by Katherine
(Note: In response to commenters' requests (thanks, guys) I'm promoting this response to Patterico's hypothetical about torture, which I posted last night. I've edited for grammar, & in one case--the bit about Abu Ghraib & its relationship to the CIA torture program--for factual precision.)
No, the waterboarding session was not worth it.
The CIA officers charged with waterboarding KSM, lacking the knowledge that everything would turn out so swimmingly, would demand assurances from their boss that they could not go to jail for this. Their boss, & his boss, would ask the Justice Department to assure them that they would not go to jail. In order to tell them that they wouldn't go to jail, the Justice Department would have to write a memo falsely concluding that: (1) terrorism suspects were not protected by any portion of the Geneva Conventions, & the war crimes act did not apply; (2) waterboarding (& such other "enhanced interrogation technqiues" as the CIA would deem necessary) was not torture.
As a result of those memos, CIA agents would torture many other prisoners, and kill several of them, including some who were not high level members of Al Qaeda & whose torture & death did not save a single life. In order to justify what they had done & avoid liability, they would cover up the evidence of this. They would also make false and exaggerated claims about how the program was necessary, how many lives had been saved by torture.
The techniques--not waterboarding, so much, but many of the others--would spread to the military. In some cases, it would be because the Secretary of Defense thought it would be convenient not to have the Geneva Conventions apply to terror suspects in military custody, & to have authorization to use "enhanced interrogation technqiues" to abuse prisoners. After all, were America's brave soldiers lives less valuable than civilians? In other cases it would be because members of the military stationed with the CIA saw what CIA agents could do to prisoners: a guard at Abu Ghraib prison in Iraq, say, might come into work one night & notice that a CIA agent had tortured a prisoner to death & left his body paced in ice in the shower while higher ups fought about what to do with the evidence. The guard might unzip the body bag, take some pictures with corpse. It might not be the first time the guard had seen a CIA interrogator torture a prisoner. It might assure him that if the CIA could get away with killing a guy, surely he & his friends on the night shift could continue to have some fun with the prisoners, & continue to take some pictures.
Soldiers would torture many, many, many prisoners--in Afghanistan, in Guantananmo, in Iraq. Some of them would be tortured to death. Some of those tortured would be innocent.
The people tortured would make false confessions, which whether they were guilty or not would lead to them being detained for years without charge or trial. Their false confessions would lead to other arrests, and more torture, and more false confessions. Intelligence would be led down God knows how many blind alleys, resulting in the torture of God knows how many, the imprisonment of God knows how many more.
The results would be downright bizarre sometimes. We'd not only imprison & torture innocents--we'd imprison & torture guys we captured in a Taliban prison bearing scars from torture by high level al Qaeda members; one of whom Osama Bin Laden had personally accused of trying to assassinate him in 1998. We'd keep one of them in prison in Guantanamo for the better part of 5 years; another for 6 and counting despite the fact that he kept trying to kill himself.
The administration wouldn't be able to admit that this happened; it would have to classify as much as the evidence as it could, for as long as it could. It would have to keep the courts from examining the legality of these techniques, & push laws through Congress immunizing itself from prosecution, & ensure that the Justice Department remained in the hands of lawyers who would continue to falsely claim that everything had been legal; who would never investigate; who would never prosecute. Members of the President's party would have to support "enhanced interrogation" & pretend it wasn't torture; otherwise they would be admitting that a President in their party had participated in a conspiracy to commit war crimes.
But they wouldn't be able to keep it all secret; the world would find out. It would destroy our reputation, & make it impossible for us to credibly pressure other countries not to torture people or detain them indefinitely based on a bare allegation that they were terrorists or national security threats. It would help drive recruiting for Al Qaeda. It would help seal the failure of our invasion of Iraq.
I suppose you could add a bunch of other stipulations to your hypothetical to prevent these things from happening: these techniques would be practiced only against the highest level suspects, in a few prisons. They would be restricted to trained, professional, carefully selected CIA agents. It would only be used to prevent attacks when there was no other possible way to stop them. We would never torture innocents. We would never torture anyone to death. You could stipulate that, but it just makes the hypothetical even more of an irrelevant fantasy. In real life, this happened. In real life, it always happens when a country experiments with torture: it always spreads, it always leads to innocents being tortured, it never saves more lives than it destroys. In real life, a government who promises that this time it will be different is either lying, or kidding itself.
You should trust a government claiming it needs to torture exactly as much as you should trust a terrorist leader explaining why it needs kill just a few civilians (or a few dozen, or a few hundred), in order to save hundreds of thousands of Muslim children from death and slavery. I could make up a hypothetical where a suicide bombing prevented more evil than it inflicted & saved more people than it killed; would that show that opponents of terrorism just don't understand the moral complexity of it all?
Recent Comments