Originally posted by: BMW540I6speed
Originally posted by: TastesLikeChicken
Originally posted by: Atomic Playboy
Originally posted by: TastesLikeChicken
The grave danger I spoke about previously is making our interrogation methods known to the world. The memo discusses exactly how they have to performed and that removes any fear and all bite from them, effectively eradicating any potential coersion. That's what's going to come back and bite us in the ass. Our enemies know exactly what we do now. Cheney releasing the memos at this point on the suceses of those methods doesn't change a thing, so trying to paint me as some hypocrite for bitching about the original memos being released just doesn't fly because you haven't comprehended why I was complaining in the first place.
In addition, this has already been cherry-picked to favor one political side of the aisle. It's alittle too late to claim it's not fair if we even out the story and tell both sides. That doesn't fly either.
In regard to your claim that torture may be effective, that could be so. That's not my claim though. My claim is that our interrogation methods, which nobody has actually shown to qualify legally as torture under our laws, were effective. All the hullabaloo with conflating how the Chinese, Russians, Nazis or anyone else applied their techniques (just like Jonks did in his post above) is a lame attempt at equivocation and is ultimately pure FUD.
How, in your mind, does someone knowing about a specific method of torture make it less effective? If I owe money to the mob, and I know that they will rip out my fingernails with pliers if they catch me, it's not going to make me more likely to get caught. It's certainly not going to make me think, "meh, I already know what to expect, so this will be a cakewalk." Torture is torture. Knowing about it in advance isn't going to make ripping someone's fingernails off with pliers any less painful. Knowing about waterboarding in advance isn't going to make it a comfortable experience.
Jessus jumping H on a pogo stick. Erm, we aren't ripping out fingernails. We aren't inserting bamboo shoots under them either. We aren't attaching jumper cables to testicles and pumping up the juice or anything resembling that.
The hyperbole on this subject is outrageous. You guys are trying to make it sound like we're placing the detainess in iron maidens and Igor is stretching them out on the rack. It's no wonder that none of you can have any sort of level-headed discussion about this when you blow the methods we used completely out of proportion and try to wrongly equate them with all sorts of atrocities.
When you overstate your case like that, you lose any credibility on the issue. You are trying to turn into a bunch of screaming twits yelling 'OMG, TORTURE TORTURE TORTURE.' I can only think that the reason people are doing that is to attempt to drown out anyone who wants to reasonably discuss the aspects of this because you guys know that, essentially, you don't have any reasonable counter argument.
Don't even bother Atomic, he either disregarded your point, or it went right over his head like an erant bucket of water over a detainee's head. It's silly to think that a terrorist bent on myrtardom for his cause, is goint to feel "comfort" because our torture methods are known. He won't answer the ends/means questions. If waterboarding isnt torture...You waterboard someone almost 200 times in a month time-period and do not get the information you want, do you bring in his family and waterboard them in the hope he will crack and get your desired results. After all it isnt torture, right?. where is the line drawn for interrogation, then? Which methods are acceptable and which aren't?. How are they defined. By government bureaucrats such as Rumsfeld & Cheney?
America, both sides of it, know well that what they did was torture. It was not only waterboarding, detainees have died from these techniques. The Justice Department tried to provide a legal cover which we also know does not hold water. It was just meant as a fig leaf to cover their asses. No one believes it has any merit, legal or otherwise. We all know America tortured. It is just that some do not want to admit it so they will go around and around muddying the water, saying waterboarding is not torture, when in fact it has always been regarded as torture by America and by the other civilized nations. These are the same type people who called Abu Ghraib a "frat house party" without taking into account how it damaged America in cost, credibility, goodwill and time in the Iraq war.
United States has a history of treating water boarding as torture and a war crime, for example, the prosecution of Yukio Asano after WWII. It was torture them, but its not now?
This is just another way he is arguing that both the norms do not exist and even if they did, are unsuccessful. Its is a metaphysical question. but he just dismisses all of them with his naked assertions. This shuts down conversation.
He believes that norms, and by extension, normative propositions are just matters of opinion and have no binding force. He is completely wrong. Norms inform the very law and legal process that he so fetishizes. The fact that a particular law might not exist in such a way around the relevant norm does not mean that the norm itself does not govern. It is also perfectly easy to derive a legal opinion from a reading of the law that undermines the very norm it is itself derived from.
Whether or not norms are "facts" is beside the point. They govern behavior in the absence of law and in its interstices. The law, in its slow, blunt, and lumbering way tries to keep up with norms. It often fails, as law itself is a living thing and its creation is a political process.
He brings this same tedious line of reasoning to every argument. He tries to reduce every consideration to the level of a legal opinion, devoid of context, devoid of the norms from which norms are derived, and devoid of the actual responsibility people have for propagating opinions and institutions. This is certainly consistent with his world view.
One can chase fine distinctions in the law and become quite lost in the details, especially when different statutes or precedents do not completely agree with each other or apply to the matter at hand. I presume this is the "common sense" factor. We are not talking about bureaucratic niceties, we are talking about taking a man's head and slamming it forcefully into a wall. Not giving due consideration to the act itself and how it intersects with our norms and our laws in other contexts is exactly what causes this sort of banal, bureaucratic denial.
Government officials don't have the legal authority to torture prisoners. They don't have the authority to slam prisoner's heads into walls, they don't have the authority to sting them with insects, they don't have the authority to leave them chained to walls in piles of their own filth for weeks, they don't have the authority to subject them to hypothermia, they don't have the authority to starve them, they don't have the authority to sodomize them.
It's not that terrorists don't deserve to be tortured. It's that government bureaucrats don't deserve the authority to torture. You want to give a government bureaucrat the authority to torture you whenever he feels like it?. You know what we call a government that has the unaccountable power to torture? Tyranny. Some might enjoy living under a government that can torture anyone it likes. The rest of us prefer freedom, thank you.