Michael Otterman's powerful book, 
Monday, October 29, 2007
The Waterboard Effect: More Victims Claimed
The ripple effect of Michael Mukasey's evasive, Alberto Gonzales-esque views on waterboarding continue to spread. Last week, Rudy Giuliani applauded Mukasey's semantic view that waterboarding is only torture "if it is unconstitutional". Giuliani blamed the "liberal media" for giving waterboarding a bad name [funny, I though the Inquisition would have done the trick] and claimed: "It depends on how it’s done. It depends on the circumstances. It depends on who does it." I have to hand it to Rudy-- There's never before been such a frank declaration of current US torture policy. Simply stated: If it's done to us, it's torture. If we do it, it's an "enhanced" technique.
As Marty Lederman expertly explains here, Mukasey has good reason to publicly swear off waterboarding. Plus, his nomination may depend on it. Several ranking Democrats--Biden, Durbin, and Leahey-- have pledged to vote "no" on Mukasey unless he states waterboarding is clear-cut torture under US law. Apart from some "concern" by Arlen Specter, the only Republican to break ranks on this issue is Viet Cong torture-victim John McCain. Well, sort of break ranks.
On ABC’s This Week, McCain said: "Anybody who does not know if waterboarding is torture or not has no experience in the conduct warfare and national security." In Iowa, he added: "People who have worn the uniform and had the experience know that this is a terrible and odious practice and should never be condoned in the U.S. We are a better nation than that... It is a horrible torture technique used by Pol Pot and being used on Buddhist monks as we speak.”
McCain is spot-on, almost inspiring. So then, will he vote to confirm an Attorney General that will approve waterboarding?
McCain: I can't be that absolute. But I want to know his answer. I want to know his answer. Obviously, you judge a candidate for office or nominee for office on the entire record.
McCain is truly a tragic figure. He knows what's right-- but must pander to the Torture Right in the race for '08.
As Marty Lederman expertly explains here, Mukasey has good reason to publicly swear off waterboarding. Plus, his nomination may depend on it. Several ranking Democrats--Biden, Durbin, and Leahey-- have pledged to vote "no" on Mukasey unless he states waterboarding is clear-cut torture under US law. Apart from some "concern" by Arlen Specter, the only Republican to break ranks on this issue is Viet Cong torture-victim John McCain. Well, sort of break ranks.
On ABC’s This Week, McCain said: "Anybody who does not know if waterboarding is torture or not has no experience in the conduct warfare and national security." In Iowa, he added: "People who have worn the uniform and had the experience know that this is a terrible and odious practice and should never be condoned in the U.S. We are a better nation than that... It is a horrible torture technique used by Pol Pot and being used on Buddhist monks as we speak.”
McCain is spot-on, almost inspiring. So then, will he vote to confirm an Attorney General that will approve waterboarding?
McCain: I can't be that absolute. But I want to know his answer. I want to know his answer. Obviously, you judge a candidate for office or nominee for office on the entire record.
McCain is truly a tragic figure. He knows what's right-- but must pander to the Torture Right in the race for '08.