Tag: enhanced interrogation techniques

Wednesday Links

Waterboarding, Again

I have an article in today’s Los Angeles Times pointing out that waterboarding is dead as a tool for U.S. interrogators. So get over it. I also make the point that it died under Bush’s watch, so the next time Dick Cheney trots out a proposal to bring back waterboarding, he’s quarreling mostly with his old boss and not the current commander-in-chief. Over at the Washington Post, Allen McDuffee thinks this is unfair:

It may well be the case that Cheney has unfinished business with Bush over dropping the so-called enhanced interrogation techniques, but it is at least a selective reading for Rittgers to suggest that Cheney’s words are not directed at Obama with the hope that they carry political consequences for the administration. It is unlikely that even Cheney himself would make such a suggestion.

Of course Cheney’s comments are directed at Obama, as a rearguard action intended to make it politically impossible to prosecute those that made waterboarding and other coercive interrogation techniques our policy. Mission accomplished.

Waterboarding died in 2004 when the Office of Legal Counsel withdrew the memoranda supporting it, with other nails in the coffin provided by the Detainee Treatment Act and the Hamdan decision. Bush didn’t make these changes by himself. The OLC withdrawal was Jack Goldsmith’s doing, and a signing statement on the DTA showed Bush’s reluctance to accept limits on his power. But accept them he did. On the same day that Bush issued an executive order finessing the Geneva Conventions Common Article 3 as applied to the CIA, his OLC issued legal advice on what enhanced interrogation techniques are still on the table. It’s no human rights wishlist (sleep deprivation, reduced calorie diet, and four slapping/holding techniques), but waterboarding is nowhere to be found.

Yes, Obama restricted the intelligence community to the Army Field Manual. Waterboarding was long gone by that point. It has been resurrected as a talking point in defiance of legal reality, good policy, and core principles, but will not and should not be American policy. Again, get over it.

Monday Links

  • It is false to assume that GM’s earnings report means the auto bailout was a success.
  • It is false that, among other things, failing to raise the debt limit means defaulting on our obligations.
  • It is false that Osama bin Laden’s death means torture is a good idea.
  • It is false that international institutions can deliver what they say they can deliver.
  • It is false that oil speculators are to blame for fluctuating oil prices:


Destroying Evidence = American Hero

That’s what the attorney for former CIA officer Jose Rodriguez is saying about his client. Rodriguez and other CIA personnel destroyed videotapes of detainee interrogations. The Justice Department announced that Rodriguez will not face criminal charges, but did not elaborate on the reasoning behind the decision.

Rodriguez’s decision to get rid of the tapes came after White House lawyers, responding to a court order, instructed the CIA not to destroy any evidence associated with detainee interrogations.

I know that the term “slippery slope” is overused, but it’s clearly evident here. Thwart the rule of law by declaring torture legal, thwart it again to cover up your actions.

Strategic Terrorist Interrogation

The cover story of this month’s National Interest focuses on different approaches to terrorist interrogation. Matthew Alexander, former senior military interrogator and author of How to Break a Terrorist: The U.S. Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq, profiles Colonel Tito Karnavian, the chief of intelligence for Detachment 88, Indonesia’s premier counterterrorist force. Karnavian’s approach to interrogation is strategic, as opposed to the tactical scenarios that dominate the debate in America.

The goal of the interrogators is not intelligence information that can prevent future terrorist attacks, but the conversion of the extremists into advocates against violent jihad. Interrogators have, de facto, become the primary facilitators of rehabilitation. In this manner, Karnavian has turned a tactical weapon into strategic leverage, and the results speak for themselves.

Following the implementation of Karnavian’s interrogation strategy, Indonesia did not have a terrorist bombing for almost the entire three years between 2006 and 2009, no doubt chalked up to the cooperation of numerous imprisoned extremists. Two former senior JI members captured by Detachment 88 have since written books admitting their erroneous violent beliefs. One book was a national best seller in Indonesia. In comparison, U.S. interrogation strategy, although improved since the revelations of torture and abuse at Abu Ghraib in 2005, is in the Stone Age.

Read the whole thing.

The Strategic Corporal

Retired Generals Charles Krulak and Joseph Hoar have an op-ed over at the Miami Herald making some important arguments against using “enhanced interrogation techniques.” Krulak served as Commandant of the Marine Corps and Hoar served as CENTCOM Commander. CENTCOM is short for Central Command, the regional military command responsible for the Middle East.

Krulak and Hoar endorse the Interrogation Task Force’s recommendation that all future detainee interrogations be conducted within the guidelines in the Army Field Manual on Interrogation. In doing so, they make a point that may be difficult to see unless you have been a leader in the military: condoning torture, or any mistreatment of prisoners, erodes discipline in a military organization.

Rules about the humane treatment of prisoners exist precisely to deter those in the field from taking matters into their own hands. They protect our nation’s honor.

To argue that honorable conduct is only required against an honorable enemy degrades the Americans who must carry out the orders. As military professionals, we know that complex situational ethics cannot be applied during the stress of combat. The rules must be firm and absolute; if torture is broached as a possibility, it will become a reality. Moral equivocation about abuse at the top of the chain of command travels through the ranks at warp speed.

Krulak is no stranger to this topic. In a 1999 article, The Strategic Corporal: Leadership in the Three Block War, Krulak highlighted the difficulty of deploying to low-intensity conflicts and the challenges that enlisted Marines (and soldiers) will face. In a single conflict, a unit could be engaged in humanitarian aid on one block, quelling a riot on the next, and fighting pitched urban combat on the third. Small units led by a corporal may have to take on captain-sized problems. Krulak stressed the importance of leadership and character at the lowest level so that when an officer is not present, low-level leaders will act with the necessary initiative and decision-making skills. The cornerstone for all of this is character.

Honor, courage, and commitment become more than mere words. Those precious virtues, in fact, become the defining aspect of each Marine. This emphasis on character remains the bedrock upon which everything else is built. The active sustainment of character in every Marine is a fundamental institutional competency – and for good reason.

Torture apologists may be found aplenty inside the Beltway, but those who have worn the uniform know better.

How Much for a Schlub?

Over at The Corner, Rich Lowry put up a post on detainee interrogations that I responded to. Follow-up posts are available here and here.

Jay Nordlinger steps in to offer the view that, with terrorists, the difference between a “schlub” and a “monster” isn’t much. A pathetic radical can cause a lot of damage with just a little bit of luck.

This may be true, but there is a valuable ends-means calculation that must be considered (also addressed in Julian Sanchez’s post here).

How many times must we use coercive interrogation and get nothing, suffering the inevitable backlash in public opinion and enemy recruiting, for each intelligence success? If you are willing to torture a dozen/hundred/thousand men for each schlub, you will motivate a sufficient number of monsters to make a small tactical victory a pyrrhic one at best, and a strategic debacle at worst.

The big picture trends against torture, or any use of force that crosses the line between mutual combat and violating human rights, or the use of indiscriminate force. The attack on September 11, 2001 crossed that line, and we justifiably responded with military action. The use of “enhanced interrogation techniques” (EIT’s) crossed that line, and the enemy used it as propaganda fodder.

The British faced a parallel situation in Northern Ireland in 1971. After employing mass arrests that stoked the fires behind the IRA, the Brits employed “special interrogation techniques.” Former FBI Special Agent and successful terrorist group infiltrator Mike German covers this in his book, Thinking Like a Terrorist (citing Armed Struggle: The History of the IRA):

Among the methods used on the internees were the “five techniques”: placing a hood over the head; forcing the internee to stand spreadeagled against a wall for long periods; denying regular sleep patterns; providing irregular and limited food and water; and subjecting people to white noise in the form of a constant humming sound.

Sound familiar? Violence in Northern Ireland increased as a result of these practices. The Brits crossed the line again on Bloody Sunday when they fired into a crowd of peaceful protestors (possibly a response to IRA gunfire at British paratroopers). The tide shifted in favor of the IRA until they broke the unwritten rules of the game on Bloody Friday, detonating twenty-two bombs in Belfast that killed nine people. Tactically masterful, but a political disaster.

The Bush administration changed tactics in its second term in office, discarding EIT’s and moving away from physical coercion of detainees. This was a sensible decision, and there is no reason for the Obama administration to change course.