successful interrogations can be called the Informed Interrogation Approach. Until the introduction of the “enhanced” technique, it was the sole approach used by our military, intelligence, and law enforcement community. 

It is an approach rooted in experiences and lessons learned during World War II and from our Counter-insurgency experience in Vietnam – experiences and lessons that generated the Army Field Manual. This was then refined over the decades to include how to interrogate terrorism suspects specifically, as experience was gained from interrogations following the first World Trade Center bombing, the East Africa Embassy bombings, and the USS Cole bombing. To sum up, it is an approach derived from the cumulative experiences, wisdom, and successes of the most effective operational people our country has produced. 

Before I joined the Bureau, for example, traditional investigative strategies along with intelligence derived from human sources successfully thwarted the 1993 New York City Landmark Bomb Plot (TERRSTOP), a plot by the Blind Sheikh Omar Abdel-Rahman, to attack the UN Headquarters, the FBI’s New York office, and tunnels and bridges across New York City, — as a follow-up to the 1993 World Trade Center bombings. That remains to this day the largest thwarted attack on our homeland. I had the privilege of working with, and learning from, those who conducted this successful operation. 

The Informed Interrogation Approach is based on leveraging our knowledge of the detainee’s culture and mindset, together with using information we already know about him. 

The interrogator knows that there are three primary points of influence on the detainee: 

First, there is the fear that the detainee feels as a result of his capture and isolation from his support base. People crave human contact, and this is especially true in some cultures more than others. The interrogator turns this knowledge into an advantage by becoming the one person the detainee can talk to and who listens to what he has to say, and uses this to encourage the detainee to open up. 

In addition, acting in a non-threatening way isn’t how the detainee is trained to expect a U.S. interrogator to act. This adds to the detainee’s confusion and makes him more likely to cooperate. 

Second, and connected, there is the need the detainee feels to sustain a position of respect and value to interrogator. As the interrogator is the one person speaking to and listening to the detainee, a relationship is built – and the detainee doesn’t want to jeopardize it. The interrogator capitalizes on this and compels the detainee to give up more information. 

And third, there is the impression the detainee has of the evidence against him. The interrogator has to do his or her homework and become an expert in every detail known to the intelligence community about the detainee. The interrogator then uses that knowledge to impress upon the detainee that everything about him is known and that any lie will be easily caught. 

For example, in my first interrogation of the terrorist Abu Zubaydah, who had strong links to al Qaeda’s leaders and who knew the details of the 9/11 plot before it happened, I asked him his name. He replied with his alias. I then asked him, “how about if I call you Hani?” That was the name his mother nicknamed him as a child. He looked at me in shock, said “ok,” and we started talking. 

The Army Field Manual is not about being nice or soft. It is a knowledge-based approach. It is about outwitting the detainee by using a combination of interpersonal, cognitive, and emotional strategies to get the information needed. If done correctly it’s an approach that works quickly and effectively because it outwits the detainee using a method that he is not trained, or able, to resist. 

This Informed Interrogation Approach is in sharp contrast with the harsh interrogation approach introduced by outside contractors and forced upon CIA officials to use. 

The harsh technique method doesn’t use the knowledge we have of the detainee’s history, mindset, vulnerabilities, or culture, and instead tries to subjugate the detainee into submission through humiliation and cruelty. The approach applies a force continuum, each time using harsher and harsher techniques until the detainee submits. 

The idea behind the technique is to force the detainee to see the interrogator as the master who controls his pain. It is an exercise in trying to gain compliance rather than eliciting cooperation. A theoretical application of this technique is a situation where the detainee is stripped naked and told: “Tell us what you know.” 

If the detainee doesn’t immediately respond by giving information, for example he asks: “what do you want to know?” the interviewer will reply: “you know,” and walk out of the interrogation room. Then the next step on the force continuum is introduced, for example sleep deprivation, and the process will continue until the detainee’s will is broken and he automatically gives up all information he is presumed to know. 

There are many problems with this technique. 

A major problem is that it is ineffective. Al Qaeda terrorists are trained to resist torture. As shocking as these techniques are to us, the al Qaeda training prepares them for much worse – the torture they would expect to receive if caught by dictatorships for example. 

This is why, as we see from the recently released Department of Justice memos on interrogation, the contractors had to keep getting authorization to use harsher and harsher methods, until they reached waterboarding and then there was nothing they could do but use that technique again and again. Abu Zubaydah had to be waterboarded 83 times and Khalid Shaikh Mohammed 183 times. In a democracy there is a glass ceiling of harsh techniques the interrogator cannot breach, and a detainee can eventually call the interrogator’s bluff. 

In addition the harsh techniques only serves to reinforce what the detainee has been prepared to expect if captured. This gives him a greater sense of control and predictability about his experience, and strengthens his will to resist. 

A second major problem with this technique is that evidence gained from it is unreliable. There is no way to know whether the detainee is being truthful, or just speaking to either mitigate his discomfort or to deliberately provide false information. As the interrogator isn’t an expert on the detainee or the subject matter, nor has he spent time going over the details of the case, the interrogator cannot easily know if the detainee is telling the truth. This unfortunately has happened and we have had problems ranging from agents chasing false leads to the disastrous case of Ibn Sheikh al-Libby who gave false information on Iraq, al Qaeda, and WMD. 

A third major problem with this technique is that it is slow. It takes place over a long period of time, for example preventing the detainee from sleeping for 180 hours as the memos detail, or waterboarding 183 times in the case of KSM. When we have an alleged “ticking timebomb” scenario and need to get information quickly, we can’t afford to wait that long. 

A fourth problem with this technique is that ignores the end game. In our country we have due process, which requires evidence to be collected in a certain way. The CIA, because of the sensitivity of its operations, by necessity, operates secretly. These two factors mean that by putting the CIA in charge of interrogations, either secrecy is sacrificed for justice and the CIA’s operations are hampered, or justice is not served. Neither is a desirable outcome. 

Another disastrous consequence of the use of the harsh techniques was that it reintroduced the “Chinese Wall” between the CIA and FBI – similar to the wall that prevented us from working together to stop 9/11. In addition, the FBI and the CIA officers on the ground during the Abu Zubaydah interrogation were working together closely and effectively, until the contractors’ interferences. Because we in the FBI would not be a part of the harsh techniques, the agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine, for example, who had tracked KSM and knew more about him than anyone in the government, was not allowed to speak to him. 

Furthermore, the CIA specializes in collecting, analyzing, and interpreting intelligence. The FBI, on the other hand, has a trained investigative branch. Until that point, we were complimenting each other’s expertise, until the imposition of the “enhanced methods.” As a result people ended doing what they were not trained to do. 

It is also important to realize that those behind this technique are outside contractors with no expertise in intelligence operations, investigations, terrorism, or al Qaeda. Nor did the contractors have any experience in the art of interview and interrogation. One of the contractors told me this at the time, and this lack of experience has also now been recently reported on by sources familiar with their backgrounds. 

The case of the terrorist Abu Zubaydah is a good example of where the success of the Informed Interrogation Approach can be contrasted with the failure of the harsh technique approach. I have to restrict my remarks to what has been unclassified. (I will note that there is documented evidence supporting everything I will tell you today.) 

Immediately after Abu Zubaydah was captured, a fellow FBI agent and I were flown to meet him at an undisclosed location. We were both very familiar with Abu Zubaydah and have successfully interrogated al-Qaeda terrorists. We started interrogating him, supported by CIA officials who were stationed at the location, and within the first hour of the interrogation, using the Informed Interrogation Approach, we gained important actionable intelligence. 

The information was so important that, as I later learned from open sources, it went to CIA Director George Tennet who was so impressed that he initially ordered us to be congratulated. That was apparently quickly withdrawn as soon as Mr. Tennet was told that it was FBI agents, who were responsible. He then immediately ordered a CIA CTC interrogation team to leave DC and head to the location to take over from us.

During his capture Abu Zubaydah had been injured. After seeing the extent of his injuries, the CIA medical team supporting us decided they were not equipped to treat him and we had to take him to a hospital or he would die. At the hospital, we continued our questioning as much as possible, while taking into account his medical condition and the need to know all information he might have on existing threats. 

We were once again very successful and elicited information regarding the role of KSM as the mastermind of the 9/11 attacks, and lots of other information that remains classified. (It is important to remember that before this we had no idea of KSM’s role in 9/11 or his importance in the al Qaeda leadership structure.) All this happened before the CTC team arrived. 

A few days after we started questioning Abu Zubaydah, the CTC interrogation team finally arrived from DC with a contractor who was instructing them on how they should conduct the interrogations, and we were removed. Immediately, on the instructions of the contractor, harsh techniques were introduced, starting with nudity. (The harsher techniques mentioned in the memos were not introduced or even discussed at this point.) 

The new techniques did not produce results as Abu Zubaydah shut down and stopped talking. At that time nudity and low-level sleep deprivation (between 24 and 48 hours) was being used. After a few days of getting no information, and after repeated inquiries from DC asking why all of sudden no information was being transmitted (when before there had been a steady stream), we again were given control of the interrogation. 

We then returned to using the Informed Interrogation Approach. Within a few hours, Abu Zubaydah again started talking and gave us important actionable intelligence. 

This included the details of Jose Padilla, the so-called “dirty bomber.” To remind you of how important this information was viewed at the time, the then-Attorney General, John Ashcroft, held a press conference from Moscow to discuss the news. Other important actionable intelligence was also gained that remains classified. 

After a few days, the contractor attempted to once again try his untested theory and he started to re-implementing the harsh techniques. He moved this time further along the force continuum, introducing loud noise and then temperature manipulation. 

Throughout this time, my fellow FBI agent and I, along with a top CIA interrogator who was working with us, protested, but we were overruled. I should also note that another colleague, an operational psychologist for the CIA, had left the location because he objected to what was being done. 

Again, however, the technique wasn’t working and Abu Zubaydah wasn’t revealing any information, so we were once again brought back in to interrogate him. We found it harder to reengage him this time, because of how the techniques had affected him, but eventually, we succeeded, and he re-engaged again. 

Once again the contractor insisted on stepping up the notches of his experiment, and this time he requested the authorization to place Abu Zubaydah in a confinement box, as the next stage in the force continuum. While everything I saw to this point were nowhere near the severity later listed in the memos, the evolution of the contractor’s theory, along with what I had seen till then, struck me as “borderline torture.” 

As the Department of Justice IG report released last year states, I protested to my superiors in the FBI and refused to be a part of what was happening. The Director of the FBI, Robert Mueller, a man I deeply respect, agreed passing the message that “we don’t do that,” and I was pulled out. 

As you can see from this timeline, many of the claims made in the memos about the success of the enhanced techniques are inaccurate. For example, it is untrue to claim Abu Zubaydah wasn’t cooperating before August 1, 2002. The truth is that we got actionable intelligence from him in the first hour of interrogating him. 

In addition, simply by putting together dates cited in the memos with claims made, falsehoods are obvious. For example, it has been claimed that waterboarding got Abu Zubaydah to give up information leading to the capture of Jose Padilla. But that doesn’t add up: Waterboarding wasn’t approved until 1August 2002 (verbally it was authorized around mid July 2002), and Padilla was arrested in May 2002. 

The same goes for KSM’s involvement in 9/11: That was discovered in April 2002, while waterboarding was not introduced until almost three months later. It speaks volumes that the quoted instances of harsh interrogation methods being a success are false. 

Nor can it be said that the harsh techniques were effective, which is why we had to be called back in repeatedly. As we know from the memos, the techniques that were apparently introduced after I left did not appear to work either, which is why the memos granted authorization for harsher techniques. That continued for several months right till waterboarding was introduced, which had to be used 83 times – an indication that Abu Zubaydah had called the interrogator’s bluff knowing the glass ceiling that existed. 

Authoritative CIA, FBI, and military sources have also questioned the claims made by the advocates of the techniques. For example, in one of the recently released Justice Department memos, the author, Stephen Bradbury, acknowledged a (still classified) internal CIA Inspector General report that had found it “difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks.” 

In summary, the Informed Interrogation Approach outlined in the Army Field Manual is the most effective, reliable, and speedy approach we have for interrogating terrorists. It is legal and has worked time and again.

It was a mistake to abandon it in favor of harsh interrogation methods that are harmful, shameful, slower, unreliable, ineffective, and play directly into the enemy’s handbook. It was a mistake to abandon an approach that was working and naively replace it with an untested method. It was a mistake to abandon an approach that is based on the cumulative wisdom and successful tradition of our military, intelligence, and law enforcement community, in favor of techniques advocated by contractors with no relevant experience. 

The mistake was so costly precisely because the situation was, and remains, too risky to allow someone to experiment with amateurish, Hollywood style interrogation methods- that in reality- taints sources, risks outcomes, ignores the end game, and diminishes our moral high ground in a battle that is impossible to win without first capturing the hearts and minds around the world. It was one of the worst and most harmful decisions made in our efforts against al Qaeda. 

For the last seven years, it was not easy objecting to these methods when they had powerful backers. I stood up then for the same reason I’m willing to take on critics now, because I took an oath swearing to protect this great nation. I could not stand by quietly while our country’s safety was endangered and our moral standing damaged. 

I know you are motivated by the same considerations, and I hope you help ensure that these grave mistakes are never made again. 

Thank you.

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Dramatizing the Ticking Time Bomb Scenario

Tom Tomorrow has it.

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Fox News uses Nazi propaganda to defend torture, attack Obama

[digg-reddit-me]As a preview to this Keith Olberman video, here’s quick review of the background on this: Andrew Sullivan wrote a post comparing the adopted hero of the right-wing, Winston Churchill, and current creature of the right-wing, Dick Cheney – specifically on the issue of torture. Sullivan explained that Churchill refused to torture German prisoners even with Britain being bombed daily by the Germans. He cited one of Britain’s chief interrogators during World War II on torture:

[He] did not eschew torture out of mercy. This was no squishy liberal: the eye was made of tin, and the rest of him out of tungsten. (Indeed, he was disappointed that only 16 spies were executed during the war.) His motives were strictly practical. “Never strike a man. It is unintelligent, for the spy will give an answer to please, an answer to escape punishment. And having given a false answer, all else depends upon the false premise.”…

Barack Obama then cited Churchill’s refusal to torture during a press conference – and aides later confirmed he reads Andrew Sullivan’s blog and had come across this information shortly before he brought it up at the press conference.

Immediately, the right-wing press began to try to reclaim Churchill as their hero re-branding him as a torturer and war criminal.

Take it away, Keith…

Continue reading “Fox News uses Nazi propaganda to defend torture, attack Obama”
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Must-Reads of the Week

1. Inhuman. Andrew Sullivan, who has been one of the most insightful commenators on torture, discusses the term “inhuman”:

It’s odd, isn’t it, that we use this word to describe abuse and torture of prisoners. The reason it’s odd is that I’m not sure any animals torture. Yes, they can kill and maim and inflict dreadful suffering in the process of killing, eating or fighting. But the act of intentionally exploiting suffering, of lingering over some other being’s pain – using it as a means to an end – is not an animal instinct, unless I’m mistaken.

And so torture is in fact extremely human; it represents in many ways humankind’s unique capacity for cruelty.

2. 30 Rock. Jonah Weiner discusses 30 Rock’s odd conservative streak at Slate. The explanations he posits for this conservatism are perhaps beside the point, but interesting nonetheless:

Of course, 30 Rock was conceived during the reign of George W. Bush, which might help explain its ideological complexity. The show has been consistently critical of Bush, but perhaps 30 Rock began as a way to explore—and mine for gallows humor—the crisis of identity many liberals began to feel in his second term, when the Karl Rove playbook had seemingly replaced the laws of physics, when the “reality-based community” (including Liz Lemon’s Upper West Side) felt like an island populated by the marginal, flip-flopping, arugula-munching few.

3. Animal Spirits. Chrystia Freeland writes for the Financial Times that the Obama team seems to have accepted the premise of a recent book by behavioral economists about economic crises:

Judging by the upbeat economic message we have been hearing from the White House, the Treasury and even the Federal Reserve over the past six weeks, that is a shrewd guess. The authors argue that “we will never really understand important economic events unless we confront the fact that their causes are largely mental in nature”. Our “ideas and feelings” about the economy are not purely a rational reaction to data and experience; they themselves are an important driver of economic growth – and decline.

4. A Taliban Strategist Speaks. To The New York Times. Perhaps the most interesting article I have read about the Taliban’s plans in the Af-Pak region – though I have to wonder why this man would be speaking to a Western newspaper about the Taliban’s strategy. That said, you can judge the article for yourself. I pass it on as it seemed plausible to me:

One Pakistani logistics tactician for the Taliban, a 28-year-old from the country’s tribal areas, in interviews with The New York Times, described a Taliban strategy that relied on free movement over the border and in and around Pakistan, ready recruitment of Pakistani men and sustained cooperation of sympathetic Afghan villagers.

His account provided a keyhole view of the opponent the Americans and their NATO allies are up against, as well as the workings and ambitions of the Taliban as they prepared to meet the influx of American troops.

It also illustrated how the Pakistani Taliban, an umbrella group of many brands of jihadist fighters backed by Al Qaeda, are spearheading wars on both sides of the border in what for them is a seamless conflict.

5. Fool’s Gold. This one is actually a must-listen podcast of a talk given at the London School of Economics. Gillian Tett is a journalist for the Financial Times who recently wrote a book about the financial crisis and what led to it from her view as someone with a background in anthropology reporting who was reporting on derivratives before it was an exciting beat.

Bonus: Polar Insanity. Tim Wu writes in Slate about the perplexing desire of so many people – including himself –  to make the expensive trips to the polar regions:

Every so often, an iceberg floats by that is grander and more beautiful than any cathedral, though it lacks any history or even a name. What’s almost as shocking as its appearance is its anonymity: beauty untainted by fame. Most of these perfect objects will never be seen by human eyes. They float around and slowly melt by themselves, unappreciated and utterly indifferent to that fact.

Unnamed, plentiful beauty feels unearthly and almost decadent, like Sinbad the Sailor’s cave. It is alien to the typical human experience of finding everything we really desire to be scarce, expensive, or behind some temple curtain. It has always struck me that no one bothers to build museums in places of extreme natural beauty, and in Antarctica the effect is magnified. If an iceberg the size of Manhattan showed up outside town one day, why would you bother going to an art exhibit?

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Criticism Law National Security Politics The Opinionsphere The War on Terrorism

The Amnesia of the Right

Hilzoy (h/t Andrew Sullivan):

Something about 9/11 seems to have produced a kind of amnesia among some people on the right. It’s as though they think that we have never before had to figure out such questions as: how can we hold dangerous people in detention safely? When someone has served his time and we think he might go on to do something bad, how might we monitor him to ensure that he doesn’t? Suppose we have captured someone who might be guilty of a violent crime, but we do not have enough evidence to charge him: what should we do? 

These are not problems that we confronted for the first time after 9/11. They have been with us from the founding of our country. We somehow managed to face down the world’s most powerful empire, survive a brutal civil war, defeat Hitler, and live for about forty years with an immense arsenal of thermonuclear weapons pointed at our cities, and do all that without giving up on the rule of law. But let nineteen guys with boxcutters fly planes into our buildings and, apparently, we face a Brand New Existential Threat that causes our entire legal history to fly out of our collective heads.

Amen.

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Barack Obama Criticism Law National Security Politics The Bush Legacy The Opinionsphere The War on Terrorism

Andrew C. McCarthy’s Self-Righteous Sophistry

[digg-reddit-me]Andrew C. McCarthy was a prosecutor on a few terrorism-related cases back in the 1990s. But it wasn’t until after September 11, 2001 that he found his true calling – writing opinion pieces for the National Review and Commentary. As a prosecutor, McCarthy had to go through that exhausting process of finding evidence to back up his case – and use that evidence to convince a skeptical audience that his case was right. As an opinion writer for two right-wing publications, McCarthy is free from both constraints as he preaches to the converted. McCarthy – who previously had a career as a criminal prosecutor – now uses this background to give him added credibility when discussing the two issues he cares most about: detainee policy in the War on Terrorism and torture. This is a man who said of McCain’s Anti-Torture legislation that it was “two parts grandstanding and one part suicide” and declared that McCain by supporting it, had “no business serving in a government whose first obligation is the security of the governed.” Of course, McCarthy found it necessary to support McCain over Obama in 2008 – because Obama was “disqualified” from office because of his ties to America-hating leftists – and because his policies were even more suicidal(!) than McCain’s. Yet, even so, over McCarthy’s strongly worded objections, America elected Obama.

You’ll never guess what happened next. Obama – being the partisan, leftist, America-hating, suicidal guy that he is – invited Andrew C. McCarthy to be part of a panel that advised him on the issue which McCarthy had been most vocal – the detention and torture of suspected terrorists. McCarthy, of course, would have none of it – and declined to join the force – taking the unusual step of releasing his letter of declination to the press and writing about it in an opinion piece in the National Review. 

All’s fair in love and politics – you might say. But it’s clear McCarthy has gone soft from years of presenting his arguments to those already agree with him.

Let’s look at a few of the premises to McCarthy’s piece:

Obama’s Bad Faith. McCarthy knows that Obama – in instructing the Justice Department to determine if any laws had been broken in instituting the torture policy of the Bush administration is acting in bad faith.

“[Obama] has unleashed his Justice Department to criminalize political disputes after claiming for weeks that he did not want to do this. And the president is being a bully about it…Any experienced prosecutor would know there is no criminal case here.” And what nefarious purpose does Obama have for bullying such upstanding citizens? ” McCarthy explains Obama’s prime motivation: “To satisfy his antiwar base and to put paid to commitments offered by his top campaign advisers.”

Obama’s Bad Faith (II). McCarthy also knows that Obama is acting in bad faith in creating this task force to advise him.

McCarthy clearly has divined Obama’s intentions as he declares that “the exercise known as the ‘President’s Detention Policy Task Force’ is a farce. The administration has already settled on a detainee policy: It is simply going to release trained jihadists.”

Bush’s Good Faith. Because McCarthy is so good at divining the intentions of people in the news, he also knows that the legal advisors to the Bush administration – including those who issued binding legal opinions for the Office of Legal Counsel at the Justice Department – were acting in good faith when they issued opinions in contravention of every precedent in American history.

“Former Justice Department attorneys John Yoo (now a law professor at Berkeley) and Jay Bybee (now a federal appeals-court judge in California), as well as other government attorneys, were asked during the emergency conditions that followed the 9/11 attacks to advise Bush administration policymakers on U.S. interrogation law. They did that in good faith and, despite the fact that it’s now de rigueur to castigate them, quite reasonably…Bad legal advice given in good faith is not an ethical violation.”

McCarthy doesn’t explain why he knows these men were acting within the legal definition of “good faith.” And for what it’s worth, Jack Goldsmith, a Republican who replaced Jay Bybee, one of the lawyers McCarthy is defending, as head of the Office of Legal Counsel, wrote of the torture memos that they were designed with the purpose of providing a “golden shield” to the interrogators, had “no foundation in prior OLC opinions, or injudicial decisions, or in any other source of law” and were deliberataly biased. That sounds like an acknowledgment of bad faith to me.

Criminalizing Advice. McCarthy – being an expert in national security law apparently – also knows that while the Office of Legal Counsel’s binding legal opinions “are controlling on questions of law within the Executive Branch” [pdf], they are also no different from any advice any lawyer gives. 

That’s why “If the Holder Justice Department decides your good-faith advice promoted what it considers illegal activity, you could face criminal prosecution or ruinous ethical charges.”

Criminalizing Policy Disputes. McCarthy also apparently believes that if an administration sets a policy that is criminal, no one should be held responsible. So, now that it is clear that war crimes were committed – and that any nation in the world can now prosecute those American officials responsible thanks to Ronald Reagan’s Convention Against Torture. The only way to prevent other nations from bringing up Americans on charges of war crimes is to have our own investigation. McCarthy sees all this – yet maintains that instituting a policy of torture is a mere policy decision. Would McCarthy continue to hold this position if the war crime were genocide instead? If the Office of Legal Counsel declared genocide legal, the president ordered it be done, and other carried it out – would it still be a policy dispute that shouldn’t be criminalized? McCarthy’s point about not prosecuting torture only holds then if you first buy his declaration that “torture” isn’t illegal – or at least it shouldn’t be.

Mitigating Circumstances. Despite the fact that these lawyers provided advice that McCarthy still considers sound and McCarthy testifies were acting on good faith, McCarthy still wishes to qualify that these men gave these opinions in “wartime service to the country” under “the emergency conditions that followed the 9/11 attacks.” These facts don’t matter if you believe as McCarthy does that we should still agree with them now – but by bringing them up, the indicate, perhaps a single humanizing glimmer of doubt.

A few odds and ends.

The Uighurs. McCarthy speaks of how Obama is preparing to unleash the Uighurs who are “trained jihadists” who, once released, will be “plotting to menace and murder us” onto American soil! For those ignorant of the plight of the Uighurs, this can sound quite alarming. The facts are a bit less so. The Uighurs have been cleared of any charges as of five years ago, and it was declared that they “pose no terrorist threat” and have “not [been] charged with fighting or plotting against the United States.” Which brings us to the question: Why haven’t we repatriated them to their home country as the Bush administration did with hundreds of detainees? Because they are Chinese seperatists who China has vowed to execute if they return. Why not to a outside state? Because China has made threats against any nation that accepts them. (Albania accepted some of the Uighurs a few years ago – and since has faced threats from China.) McCarthy though – knowing the facts – decides to obfuscate all these “technicalities” – so he can focus on the core “truth” – that Obama wants to unleash trained jihadists in your neighborhood!

The standards of justice. Finally, is a throwaway point McCarthy makes as he concludes his feat of sophistry. He blames Obama for the fact that he has “no plan for what to do about the terrorists there, many of whom cannot be tried under the standards of the civilian justice system.” Those with critical faculties might wonder – why is it that these terrorists can’t be tried in a manner consistent with American traditions of justice? McCarthy himself prosecuted terrorists – and wannabe terrorists – it’s his claim to fame. So why can’t these men who participated in a far worse crime be tried now?

And here we return to the beginning – because our justice system has accepted the long-held truth – that confessions tainted by torture are likely to be untrue – and so are ignored. Thus, these men who attacked America – who killed Americans – who McCarthy is opposed to – can never be brought to justice according to our traditions.

McCarthy does have some good advice for the man he considers unfit for public office – a leftist, America-hating, dangerous man who is aiding our enemy. McCarthy advises Obama: “We can arrive at a sound policy, or not, without demonizing our adversaries as crooks and cads.”

Perhaps – but you can’t write for the National Review with that attitude these days.

Categories
Morality National Security Politics The Bush Legacy The War on Terrorism

Why Should I Care If a Terrorist Was Tortured?

[digg-reddit-me]Because torture has played an insignificant role in American life until recently – and it’s recent history is still somewhat shrouded in secrecy – the best arguments for and against torture are abstract. The two sides of the debate tend to be simplified as these two competing scenarios:

[Interior establishing shot] Jack Bauer approaches terrorist with an menacing grimace on his face.

BAUER: Tell me where the ticking time bomb that will destroy a major American city is!

TERRORIST: Never!

BAUER: (plunges a pen into the terrorist’s knee) Tell me!

TERRORIST: 415 Main Street, hidden in the basement under a tarp!

And on the other hand, there’s Shep Smith on Fox News:

The arguments over whether or not we torture or whether or not it is effective are secondary. The simple question to ask when we want to determine what is and is not torture is, “What would we call the methods being used if they were being done by our enemies to our soldiers?” If we would call it torture then, it is torture when we do it as well. Questions of effectiveness are more complex – but in short, it seems that torture works very well – for some things. It’s effectiveness as a truth serum though does not seem high.

The heart of this debate though is not whether or not terrorism is effective – or whether or not we tortured – but:

Why should I care what was done to some evil fuck like Khalid Sheikh Mohammad who wants to kill me and killed thousands of Americans on September 11?

The main motivator of people’s opposition to government action is because they can see it might happen to them. 

Why did students oppose the draft? Because it might happen to them. Why are citizens outraged over raising taxes? Because it will happen to them. Why are people concerned about the Kelo decision? Because their homes might be taken from them. Normally, a state will try to counter these concerns by ensuring that there is a fair and transparent process in place to prevent arbitrary actions by the government – in other words, to ensure that the law protects individuals. But national security, under the Bush administration, was a lawless zone. The president maintained he had the power to declare anyone a terrorist, imprison them without trial forever, and torture them. He managed to do this without raising an outcry, without raising concerns that he might be coming after your family next because he did most of it in secret and because the people he went after were foreign, Muslim, Arab – in other words alien to most Americans. It was harder then for many Americans – who did not have any Muslims or Arabs in their family – to identify with the Others being tortured even if they were later found to be innoccent of any crime and released. This is certainly a failure of empathy – and a failure of Christian values – on the part of many Americans. 

But even so, we should care if our government is torturing people – even if it only is torturing people it suspects of being terrorists. Here’s four reasons why you should care:

  • Because it might be you next. 
    Yes –     the detainees seem different – but they always seem different at first. Once the government expands its powers to torture and arbitrary arrest of a group of people suspected of one crime, it quickly expands from there. Anti-terrorism statutes – though not as far as we know torture – have already been used against anti-war groups and teenagers writing violent fantasies. 
  • Because it corrupts.
    What a government does shapes the type of government it is and the society. This is the basis for much of our politics – and the reason conservatives are so concerned about irresponsible government spending for example. We can see how torture corrupted our national security apparatus – how it infected it like a virus. Some of our top national security officials may be indicted as war criminals as a result of Ronald Reagan’s Convention Against Torture. False confessions are the inevitable result of torture – which is why our legal system, in the interests of justice, does not accept any evidence tainted by torture. This raises all sorts of issues relating to the perpetrators of September 11. We may never be able to bring them to justice given our laws. (This is one of the primary motivations behind Spain’s Judge Garzon’s attempt to go after torturers in America.) At the same time, information elicited by torture led our intelligence agencies to believe that Al Qaeda and Saddam Hussein were working together – and that Saddam was preparing to share his weapons of mass destruction with them. This information has all been proved to be false. So, our justice system and our national security apparatus are now in a bind as a result of these corruptions.
  • Because it is immoral and was done in your name.
    I am of the opinion that much of morality is really the passed-on wisdom of our foreparents – the not always obvious principles that allowed them to thrive over generations. In this way, the fact that torture is immoral has much to do with the way in which it corrupts. 
  • Because it matters whether government officials follow the law.
    Without the constraints of law, the power of the government is near absolute – and the government itself can easily become a far greater threat to the American way of life than the terrorists. A people will never remain free if it preemptively surrenders its liberties out of fear.

One thing that has historically separated America from our enemies is that we were the ones who did not torture. The British tortured American prisoners – but General Washington refused to allow the torture of the British prisoners; when American soldiers were accused of torturing Filipinos during the brutal insurgency campaign during Teddy Roosevelt’s term in office, Roosevelt himself made sure that the crimes were not covered up and the men accused were tried for their crimes. The Communists and the Nazis were known to torture – but America did not – and because of this, when the American army was marching through Germany in the final days of World War II, the German army fled to us so they could surrender to ours. When Ronald Reagan sought to demonstrate to the world our moral superiority over the Soviet Union, he pushed through the United Nations Ban on Torture. There is a wisdom in this history – a wisdom passed down through generations of Americans – that held that there is something about America that does not allow it to condone torture. That is why Captain Ian Fishback wrote that he was not willing to torture because he was not willing “to give up even the smallest piece of the idea that is America.” It is why Senator John McCain proclaimed on the floor of the Senate that while our enemies do not deserve mercy, “This is not about them. This is about us.” 

I would be glad if something awful and painful befell the terrorists who wish us harm. But we do not deserve to become a country that does that. As a country, we are not judged by our faith alone – but by how we act. We have now seen the corruption of our national security apparatus by a rather controlled and minimized authorization of torture.

So, why should anyone care that we tortured some evil fuck?

Because by doing so we are endangering our way of life – the foundational principles and institutions that create our fragile system of democracy and checks and balances and laws constraining even the president him or herself.

Categories
Foreign Policy History National Security Pakistan Politics Reflections The Bush Legacy The Opinionsphere The War on Terrorism The Web and Technology War on Drugs

Homo Blogicus, Pup, Pakistan, Torture, Marijuana, and the Revenge of Geography

[digg-reddit-me]I’m going to start creating a list of best reads for the week every Friday – picking between 5 and 10 articles or blog posts that are well worth reading in their entirety.

  1. Christopher Buckley writes a very personal essay for the New York Times, adapted from his soon to be published memoir, about growing up as the son of the famous Mr. and Mrs. William F. Buckley (“Pup” and “Mum”). Truly moving, surprising, honest and earnest. An excerpt:

    I’d brought with me a pocket copy of the book of Ecclesiastes. A line in “Moby-Dick” lodged in my mind long ago: “The truest of all men was the Man of Sorrows, and the truest of all books is Solomon’s, and Ecclesiastes is the fine hammered steel of woe.” I grabbed it off my bookshelf on the way here, figuring that a little fine-hammered steel would probably be a good thing to have on this trip. I’m no longer a believer, but I haven’t quite reached the point of reading aloud from Christopher Hitchens’s “God Is Not Great” at deathbeds of loved ones.

    Soon after, a doctor came in to remove the respirator. It was quiet and peaceful in the room, just pings and blips from the monitor. I stroked her hair and said, the words coming out of nowhere, surprising me, “I forgive you.”

    It sounded, even at the time, like a terribly presumptuous statement. But it needed to be said. She would never have asked for forgiveness herself, even in extremis. She was far too proud. Only once or twice, when she had been truly awful, did she apologize. Generally, she was defiant — almost magnificently so — when her demons slipped their leash. My wise wife, Lucy, has a rule: don’t go to bed angry. Now, watching Mum go to bed for the last time, I didn’t want any anger left between us, so out came the unrehearsed words.

  2. Stephen Walt, blogging for FP, asks Three Questions About Pakistan. He quotes David Kilcullen explaining:

    We have to face the fact that if Pakistan collapses it will dwarf anything we have seen so far in whatever we’re calling the war on terror now.

    He cites a Timur Kuran and Suisanne Lohmann for providing a construct for understanding why such collapses as Pakistan’s possible one are hard to predict:

    [R]evolutionary upheavals (and state collapse) are hard to predict because individual political preferences are a form of private information and the citizenry’s willingness to abandon the government and/or join the rebels depends a lot on their subjective estimate of the costs and risks of each choice. If enough people become convinced the rebels will win, they will stop supporting the government and may even switch sides, thereby create a self-reinforcing snowball of revolutionary momentum. Similar dynamics may determine whether the armed forces hang together or gradually disintegrate. As we saw in Iran in 1979 or in Eastern Europe in 1989, seemingly impregnable authoritarian governments sometimes come unglued quite quickly. At other times, however, apparently fragile regimes manage to stagger on for decades, because key institutions hold and the revolutionary bandwagon never gains sufficient momentum.

  3. Evgeny Morozov, also blogging for FP, suggests that “promoting democracy via the internet is often not a good idea.”

    I simply refuse to believe in the universality of this new human type of Homo Blogicus – the cosmopolitan and forward-looking blogger that regularly looks at us from the cover pages of the New York Times or the Guardian. The proliferation of online nationalism, the growing use of cyber-attacks to silence down opponents, the overall polarization of internet discussions predicted by Cass Sunstein et al, make me extremely suspicious of any talk about the emergence of some new archetype of an inherently democratic and cosmopolitan internet user.

    As much as I’d like to believe that internet decreases homophily and pushes us to discover and respect new and different viewpoints, I am yet to see any tangible evidence that this is actually happening – and particularly in the context of authoritarian states, where media and public spheres are set up in ways that are fundamentally different from those of democracies.

  4. Julian Sanchez blogs reflectively about “our special horror over torture” – especially as related to aerial bombing. He concludes:

    Civilian life affords us the luxury of a good deal of deontology—better to let ten guilty men go free, and so on. In wartime, there’s almost overwhelming pressure to shift to consequentialist thinking… and that’s if you’re lucky enough to have leaders who remember to factor the other side’s population into the calculus. And so we might think of the horror at torture as serving a kind of second-order function, quite apart from its intrinsic badness relative to other acts of war. It’s the marker we drop to say that even now, when the end is self-preservation, not all means are permitted. It’s the boundary we treat as uncrossable not because we’re certain it traces the faultline between right and wrong, but because it’s our own defining border; because if we survived by erasing it, whatever survived would be a stranger in the mirror. Which, in his own way, is what Shep Smith was getting at. Probably Khalid Sheik Mohammed deserves to be waterboarded and worse. We do not deserve to become the country that does it to him.

  5. Jim Manzi is equally reflective in his piece written “Against Waterboarding” for the American Scene and published at the National Review’s Corner as well:

    What should a U.S. citizen, military or civilian, do if faced with a situation in which he or she is confident that a disaster will occur that can only be avoided by waterboarding a captured combatant? Do it, and then surrender to the authorities and plead guilty to the offense. It is then the duty of the society to punish the offender in accordance with the law. We would rightly respect the perpetrator while we punish him. Does this seem like an inhuman standard? Maybe, but then again, I don’t want anybody unprepared for enormous personal sacrifice waterboarding people in my name.

    But consider, not a theoretical scenario of repeated nuclear strikes on the United States, or a tactical “ticking time bomb” scenario, but the real situation we face as a nation. We have suffered several thousand casualties from 9/11 through today. Suppose we had a 9/11-level attack with 3,000 casualties per year every year. Each person reading this would face a probability of death from this source of about 0.001% each year. A Republic demands courage — not foolhardy and unsustainable “principle at all costs,” but reasoned courage — from its citizens. The American response should be to find some other solution to this problem if the casualty rate is unacceptable. To demand that the government “keep us safe” by doing things out of our sight that we have refused to do in much more serious situations so that we can avoid such a risk is weak and pathetic. It is the demand of spoiled children, or the cosseted residents of the imperial city. In the actual situation we face, to demand that our government waterboard detainees in dark cells is cowardice.

  6. Robert Kaplan writes about the “Revenge of Geography” for Foreign Policy. The summary of the article:

    People and ideas influence events, but geography largely determines them, now more than ever. To understand the coming struggles, it’s time to dust off the Victorian thinkers who knew the physical world best. A journalist who has covered the ends of the Earth offers a guide to the relief map—and a primer on the next phase of conflict.

  7. Time magazine has a piece written by Maia Szalavitz on drug decriminalization in Portugal which is also worth checking out. Excerpt:

    “Judging by every metric, decriminalization in Portugal has been a resounding success,” says Glenn Greenwald, an attorney, author and fluent Portuguese speaker, who conducted the research. “It has enabled the Portuguese government to manage and control the drug problem far better than virtually every other Western country does.”

    Compared to the European Union and the U.S., Portugal’s drug use numbers are impressive. Following decriminalization, Portugal had the lowest rate of lifetime marijuana use in people over 15 in the E.U.: 10%. The most comparable figure in America is in people over 12: 39.8%. Proportionally, more Americans have used cocaine than Portuguese have used marijuana.