Torture: A Conservative Defense of Bush/Cheney

Obama

W.J. Astore

About seven years ago, I had an impassioned debate with a conservative friend about whether the U.S. had engaged in torture and, if we had, whether it had been effective.  My position was clear: we had engaged in torture, and it was both wrong and counterproductive.  My friend was unconvinced.  His arguments, which I detail below, provide a contrary perspective on the issue of torture as well as insight into the rationale of those who supported Dick Cheney’s unapologetic stance on torture.

(My friend is now deceased.  I don’t believe he would object to having his views outlined here, but I do believe he would wish to remain anonymous.  I have edited his comments for clarity, putting them in the form of a list.)

1.  Torture. The very word makes us feel a bit uncomfortable. Yet we have yet to come to anywhere near an agreement on exactly what the word means. To some it is hot irons, the rack, and beatings. At the other end are those who maintain the act of keeping prisoners at a facility like Gitmo, or indeed at any facility, is in of itself a form of torture.

I am not in favor of categorically using physical means to obtain intelligence from captives. From the tone of the [White House] memos [on torture], and from what I have read of the views of those in both the White House and the Pentagon, no one there was in favor of that approach either.  That is clearly not in the best interests of anyone. At the same time, it is folly to advertise [to the enemy] exactly what we will and will not do.

Clearly, from the very fact that the memos exist at all, and that questions were asked requiring legal answers, this subject was not approached in a cavalier fashion by anyone [in the Bush Administration].

It was St. Augustine who first offered the admonition that you may not do evil that good might come of it.  But he also said that it is at time permissible to tolerate a lesser evil to prevent a great evil.

2.  Waterboarding did yield results that stopped an attack on US soil. I believe that Cheney is correct in asking that further memos be released that either prove or disprove that point. I also believe that these episodes of waterboarding are being presented [by the media] out of context and without perspective.  In sum, if waterboarding resulted in obtaining info that did indeed foil an operation against the U.S., then I see no problem with having used it.

3.  The Geneva Conventions [on the treatment of prisoners of war] do not apply here. Terrorists are not soldiers of any state.  They do not wear uniforms.  We have a new paradigm to which we must adjust, both in the pure military sense, as well as the way we deal with those we capture.

Are such men to be treated as soldiers?  Are they to be treated as criminals?  Are we to extend such niceties as the Geneva conventions to those who would offer the exact opposite to those who would come under their control?

If we treat all captives as if they were soldiers, under Geneva Convention rules, that would create some problems, and would also effectively end the conversation. There would be no interrogations. On the other hand, if we treat this as a war, and all captives as POWs, then we are well within our rights to keep those same persons under confinement until the war ends.

If we treat these captives as criminals, we have other problems. First, and this may sound silly, but I doubt that they were read their Miranda rights as they were taken prisoner. But if they are to be treated as criminals, then other rules apply as well, and one of those rules is the right for authorities to question them.

As it stands now, how you treat terrorists is open to debate. They are clearly not soldiers. They are also not actually criminals either.

4.  The nature of the enemy: What we have now is a very different paradigm. These are not State actors. There is no fear on their part of betraying their “State,” or of facing consequences relating to betraying the State. There is no “State” in the first place.  These are Islamo-fascist terrorists, who have no state, only a religious conviction from which they draw their motivation.

We also know that they view cooperation and diplomacy and forbearance as weakness.

We know how totalitarian thugs act and react. We know what drives them, and we know what stops them.  We have had ample experience over the centuries.

5.  Abu Ghraib in Iraq, while deplorable, also did not represent an attempt to garner intelligence. And its commander was sacked.  I take exception to any comparisons with such places as the Hanoi Hilton [in North Vietnam]. The objective there was not information, but rather confession.

And what do we do to detainees who, after being treated as “guests,” respond by throwing feces and attempting to assault US guards?  Is no physical response to be permitted at all?

6.  This media focus, some would say obsession, with torture is more about attacking the Bush Administration than it is about protecting the rights of prisoners.

7.  While I have concerns about the prisoners who are the recipients of torture and abuse, I also worry about those on the other side. The act of abusing another human being is not healthy, and leads to many psychological problems. I worry about the effect any of this activity will have on our own people.

8.  The validity of information obtained under torture is always suspect. But we come back then to the very definition of torture. Is the stress of being questioned in of itself a form of torture?  And again, we are not talking about soliciting confessions; we are talking about obtaining and confirming information, from various persons and from different sources. If we decide that we cannot in any way, shape, or form question captives, then we might as well just treat them as we would soldiers. And that would mean keeping them locked up for a very long time.”

If I were to summarize my friend’s views, I’d say he believed that torture was regrettable but necessary to keep America safe, that those who were making a big deal about it were motivated by animus against the Bush Administration, and that those who objected to torture in principle didn’t realize the nature of the enemy, i.e. “Islamo-fascist thugs” who had to be “stopped,” even at the cost of committing lesser evils (torture) to prevent greater evils (attacks on innocent Americans).

And I’d say his views, politicized and biased as they were, were and are widely held in America, which is exactly why the Obama Administration chose not to prosecute anyone for the crime of torture.  “We tortured some folks,” as Obama memorably said, but let’s look forward, not backward.  So, in essence, Obama pretty much agrees with my conservative friend.

Update: Another thought: this debate over torture is much like the current debate over the renewal of The Patriot Act. The Obama Administration is trotting out the usual suspects to argue that, to defend ourselves from Islamo-fascist thugs, we must reauthorize the Patriot Act and consent to unlimited surveillance.

It’s yet another version of “we had to destroy the village to save it.”  In this case, it’s “we must empower authoritarian and secretive governmental agencies to preserve democracy and freedom in America.”  Good luck with that!

The Torture Was the Message

Proud Acolytes of the Roman God of War

W.J. Astore

Leading figures in the Bush Administration — Dick Cheney, Donald Rumsfeld, Condoleezza Rice, Paul Wolfowitz — fancied themselves to be the new Vulcans.  As in Vulcan, the Roman god of fire and the forge, armorer for gods and mortals.  In the aftermath of 9/11, they didn’t look to Darth Vader in their journey to “the dark side” — they looked to Ancient Rome. They believed that Rome had prospered because of its willingness to use force with unparalleled ruthlessness.  As the “new Rome,” the new hegemon of the globe, America too would prosper if it proved willing to use brutal force.

Call it “shock and awe.”  In the process, they sowed the dragon’s teeth of war in Afghanistan, Iraq, and indeed throughout the world.  In attempting to intimidate the enemies they saw everywhere, they tortured widely as well.

In her book Rome and the Enemy (1990), historian Susan P. Mattern noted that:

Rome’s success, its very safety, ultimately depended less on the force that it could wield, which was not necessarily large or overwhelming, than on the image of the force it could wield and on its apparent willingness to use that force at whatever cost.

The American Vulcans, people like Cheney, concluded the same: they had to be willing to use brutal force at whatever cost.  Image was everything.  They had to be willing to project an image of ruthlessness, because the language of brutality was the only language “they,” the enemy, could and would understand.  It wasn’t necessary to sacrifice democracy to defend democracy, since to the Vulcans, America wasn’t really a democracy anyway.  No: America was the new Rome, the new global hegemon, and it had to act like it.

To the Vulcans, torture was not an aberration.  It was method.  A method of intimidation that sent a message to barbarians about America’s willingness to use whatever force was necessary to defend itself.  Whether torture yielded reliable intelligence was beside the point.  The torture was the message.

That’s why you’ll hear no apology from Dick Cheney or the other Vulcans.  They speak the language of naked power. A fiery power that consumes.  And they’re proud of it.

Two millennia ago, in a riposte to Rome’s utter ruthlessness, the Roman historian Tacitus wrote a critique using Calgacus, a Celtic chieftain, as his mouthpiece.  In Agricola, Tacitus wrote:

The Romans’ tyranny cannot be escaped by any act of reasonable submission.  These brigands of the world have exhausted the land by their rapacity, so they now ransack the sea.  When their enemy is rich, they lust after wealth; when their enemy is poor, they lust after power.  Neither East nor West has satisfied their hunger.  They are unique among humanity insofar as they equally covet the rich and the poor.  Robbery, butchery, and rapine they call ‘Empire.’  They create a desert and call it ‘Peace.’

This may not be quite the self-image that America’s new Vulcans had in mind, but it is the reality when you set yourself up as acolytes of the god of fire.  But fire is an especially capricious and elemental force, impossible to master, raging treacherously as it consumes everything in its path.  Beware when you play with fire, for even the Roman Empire burnt itself out.

(With thanks to the reader below who reminded me of the different roles Vulcan and Mars played in Roman mythology.)

More on the Torture Report

An unrepentant Dick Cheney in 2008
An unrepentant Dick Cheney in 2008

W.J. Astore

Six years ago, Vice President Dick Cheney admitted that he had approved waterboarding as one of the CIA’s “enhanced interrogation techniques.” Waterboarding had been defined as torture by the U.S. during World War II when the Japanese had employed it (although the U.S. had used the so-called water cure during the Filipino Insurrection in the early 1900s). An unrepentant Cheney claimed that torture had been necessary to keep America safe, and that valuable intelligence had been gathered as a result, a conclusion disputed by this week’s Senate report on the CIA and torture.

Since Cheney’s admission, it’s taken six years to render an incomplete accounting of crimes committed by the U.S. government in the name of protecting America. The American people will never receive a complete accounting of these crimes since much of the evidence, including videos of interrogations, has been destroyed. Other evidence is being suppressed (just as the worst photographs from Abu Ghraib were never shown to the American people), ostensibly in the name (yet again) of keeping America safe from the blowback that would result from a complete accounting.

Who is really being protected here? The American people? Or the people who authorized and carried out the torture?

I wrote the following article back in December 2008 on the futility of torture as a technique and also on the need to punish those accountable for ordering it. However, it already appears that the U.S. Department of Justice has no plans to prosecute anyone for these crimes.

So, after a week or so of media grandstanding and manufactured outrage, this story will fade from view, just as our government wishes it to. Look forward, not backward, as President Obama says. And so it is that the crimes will continue without any possibility of atonement or redemption. W.J. Astore

Cheney says he approved waterboarding. Is that the end of the story?

ASK THIS | December 20, 2008

The vice president gave the go-ahead for tactics commonly regarded as torture. Was that a war crime or not? William J. Astore provides some background on the issue and urges the press to show that it too can do aggressive interrogations. And do them now, without waiting for a new administration or a new Congress.

By William J. Astore

Is our sitting vice president a war criminal because he condoned torture?  In an interview on ABC News on December 15th, Dick Cheney coolly admitted he had approved so-called “harsh” and “aggressive” interrogation techniques, notably waterboarding, in an attempt to extract intelligence from known or suspected terrorists, including Khalid Sheikh Mohammed. Vital intelligence gathered about Al Qaeda, Cheney claimed, vindicated his decision, though this is much disputed. Subsequently, Cheney claimed that waterboarding and other harsh techniques did not constitute torture; this categorical denial was balanced by a counterclaim that he would have been remiss had he not authorized aggressive techniques in an attempt to safeguard Americans.

For approving these techniques and for other practices, The New York Times has attacked Cheney, former Secretary of Defense Donald Rumsfeld, and other Bush Administration officials. Calls have been issued for war crimes investigations. Are such calls warranted? Did Cheney, Rumsfeld, and others authorize techniques that constituted torture, and, if so, are they complicit in the crime?

Here, the Holocaust survivor, Jean Améry, and the political philosopher, Hannah Arendt, offer valuable insights. Améry, himself a victim of torture, wrote about it in At the Mind’s Limits (1980). Torture, he observed, was a monstrous immorality because it violated another person’s body, reducing it to a vessel of fear and pain. Under such distress, the victim confesses to anything, even the wildest fictions and fantasies, as Améry himself did when he was tortured.

In its simulation of death by drowning, waterboarding is intended to produce great fear and psychological dislocation. It may perhaps leave no physical traces, but the mental wounds it inflicts are something else altogether. Their insidious effects on victims were captured by Améry in his conclusion on torture:

Whoever has succumbed to torture can no longer feel at home in the world. The shame of destruction cannot be erased. Trust in the world, which already collapsed in part at the first blow, but in the end, under torture, fully, will not be regained …. It is fear that henceforth reigns over him. Fear—and also what is called resentments. They remain, and have scarcely a chance to concentrate into a seething, purifying thirst for revenge.

Torture, in short, alienates its victims from humanity and generates (or strengthens) vengeful resentments. Améry carried his own resentments as a burden to remind himself—and us—of the moral enormity of any attempt to demolish another human being’s will through torture. For Améry, such attempts are both crimes and mistakes because they sow the seeds of future acts of vengeance.

A further disturbing insight comes from Hannah Arendt’s Eichmann in Jerusalem (1964). Adolf Eichmann, desk-bound executioner and “Jewish expert” for the Third Reich, oversaw the deportation of Jews to their deaths during the Final Solution. A bureaucrat who never dirtied his own hands, Eichmann therefore judged himself to be less than fully responsible for the murder of millions. On this point, the judges at Eichmann’s trial reached a far different conclusion: “the degree of responsibility increases as we draw further away from the man who uses the fatal instrument with his own hands.” In crimes against humanity, degrees of separation from the dirty work only add to the offense.

Waterboarding is torture; Cheney and Rumsfeld approved it; and Améry and Arendt’s reflections suggest the immorality of, and culpability for, the crime. What now? Whether we find this distasteful or not, the press needs to show that it too can aggressively interrogate sources. Rather than waiting a month for an Obama Justice Department or a congressional investigation, the press should challenge incoming Obama administration officials now, together with new members of Congress. Outside legal experts should also be consulted. Does Baltasar Garzón—the Spanish judge who pursued Augusto Pinochet relentlessly—have an opinion? These are obvious leads for reporters.

To strengthen America’s moral authority, we need to reject the idea that demolishing our enemies’ resistance through torture is a necessary price of our safety. Let’s not balk at an expeditious and complete accounting of our mistakes—and of crimes committed in our name.

Cheney, Rumsfeld, and the End of History

Rumsfeld and Cheney
Rumsfeld and Cheney

W.J. Astore

Mark Danner has a probing article at TomDispatch.com on the career arc of Dick Cheney, the self-selected Vice President under George W. Bush.  Cheney’s approach to history, an attitude he shared with Karl Rove and Donald Rumsfeld, was the idea he could make his own reality, independent of history.  Previous precedents on waterboarding as torture?  They don’t matter.  The predictable civil war that resulted from our invasion of Iraq?  Doesn’t matter.  History is made by the big swinging dicks, no regrets, no apologies.

Even when the insurgency in Iraq was obvious to all, Cheney and Rumsfeld sought to deny that reality.  Recall that Cheney said in 2005 that the insurgency was in its last throes even as it was beginning to peak.  Recall that Rumsfeld said in July 2003 “I don’t do quagmires” even as he and the U.S. military were sinking into one in post-invasion Iraq.

History teaches humility, but Cheney and Rumsfeld were having none of that.  History is a sovereign remedy to hubris, but Cheney and Rumsfeld were all about hubris.  Faced with history’s uncertainty, as represented by favorite questions like “Yes, but” and “Are you sure,” Cheney and Rumsfeld hissed like vampires confronting garlic.

The end of history — in the sense of ignoring its lessons — came with Cheney and Rumsfeld.

And like Danner says in his article, we’re left today with the bloody mess these dicks created.