Free Markets, Free People

Military Affairs


About That Nuclear Non-Proliferation Goal …

North Korea says “no”:

North Korea conducted a nuclear test on Monday, South Korea’s Yonhap news agency quoted a ruling party official as saying.

YTN Television quoted the South Korean weather agency as saying it detected a tremor indicating a test at 0054 GMT (8:54 p.m. EDT).

South Korean President Lee Myung-bak had called an emergency meeting of cabinet ministers over the test, Yonhap said.

Well that ought to keep ‘em buzzing around in DC for a day or two.  I wonder if we’ll finally figure out that anything that NoKo agrees too in the future isn’t worth the paper it’s written on?

~McQ


A Day With The Hurricane Hunters (update)

I had a unique experience this week.  That was the opportunity to fly with a very unique military unit. Unique in the sense that they’re the only one like it in the US military. I’m speaking of the 53rd Weather Reconnaissance Squadron, known as the “Hurricane Hunters”, based at Keesler AFB in Biloxi MS.

The opportunity was one I just couldn’t pass up, so on Tuesday, I and a few other bloggers from as far away as Chicago, hooked up with the 53rd for a 3 hour flight in one of their 10 WC-130J “Hurricane Hunter” aircraft.

crewOf course we were first initially briefed on the history and capabilities of the squadron. The squadron is comprised entirely of Airforce reservists. Yet they carry a full mission load. So in addition to their monthly training and their 2 week annual training, these folks average 120 more days of active duty time a year.

That’s a lot of time away from home for a part-time job. But they obviously love it. The pilot of our flight had been doing it for 17 years and the AWRO (Aerial Reconnaissance Weather Officer) said she’d been bashing her way into hurricanes for 23 years.

The normal crew for a hurricane mission is 5 (pilot, co-pilot, navigator, AWRO and loadmaster).  Depending on the length of the mission, which can last up to 12-14 hours, they may take a second crew with them.
at-work
Do they actually penetrate the hurricane?  Yes.  In fact they fly right through it, from side to side, through the eye.  Last year during the hurricane season, they made 162 flights through the eye of hurricanes.

Their work normally begins with a low-level investigation.  Naturally forecasters are intersted in what effect the storm is having at sea level.  So, if its a tropical storm, they may begin looking at it at 500 feet.  As it becomes a hurricane, they step their approaches up.  A Cat 1 may see them go in at 1,500 feet and so on.

They never go higher than 10,000 feet, even though these storms may be as high as 50,000 feet.  That’s because of icing primarily and lightning strikes secondarily.  Icing begins at about 14,000 feet.  So while they’re equipped to do deicing, it puts the aircraft at further risk that is just not necessary to do the mission.

When Katrina was building, these folks were flying through her at 10,000 feet and sending invaluable information back to forecasters.  Obviously their work has helped both forecasters and meteorologists learn a lot about the behavior of these storms.   But more importantly, the Hurricane Hunters have helped sharpen landfall forecasting by 30%.  What that means is when you see a storm track which shows where the hurricane might make landfall, it’s a 30% smaller footprint than it would be without the information the squadron provides forecasters.

It is estimated that it costs $1 million to evacuate a single mile of coastline.  That reduction of 30%, depending on where the storm is forecasted to go, can mean eliminating the need to evacuate 50 to 100 miles of coastline.  Or more simply said, because of that, the cost of all the missions they’ll fly in a year are normally paid for by the savings produced by one mission.

Their area of operations is from the international date line west of Hawaii to the Atlantic ocean.   That is a huge AO.  Additionally they fly winter storm missions as well.   In all a most impressive group.  If you’re interested, you can read more about them here.

Having taken the 3 hour flight (a simulated mission and a low-level pass over New Orleans), I’m now on a list to fly into an actual hurricane with them.  That’s just too cool.  So, with hurricane season starting on June 1st, I’m standing by and hoping for an opportunity (they said it could take up to 3 years) to snag one this year.

Update: I forgot to mention that there was TV media on the flight as well, and this was headlined as the “first blogger flight in the history of the Airforce”.  So we were as much the story to them as the flight was to us.  Here’s a local TV station’s treatment of the story.  I don’t know who the “Bruce McSwain” guy is, but what is he says is true.

~McQ

[Photos by Cindy Morgan]


Welcome To Bizarro World

Sy Hersh, not yet ready to leave the evil cabal of Bush/Cheney alone, has concocted a real beaut this time and is peddling it on Arab TV (what other media outlet would be open to this stuff?), just in time to inflame the unwashed masses in the Middle East:

Former prime minister of Pakistan Benazir Bhutto was assassinated on the orders of the special death squad formed by former US vice-president Dick Cheney, which had already killed the Lebanese Prime Minister Rafique Al Hariri and the army chief of that country.

The squad was headed by General Stanley McChrystal, the newly-appointed commander of US army in Afghanistan. It was disclosed by reputed US journalist Seymour Hersh while talking to an Arab TV in an interview.

Hersh said former US vice-president Cheney was the chief of the Joint Special Operation Command and he clear the way for the US by exterminating opponents through the unit and the CIA. General Stanley was the in-charge of the unit.
Seymour also said that Rafiq Al Hariri and the Lebanese army chief were murdered for not safeguarding the US interests and refusing US setting up military bases in Lebanon. Ariel Sharon, the then prime minister of Israel, was also a key man in the plot.

A number of websites around the world are suspecting the same unit for killing of Benazir Bhutto because in an interview with Al-Jazeera TV on November 2, 2007, she had mentioned the assassination of Usama Bin Laden, Seymour said. According to BB, Umar Saeed Sheikh murdered Usama, but her words were washed out from the David Frosts report, he said.

Got that? Bhutto was killed at Cheney’s behest (he apparently was the secret chief of the JSOC) by Gen. McChrystal and the boys (McChrystal soon to be the commander in Afghanistan headed the “squad”) because Bhutto blurted out that bin Laden was dead and that, unfortunately for her, undermined the given reason for the US being in A’stan.

Wow. How this guy gets even the coverage he does (The Nation and Arab TV) amazes me. At least The Nation jabbed Hersh with the “reputed journalist” tag. Arab TV, though, will eat it up with a spoon.

~McQ


Warrior Legacy Foundation

Matt Burden of Blackfive has announced the formation of something near and dear to my heart. A foundation to, well, let him explain:

So, a few of us decided to start our own foundation – non-partisan – to work with both sides of the aisle to solve veterans issues. We decided that we need to include every generation, every branch of service, in order to stand firm, back to back, and defend our family.

The Warrior Legacy Foundation is born.

The family he’s speaking about is the military family. And that family includes everyone, from service members and veterans, to those who have someone in the service to those who simply want to support the military and the veteran community.

Everyone.

This foundation’s membership is open to all – veteran or non-veteran – who are interested in supporting a group dedicated to ensuring the problems veterans face today have a powerful advocate willing to spend both the time and money necessary to see those problems solved.

The WLF becomes official on Memorial Day. But you can join now. Please do and support this new and worthy effort. This is the chance to make your unofficial support official.

~McQ


Is McCrystal the “Petraeus” Of Afghanistan?

There was no “nicety” to this very public change of commanders in Afghanistan. In command for only 11 months, Gen. David McKiernan has been fired. In his place will be LTG Stanley A. McChrystal. Secretary Gates made it clear:

“Our mission there requires new thinking and new approaches by our military leaders,” said Defense Secretary Robert M. Gates at a news conference this afternoon announcing General McKiernan’s dismissal.

Gates tried to smooth it over a bit (generals and admirals don’t like to be handled like this):

Mr. Gates and Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, offered few reasons for General McKiernan’s ouster beyond generalities that “fresh eyes” were needed. “Nothing went wrong and there was nothing specific,” Mr. Gates said. It was simply his conviction, he added, “that a new approach was probably in our best interest.”

The media will give you the boilerplate on McChrystal’s career including his recent stint as commander of the Joint Special Operations Command who ran all special operations in Iraq (and his part in the Pat Tillman investigation which wasn’t quite as sterling).

But there’s more to it than just the fact that he commanded JSOC in Iraq. As abu muqawama points out, there was a big improvement in JSOC after McChrystal took command and how that impressed a certain other commander:

I do know that many policy-makers and journalists think that McChrystal’s work as the head of the super-secret Joint Special Operations Command was the untold success story of the Surge and the greater war on terror campaigns. I also know that McChrystal and David Petraeus forged a close working relationship in Iraq in 2007 and have much respect for one another. (Prior to 2007, the relations between the direct-action special operations task force and the overall command in Iraq were strained at best.)

So my guess is that Gen. Petraeus had a hand in McKiernan’s new status as “former commander”. Apparently he wasn’t seeing in McKiernan the type of thinking Petraeus feels is necessary to win in Afganistan.  He may see in McChrystal the type of outside-the-box thinking he feels is necessary to turn the effort around there.

Abu again:

I do not know if the war in Afghanistan is winnable. But I do know that Stan McChrystal is an automatic starter in anyone’s line-up.

Game on.

Frankly, I’m pleased with the move. Time will tell if it pans out, but it shows me a seriousness about the war in Afghanistan that I wasn’t sure existed within this administration. This isn’t a half-hearted move.   Tip of the cap to the Obama administration for doing what I believe is necessary to move the war forward in a positive manner. Credit where credit is due and all of that.

~McQ


Military Commissions Again In Saturday News

Last Saturday, May 2nd, we were reading about the possibility that the Obama administration might revive the military commissions that candidate Obama had so reviled.

Today, Saturday May 9th, we again see more on the subject. Could the administration be any more obvious in their attempts to “hide” this story?

The Obama administration is preparing to revive the system of military commissions established at Guantanamo Bay, Cuba, under new rules that would offer terrorism suspects greater legal protections, government officials said.

The rules would block the use of evidence obtained from coercive interrogations, tighten the admissibility of hearsay testimony and allow detainees greater freedom to choose their attorneys, said the officials, who spoke on the condition of anonymity because they were not authorized to speak publicly.

So apparently it really wasn’t the commissions themselves, but how they were run. Of course they were run by rules that Congress had put in place. Yeah, you can figure out the rest.

And the only change I can see is the elimination of some evidence, tightning of the rules on other evidence and the ability to choose their attorney (to a point).

Yet, in the big scheme of things, it ensures that secret testimony, exposure of which so concerned the previous administration, will remain secret. Yes, that’s a good thing.guantanamo-bay-5a

But, as the Obama administration begins to reinvent the wheel (even though it will claim that these military commissions aren’t the same as the previous military commissions – a bit like saying a Ford isn’t a Chevy. They’re still both cars) I keep remembering a very sure candidate proclaiming:

“By any measure, our system of trying detainees has been an enormous failure.”

The Obama administration is seeking a 90 day extension on the 120 day extension previously imposed on military commissions. They would be moved to American soil (given the ruling by SCOTUS that doesn’t mean as much as it would have previously). But by all appearances, they will be pretty much the very same thing that candidate Obama said was unacceptable and an “enormous failure”. In the end, it appears, it has just been justice delayed (another reason he was against them).

Of course the real critics of such commissions (those whose opposition wasn’t strictly political in nature) are not happy:

“This is an extraordinary development, and it’s going to tarnish the image of American justice again,” said Tom Parker, a counterterrorism specialist at Amnesty International.

Yeah, well he won you know Tom, and with that, he reserves the right to throw issues under the bus if necssary, especially when it becomes clear that he had no idea about the subject he was condemning. And as an aside – I suspect that the slight differences in the commissions listed above will be enough for the fevered left to roll over and accept these military commissions as “OK”.

~McQ


Military Commissions Back On The Table For Gitmo

Sometimes, watching this circus of the Obama administration, you just have to shake your head and laugh a bit, even if the laughter is rueful:

The Obama administration is moving toward reviving the military commission system for prosecuting Guantánamo detainees, which was a target of critics during the Bush administration, including Mr. Obama himself.

Officials said the first public moves could come as soon as next week, perhaps in filings to military judges at the United States naval base at Guantánamo Bay, Cuba, outlining an administration plan to amend the Bush administration’s system to provide more legal protections for terrorism suspects.

Continuing the military commissions in any form would probably prompt sharp criticism from human rights groups as well as some of Mr. Obama’s political allies because the troubled system became an emblem of the effort to use Guantánamo to avoid the American legal system.

The more this crew gets into the weeds concerning Gitmo, the more they seem to validate all the moves Bush made.

I’m sure it’s a bit maddening for them.

Officials who work on the Guantánamo issue say administration lawyers have become concerned that they would face significant obstacles to trying some terrorism suspects in federal courts. Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered by intelligence agencies.

That was the Bush administration argument for some time. Congress passed legislation to enable it, the SCOTUS shot it down and told them how to fix it and Congress did, only to see SCOTUS change its mind and shoot it down again.

And, of course, that made it very easy to denounce from the campaign trail. But now the reality of governing intrudes:

Obama administration officials — and Mr. Obama himself — have said in the past that they were not ruling out prosecutions in the military commission system. But senior officials have emphasized that they prefer to prosecute terrorism suspects in existing American courts. When President Obama suspended Guantánamo cases after his inauguration on Jan. 20, many participants said the military commission system appeared dead.

But in recent days a variety of officials involved in the deliberations say that after administration lawyers examined many of the cases, the mood shifted toward using military commissions to prosecute some detainees, perhaps including those charged with coordinating the Sept. 11 attacks.

“The more they look at it,” said one official, “the more commissions don’t look as bad as they did on Jan. 20.”

Heh … what a surprise.

And this:

Administration officials said Friday that some detainees would be prosecuted in federal courts and noted that Mr. Obama had always left open the possibility of using military commissions.

… is pure and unadulterated BS.

Still, during the presidential campaign Mr. Obama criticized the commissions, saying that “by any measure our system of trying detainees has been an enormous failure,” and declaring that as president he would “reject the Military Commissions Act.”

But according to both Sec. Gates and AG Holder, military commissions are still very much on the table, because, as Holder said:

“It may be difficult for some of those high-value detainees to be tried in a normal federal court.”

Gee — I wonder who else’s administration said that?

~McQ


Let’s Close All The Service Academies

And while we’re at it, let’s close the War Colleges as well.

That’s the prescription the Washington Post’s Thomas Ricks puts out today as a great way to save federal funds.  Why is it the ideas these guy’s come up with to trim the federal budget are always aimed at the military and never at entitlements and the like.

Anyway, here’s what Ricks proposes:

Want to trim the federal budget and improve the military at the same time? Shut down West Point, Annapolis and the Air Force Academy, and use some of the savings to expand ROTC scholarships.

After covering the U.S. military for nearly two decades, I’ve concluded that graduates of the service academies don’t stand out compared to other officers. Yet producing them is more than twice as expensive as taking in graduates of civilian schools ($300,000 per West Point product vs. $130,000 for ROTC student). On top of the economic advantage, I’ve been told by some commanders that they prefer officers who come out of ROTC programs, because they tend to be better educated and less cynical about the military.

Now, I’ll admit it’s been a while but I’m sure the dynamic is pretty much the same now as it was when I was in.

I was an ROTC grad. Anyone who believes I was as well prepared as a West Point grad to function at the same level as them doesn’t know what they’re talking about. In today’s parlance, the West Pointers were “shovel ready” while most of us ROTC grads hadn’t even begun the bid process yet.

Of course I’m talking about my initial entry into the Army as a 2LT (of course our NCOs thought none of us were worth a crap). I had a good idea of what to expect, what was expected of me and what I’d experience, but I was far behind my West Point peers in real actual experience.

In fact, as I observed it, at company grade (the ranks 2LT, 1LT and CPT are considered “company grade” ranks), the West Point grad and the OCS grad were usually the best officers (and with obvious exceptions, I felt most of the OCS grads were a touch better than the WP guys) while the ROTC guys were playing catch-up. Around the 5 year mark, at the rank of CPT, everyone was pretty much even.
west-point
Again, these are my observations, but as we moved into the field grade ranks (the ranks MAJ, LTC and COL are “field grade” ranks), the ROTC and West Pointers began to pull away from the OCS grads. However, at both levels, West Pointers were right there among the best because they’d been taught and taught pretty well to function at both levels.

So I don’t buy this fellow’s two-year informal study at all.

I mean think about it – I went to one drill a week, not a number off them daily. And, in advanced ROTC, I went to ROTC classes three times a week. If you believe that schedule can compete with 4 years of being steeped in the military culture, visiting various military posts and schools, lectures from leaders in your field and having real, actual leadership and command responsibility during that time, then I’ve got a bridge in Brooklyn in which you’d be interested. Not even close.

Ricks’ tries the usual academic elitist argument as well:

They remind me of the best of the Ivy League, but too often they’re getting community-college educations. Although West Point’s history and social science departments provided much intellectual firepower in rethinking the U.S. approach to Iraq, most of West Point’s faculty lacks doctorates.

Of course, as regulars here have had the opportunity to discover, PhD’s aren’t all they’re cracked up to be as the one who roams the comment section here demonstrates almost daily. Obviously the “intellectual firepower” Ricks notes would seem to be a fairly important to a school of that type. I don’t remember any of the schools with ROTC adding to that process of rethinking our strategy in Iraq.

That’s because you’ll find some of our finest military minds teaching at West Point. They’re also immersed in a culture that inspires and promotes that sort of thinking. What they bring to those schools can’t be bestowed by any sheepskin. Many of them are serving officers who come from a stint in the field to the classroom where they bring a freshness to their teaching which is utterly unlike the stale academic atmosphere found in most traditional institutions of higher learning.

Lastly, the comparison to a community college education is pretty ignorant because it ignores the purpose of the service academies. They do what they are there to do and do it well. And I have never heard an academy grad complain about his or her education. Their ability to earn advanced degrees at elite civilian universities seems to argue that it is much more than the level of a community college (unless we now have community college grands routinely headed to Harvard, Yale and Princeton as WP grads do).

I’d apply the same arguments to the War colleges. They’re there to serve a part of a very important process – to provide the transition from field command to higher command and staff positions involving policy, strategy and international relations for the brightest and best. They’re very selective. They also provide the next generation of the nation’s senior leaders the opportunity to begin networking among those with whom they’ll most likely be serving as general officers.

So, as you might imagine, I find Ricks conclusions based in some fairly poor assumptions based in conversations instead of any real experience. Not that such conclusions are surprising anymore – we’re no longer strangers to journalists who think a couple of years and a couple of conversations somehow bestow a depth of knowledge about a subject which is simply irrefutable.

Personally, I’d much rather Ricks take a look at the massive waste to be found in most of the rest federal government’s spending and tell us why it’s involved in programs that build museums for Liberace, bailing out failing car companies, or paying to research the mating habit of wombats, or sea slugs, or whatever.

Who knows, he might actually know something about those subjects.  If we’ve got to get rid of something, I personally think this is a good idea.

~McQ


Torture…Again

I have to admit to some surprise in seeing Michael’s post on torture below.  QandO has been pretty much opposed to the use of torture, and we’ve taken some heat for it every time the subject has come up.  But, once you open up a libertarian blog to others to write for it, and tell them to feel free to write their own opinions without prejudice or favor, then,  before you know it, they go off getting ideas of their own, disagreeing with you, and generally acting with an outrageous sense of independence.

What’re you gonna do?

I understand the attraction of torture, both on utilitarian grounds, and in terms of what I will call “emotional reciprocity”, so I won’t re-cover Michael’s arguments, tendered, as they are, more inquisitively than asseveratively.

When I speak of “torture”, I want to be sure that we all have the same thing in mind when I use the word.  So I will define it here as the intentional application of physical pain, accompanied by the possibility of permanent injury, scarring, derangement, or death.  This will, I think, encompass the entire spectrum pf physical discomfort comfort from beatings to anything else more severe.  I specifically reject a definition of torture that includes psychological pressure, such as putting a particularly nasty-looking beetle in the cell of a prisoner who’s afraid of bugs.  I also reject questioning methods as sleep deprivation for a couple of days, or discomfort from keeping the air conditioning too low as torture.  These things might be unpleasant, but they are not physically or mentally harmful in any significant sense.

It’s possible to construct any number of scenarios in which torture is acceptable–perhaps even moral.  But that doesn’t negate the general rule that torture is, in fact, wrong.To continue, I would then proceed to the question, “Is torture always wrong?”  Well, that’s a silly formulation of the question.  In every human action, context matters.  I think there is general agreement that lying is generally wrong, yet if a terrified woman approaches us and pleads for us to hide her from a crazed stalker who intends to kill her, I think there is also general agreement that if the stalker subsequently approaches us, we would have a positive moral duty to lie to the stalker and deny any knowledge of her whereabouts.  There might also be general agreement that lying has a social purpose at times, in the sense that the answer to the question “Does this dress make me look fat?” is pretty much always, “No.”

In light of the above, it’s possible, then, to construct any number of scenarios in which torture is acceptable–perhaps even moral.  But that doesn’t negate the general rule that torture is, in fact, wrong, in the widest range of circumstances.  If we actually believe in all that stuff about “inalienable rights”, then certainly the right not to have hot needles shoved under our nails is one of them.

Beyond that, however, we enter a terrifically complicated area, when we begin to discuss giving the government the power to have recourse to torture as a matter of policy.  As a practical matter, it is nearly impossible to construct a system in which any official sanction to torture will not inevitably spiral out of control.  Once a set of rules is in place–any set of rules–there will inevitably be torture imposed on anyone on whom an official wishes to impose it.  Officials will ensure that the rules will apply to the persons they wish to torture.  Sure, the guy may look like an innocent Kabul taxi driver, but there will always be an official who “knows” better, and who will ensure that all the proper boxes are checked before the flensing knives are brought out.

We have elaborate rules, for instance, covering the issuance of search warrants, and severe criminal and civil sanctions for their abuse, yet, oddly enough, police agencies fairly routinely deliver no-knock drug warrants on innocent homeowners, which, not infrequently, result in homeowners or policemen getting shot.  Or in the case of 90 year-old Kathryn Johnson in Atlanta several months ago, police just ignore those rules, and seek to provide creative ex post facto justifications.  In that case, of course, we learned that such actions were not at all uncommon in portions of the Atlanta PD.

It is nearly impossible to construct a system in which any official sanction to torture will not inevitably spiral out of control.Providing legal sanction to use torture invites similar overzealousness on the part of officials.  Moreover, if the government can point to some cases of torture’s utility, the pressure to increase the range of acceptable subjects will inevitably increase–just as the drug war has increased the incidence of no-knock warrants being issued to “take down” non-violent drug offenders.  And, frankly, we haven’t done a very good job of guarding the slippery slope in these and similar areas of government activity.

That doesn’t make me sanguine about giving the government the legal sanction to engage in torture, especially in an environment where heathen foreigners will be on the receiving end of it, and their redress in case of mistakes are…limited.  That seems to me to have all the element necessary for an unconscionable abuse of power.

Now, let’s look at the question of whether torture works.  That answer to that is, yes, but not reliably.  There are a number of celebrated cases in World War II where French or Yugoslav partisans were captured by the Germans, turned over to the Gestapo, and essentially tortured to death without telling the Germans anything.  We also have, conversely, literally thousands of “confessions” of witchcraft during the Inquisition, extracted under torture.

What does that tell us?  Well, nothing really that we didn’t already know, which is that if you wish to get a suspect to talk, 220 volts to the genitals will probably work better than a medium-rare steak au poivre with shallots, and a robust glass of Côte de Nuits.

Whether the subject can be relied upon to tell you the truth, or just what he thinks you want to hear, is more problematic.  Torture can work–by which I mean you can receive reliable information from it– through the following iterative process:

1) The subject can be induced to talk through physical pain.  You can eventually get someone to tell you something, if enough torture is applied.  To ensure that something is useful,

2) You must be able to verify the subject’s information in whole, and provide…correction if any part of the subject’s statement appears to be untrue.

You must be able to repeat the above steps until the subject is convinced of your ability to verify his statements and punish evasions or subterfuges.  This can, needless to say, become an elaborate process.  If you can’t go through the process, then you don’t really know if you’re getting reliable information from it, or if the subject is shining you on to obtain relief.  Perhaps he’s telling you the truth.  Perhaps he’s just getting you to look askance at an innocent taxi driver in Kabul.

Michael asked:

Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.

Two things come to mind.

First, the vast majority of torture use, both historically, and in the modern world among those regimes that use it, is directed to obtaining confessions of guilt from criminal suspects.  It comes as no surprise that it’s highly effective at obtaining them.  Again, I refer to the Inquisition, where the possibility of death at some unspecified future date became more attractive than than the prospect of a continuance on the rack in the present case.

Second, as I wrote previously, torture does provide more information than would be obtained by abstaining from it.  One wonders, however, how much of that information is actually reliable, as opposed to how much of that information is beleived to be reliable by officials. Or simply politically convenient.  Those two latter  things may not, in fact, be the same as the former.

Finally, the question arises, “who do we torture?”  Certainly, every real terror suspect has some knowledge that can be useful.  Do we get to torture all of them?   Most of the justifications I’ve seen would give us the option to torture someone in a ticking bomb scenario.  Which sounds nice…if you actually know there’s a ticking bomb.  In the normal scheme of things, though, you really need to torture people to find out if a ticking bomb exists, not to figure out where it is.

The vast majority of torture use among those regimes that use it, is directed to obtaining confessions of guilt from criminal suspects.  It comes as no surprise that it’s highly effective at obtaining them.Or do we just torture the higher-ups in the terrorist movement, as a sort of fishing expedition?  This is, I gather, the justification for the interrogation techniques used on some of the al Qaeda biggies.  We thought they were up to something, and we used harsh interrogation to find out what they knew.

The most interesting thing about that is that we didn’t have to brand these guys with hot pokers to get them to give it up.  These guys apparently have little resistance.  Threaten to open a box of StayFree® Maxi-Pads in front of them, and they sing like superstars.  So maybe we got lucky in that some of these guys were easy marks.

But, as the Gestapo experience of WWII shows, sometimes, people will let you torture them to death without telling you anything.  Even in Vietnam, our POWs in Hanoi would resist real, actual torture for extended periods before giving up a “confession” to their captors.

But I digress.

Either you are going to define the torture-liable population so broadly, that officials will pretty much have a license to torture, or so narrowly that, as a practical matter, you’ll never use it.  If the former, you’ve got a slippery slope problem, if the latter, it’s not useful enough to even worry about sanctioning it, rather than just worrying about it on an ad hoc basis.

What would this guy do?

What would this guy do?

Jonah Goldberg has written often about the unwritten law, vs. the written law. Fifty years ago, it was against the law for the police to dispense street justice.  In practice, the beat cop, who walked the same neighborhood day after day and who knew the residents, would occasionally rough up some troublemakers pour encourager les autres, and in so doing, kept the peace on his block.  It wasn’t legally sanctioned, but it worked–and the cop knew that when he did it, he was risking at least his career, if it became a problem.

For a variety of reasons discussed above, as well as other, more prudential reasons in terms of the country’s image, and diplomatic reputation, I’d prefer never to see torture be enshrined in the written law.

I’ve noted before that, when I was on active duty, if I’d ever been faced with getting caught behind enemy lines in a Soviet attack in Europe, I would like to have the option of capturing a Russian officer, and finding out how to get back to our lines.  And, if I had to hook up a field telephone, and make a collect call to his genitals, I’d do it without blinking, if that’s what it took to get my guys back home alive.

I wouldn’t brag about it, or mention it to anyone in responsible authority later, but if I got found out, I’d expect to take the Court-Martial.  And, as long as I’d gotten my guys out, I’d have been happy to do it.

Necessity, it’s often said, knows no law.  But the law shouldn’t explicitly bow to necessity. I would rather have it understood that any torture inflicted is done without sanction, and the official authorizing the torture may be in danger of serious sanctions if he uses it.

It’s probably not the best solution.  But, on balance, I think it’s a better solution than giving the government explicit permission to conduct torture however they see fit.  Torture is problematic for a number of reasons, and the ethics of engaging in it are, at the very least, difficult to parse.  And, as Michael should well know, “hard cases make bad law”.

UPDATE [McQ]: What Dale said.


Torture: What Is It Good For?

Paralleling the song, the answer should be “absolutely nothing” with a testosterone laced “Huhn!” thrown in for good measure. Personally, I have my doubts.

This is not a new topic here at QandO, as my esteemed brethren have weighed in on numerous occasions, each time settling on an emphatic “No! Torture is not acceptable.” While it would be difficult, if not impossible, to put into words the esteem that I hold for my blog brothers, I have to say that I disagree. That may be because I have never been in the military, nor been subjected to anything close to the sort of forced life-or-death decision making that breeds a camaraderie distinct unto itself. And it may be because I have the luxury (thanks to said camaraderie) to simply ponder these things at my leisure. Just the same, I cannot say that I am opposed to torture of our nation’s enemies, nor can I honestly say that any experience will change my opinion.

First, the reason I even broach the subject: release of “secret torture memos” (link added):

President Barack Obama’s administration said it would Thursday release four memos, with sections blacked out, covering the Bush administration’s justification for CIA interrogations of terror suspects … The memos were authored by Jay Bybee and Steven Bradbury, who at the time were lawyers for the then-president George W. Bush’s Justice Department Office of Legal Counsel.

The memos provided the legal framework for a program of interrogations of “war on terror” detainees that included techniques widely regarded as torture such as waterboarding, in which a detainee is made to feel like he is drowning.

I have not read the memos, and I probably won’t. The sole reason being that I’ve slogged through enough of these legal documents to have a pretty good idea of what’s in there, and to know that there is plenty of qualifying language to mitigate whatever damning quotes are eventually culled therefrom. In point of fact, these “memos” are little more than legal research projects specifically drafted so as to provide both the underlying judicial framework for the issue at hand, and the best guess at how the current policy might fit into that framework under certain factual parameters. They are merely legalese for “this is what the law says, and this is how the policy may not run afoul of that law.”

Leaving aside definitional problems (does being confined with an insect constitute “torture”?), let’s just assume that what the memos described was not only policy, but a policy that was carried out. Why is that a bad thing?

Tom Maguire provides some thoughts:

IN OUR NAME: The newly released torture memos are cold-blooded and clearly client-driven – the lawyers knew the answers they wanted and reasoned backwards. Quick thoughts:

1. The US concern about actually harming someone comes through on every page. In fact, at one point (p. 36 of .pdf) the legal team wonders whether it would be illegal for the interrogators to threaten or imply that conditions for the prisoner could get even worse unless they cooperate. I suppose these memos will provide welcome reassurance of our underlying civility to both the world community and the terrorists in it.

2. There are some fascinating legal gymnastics on display. My favorite might be on p. 39, where we learn that Article 16 of the Geneva Convention does not apply because the CIA is operating in areas not under US jurisdiction. Nor do the protections of the US Constitution extend to aliens being held prisoner under US control but abroad outside of US jurisdiction.

However, another contender for the “It Would Take A Lawyer To Think Of This” prize is the argument that waterboarding does not constitute a threat of imminent death because, even though the prisoner thinks they are drowning, they are not, and anyway, the mental effect is transitory and does not result in long term mental harm – call it the “Psych!” defense. (The absence of long term harm comes from the experience of US sailors and soldiers passing through SERE school in the service of their country; whether a jihadist waterboarded by the Great Satan would also rebound psychologically is not explored here). I would think that a game of Russian Roulette played with a fake bullet might pass all these requirements other than the SERE experience.

Tom’s comparison to Russian Roulette intrigues me because I think it is the perfect analogy. I’ve written before that, in my opinion, waterboarding crosses the legal line because of the way the law is written. I’ve never been convinced that the technique crosses any moral boundary because I’m not so sure that it’s any different than placing a caterpillar in the same cell as a man who’s deathly afraid of caterpillars. Playing on the mind’s fears is part and parcel of both manipulation and torture, but does not mean that the two are equivalent. Morally speaking, therefore, I have doubts that techniques akin to waterboarding amount to “torture” per se.

But assuming that they do, again, what exactly is the problem? Aficionados of the subject will say that torture is ineffectual. Yet, Khalid Shaikh Mohammed would appear to be a test case in contrast to that wisdom, as would the fact that our own soldiers are routinely informed that “everyone breaks eventually.” Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.

Even leaving aside the efficacy vel non of torture, does it hold such moral deficiency as to abandon it altogether? Here I plead ignorance because, in my mind, I view enemies to my country as enemies to my family. By that I mean, if anyone were to hurt, or even threaten to hurt, a member of my family, I can’t even begin to express the unholy hell I would visit upon such a cretin. When I view A Time To Kill I can’t help but think that that the murderous, rapist scum got off too lightly (which, of course, was the point of Grisham’s characterization). Other than the fear of anything nefarious happening to my children, my greatest fear is of what I would try to do to those who hurt them or even suggested that they might do so. I have the same feeling when it comes to anyone who seeks to destroy my country and her citizens with whom I’ve (gratefully) cast my lot. My morality directs me to say that what any of you visit upon the least of my fellow countrymen, I will repay you a thousandfold and more. That may be my Irish bravado speaking, but it speaks as honestly as any man possibly can.

So I am left with the conundrum of how my actions in response to an attack on my family should be any different than an attack on my country, and why I should feel any differently about the perpetrators of such actions, whether they have followed through with their plans or not. I understand that my response — i.e. the sanctioning of “torture” — may not be entirely rational. Indeed, if a firetruck runs over my child while rushing to save an orphanage, I would feel no less grief, and probably wish an equal amount of horror upon the transgressors as I would upon 19 hijackers who murdered 3,000 of of my fellow citizens. In fact, probably more. There is nothing particularly rational in such a response. But I have little confidence that, should I have the chance to avoid either disaster, I would refrain from running the perpetrators’ minds through a psychological cheese grater if there was even a small chance that the disaster could be avoided. That may be little more than a testament to my weakness as a moral human being, but I think that I’m not alone.

Torture, however defined, is not a pretty thing. I make no bones about having zero regard for my enemies (i.e. those who want to destroy my country a la 9/11). If subjecting them to extreme psychological and/or physical discomfort, or the threat of such, will prevent further attacks, then I confess that I am happy to reward those monsters with the penalty they richly deserve. I accept that I may be wrong in such thinking, but I don’t find that case has been successfully made as of yet. Indeed, I defy you to take this test and declare that “torture” can never be acceptable.

The ultimate point is, torture is a horrible thing and should be avoided if at all humanly possible. But, unfortunately, we live in a world where the “humanly possible” has limits. In those cases, why is it that torture should be off limits? Is there a rational reason? I’m willing to be convinced, but I have my doubts.

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