Letter from The U.K.

DEFENDING TORTURE AND PROTECTING TORTURERS

By Michael Faulkner – July 19, 2009

When Republican Senator and presidential candidate, Barry Goldwater, proclaimed in 1964 that “moderation in the face of tyranny is no virtue; extremism in defence of liberty is no vice”, he provided the flimsy intellectual cover which later enabled Reagan and Bush to prosecute their ideological wars against the “Evil Empire” and the “Axis of Evil”.  Such a cover was unnecessary of course. The CIA had for years been engaged in a wide range of dirty tricks involving attempted assassination of “troublesome” heads of state, destabilisation and overthrow of elected governments deemed “unfriendly” to U.S. interests, arming and funding of right-wing death squads, economic sabotage and so on. Such noble endeavours in defence of the “free world” stretched back to the 1940s.  There is no doubt that in the course of such endeavours torture played a part, perpetrated either directly by U.S. operatives, or by proxies.  Needless to say, this has always been denied. It continued to be denied even after irrefutable evidence to the contrary was made public following the invasion of Iraq. “We do not torture”, claimed Bush, Cheney and Rice, even as the photographic evidence from Abu Ghraib and the testimonies from those tortured at Guantanamo reached the eyes and ears of the world.

The Bush administration’s sanctioning of torture in its prosecution of the “war on terror” relied on the usual resort to euphemism about the practices employed. Waterboarding and prolonged sleep deprivation were not forms of torture. They were “enhanced interrogation techniques”, rather as kidnapping of suspects and transferring them to black hole detention centres was “extraordinary rendition.”  Employment of this Orwellian terminology leads easily to the convenient conclusion that as long as the “enhanced techniques” stop short of killing the sufferer, they do not amount to torture. Or, put bluntly in the words of Johathan Fredman, former chief counsel to the interrogators, “if the detainee dies, you’re doing it wrong.”  On the basis of this logic, the Gestapo, no slouches at subjecting their victims to unspeakable physical and mental torments from which death might have been a welcome release, were not torturers but practitioners of enhanced interrogation.  The perpetrators of such techniques and their defenders do not appear too interested in engaging in moral arguments about what they do. They prefer to talk about the efficacy of the interrogations. They are pragmatists – like Dick Cheney.

In a recent lecture to the American Enterprise Institute, the former Vice President opened fire rhetorically on the Obama Administration. The new president’s declared intention to ban the torture techniques sanctioned by his predecessor, was, according to Cheney, making “the American people less safe.” In the style of his mentor, Barry Goldwater, he concluded  that it was ”recklessness cloaked in righteousness.” It is to be hoped that Obama will resist pressure from this quarter, the clear intention of which is to derail his plans to make a clean break with the Bush administration’s practices. But one should not underestimate the determination of the Bush-Cheney camp to undermine the new president. Cheney’s case in defence of torture is clearly indefensible on moral grounds. But it is almost equally weak on pragmatic grounds.

His case is that some valuable evidence has been extracted from terror suspects interrogated in this way. As he does not reveal what this information might be, there is no way to substantiate his claims.  It is, however, widely accepted that under torture people are very likely to tell their interrogators what they want to hear in order to gain relief from their torments.  It is possible to imagine extreme circumstances in which torturers may succeed in extracting valuable information through use of barbaric methods which nevertheless do not involve inflicting physical pain. In World War Two it is known that the Nazis managed to extract information from members of the resistance movements who were unlikely to buckle under physical torture, by threatening to kill their spouses, their children or other entirely innocent people. To make such threats effective, the perpetrators would have to be prepared to carry out their threats – and, of course, the Gestapo were prepared to do so. Would the pragmatist Cheney be prepared to defend such practices? Perhaps he might try to argue that such extremism, in defence of liberty, is no vice.

It seems clear that this is a populist bid to appeal to “the American people”. Newly appointed director of the CIA, Leon Panetta, on hearing Cheney’s speech, is reported in a recent New Yorker article as saying “it’s almost as if he’s wishing that this country would be attacked again, in order to make his point.” It certainly looks that way. But without going that far it seems clear that the Cheney-Bush brigade are actively engaged in trying to reclaim the political initiative. There is a possibility that another Al Qaeda attack could be launched against the U.S. or somewhere else in the world. Should such an attack occur it will play straight into the hands of the neo-conservatives. The direction of their propaganda offensive is clear. The needs of “national security” take precedence over all other considerations, including the rule of law in the U.S. and international law. How perceived “enemies of the state” are dealt with will come very low down the list of priorities when the security of the whole nation is at stake. Without resorting to claims of plots and conspiracies, it seems clear that at the very least the intention is to scare the Obama administration into back-tracking on its commitments rigorously to  enforce the rule of law and the practice of transparency in its foreign and domestic policy. There are already signs that some of the president’s pre-election commitments are being dropped.

One can see how the arguments might run: We mustn’t alienate too many Republican supporters and sections of the military. Therefore, we must be careful about releasing compromising evidence about torture. We should not get too hung up on the past. We do not want to appear vindictive to those who worked for the Bush administration. Therefore we cannot prosecute those guilty of breaking the law – after all, they were only obeying orders. And so on. One thing seems clear. If the “national security” scaremongers are allowed to claim the political high ground, the Obama administration will be forced onto the defensive. That position could lead to a succession of unprincipled compromises, none of which will be sufficient to satisfy the voracity of the Republican right.

The Bush administration used the 9/11 atrocity to justify the attacks on Afghanistan and Iraq and to seriously undermine the rule of law in the United States through the Patriot Act and other legislation.  While the parallel should not be pushed too far (Bush did not destroy democracy in the U.S.) there are certain similarities with the situation in Germany in 1932-33. The Nazis exploited the Reichstag fire to push through an Enabling Act which allowed Hitler to rule by decree. While this met with huge opposition, the majority of Germans were deceived into believing that there was an immediate threat to national security from “red terrorists”.  Legislation was introduced to enable perceived “terrorists” and other “enemies of the state” to be taken into “protective custody”.  All who opposed such measures were labelled “anti German” and denounced as proponents of the “Un-German” spirit.  The point about this is that it was all done in the name of national security. The majority of Germans didn’t want to know about what happened to those detained in concentration camps and Gestapo torture chambers. As “terrorists” and “enemies of the state” they had it coming to them. By the time the eyes of the majority were opened to the fact that they were living under a dictatorship, it was too late.

Perhaps this sounds wildly pessimistic. No-one is suggesting that such a prospect faces the United States even if the Republicans were to re-take Congress and the Presidency. It is to be hoped – and there are good grounds for hoping – that the liberal tide will continue to run. Obama was elected with a ground-swell of popular support not seen for any candidate since F.D. Roosevelt. But it seems that what appeared to have the character of a mass- movement last year, has faded away. Without the mass base to sustain him there is no guarantee that Obama will be able to deliver the progressive programme that he was elected to fulfil.  Given the enormity of the task facing him, he will need to remain resolute in his commitment to those who have placed so much confidence in him.   tpjmagazine.us

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