Moon of Alabama Brecht quote
November 6, 2007
Torture Nomination Approved

With two Democratic Senators’ votes the Senate
Judiciary Committee approved Mukasey’s nomination to head the
Justice Department. Another torture advocate will occupy the highest legal office of the United States.

There was and is one point missing in the hearings and the public discussion about Mukasey and torture. What about torturing innocents?

There are 2 million people imprisoned in the U.S. It is certain that some of these are not guilty. Even with all due process, assumption of innocence and appeal procedures, some innocent people are trapped as guilty by misleading circumstances. The society has agreed to take that risk and is trying to minimize it.

But the assumption in the discussion about torture seems to be that only "terrorists" will have to endure it. It is very unlikely that all accused as "terrorists" are such. As due process and appeals are missing in processing "terrorists", the number of ‘false positives’ of the test hypothesis ‘is terrorist’ is likely much higher than those in the legal trial test hypothesis ‘is guilty of the crime’.

The question to the society should therefore be about "torturing innocents", not about "torturing terrorists" as it is asked during the current discussion.

The question is: "How many innocent shall be tortured to get a, possibly false, confession from a terrorist?"

Has someone asked Mukasey? Or Senators Feinstein and Schumer?

Comments

that is the point i have been making – crudely, it seems
for the cheney bush junta – no one is innocent – under all circumstances
& yes yr quite correct – what is used against ‘terrorists’ is finally used against everybody
the patriot acts made this very clear indeed. there are no civil rights. & the poorer you are – the less likely that you are even aware of their existence – on the contrary the lived existence of such people are the essential absence of all civil rights
even in the general governments & ‘protectorates’ – people like heydrich, kaltenbrunner or hans frank never had as much power

Posted by: remembereringgiap | Nov 6 2007 17:57 utc | 1

At first glance it appears that you are missing the point here b.
1) Who is going to decide whether this defendant is innocent or not before applying torture? Dumb question right?
2) What and who is a “terrorist”; could be you or me because we talk about overthrowing govts etc. Point is, the label ‘terrorist’ was invented for the purpose of blaming someone else for massacres perpetrated by the govt itself. Second definition: anyone who disagrees with his own or another govt and mentions, threatens or acts in a violent manner. Govt gotta keep this type under strict control doncha know.
3) Govt must maintain public fear by any means necessary, and torture is a good one to have in portfolio of fear inducers. Which brings us to (4) which you can throw out at your own discretion.
4) Those psychopaths now in control of govt just luuuv to cause pain and death; in fact one premise has it that they require this in order to gain, use and hold power. Pain & death feeds these beings in a physically unexplained way.
Your above post seems to suggest that torture might just be OK as long as we make sure not to torture the innocent. Please reassure me that you have not stepped over that line.

Posted by: rapt | Nov 6 2007 18:14 utc | 2

@rapt – I reassure you that I have not stepped over that line.
Torture is under ALL circumstances criminal and despicable.

Posted by: b | Nov 6 2007 18:54 utc | 3

@rapt again – sorry if that wasn’t not clear from the post.
The post acknowledges that there is a discussion in the U.S. about torture. I find that in itself unbelievable and abhorrend, but it is the case. The society has to argue about it to come again to some sense. I wanted to add to that argument.

Posted by: b | Nov 6 2007 18:58 utc | 4

we know as night follows day – that in that 3 million prison population within the belly of the beast – that torture is being practiced – ritually & systematically
since the patriot acts has given it its jurisprudential favour & prejudice
all of the political prisoners since the 60’s have spoken of it, written about it – most exemplarily by george jackson but you can find testimony on the site ‘jericho movement’
torture is as american as the price is right

Posted by: remembereringgiap | Nov 6 2007 19:01 utc | 5

Regarding above comments:
The U.S. Constitution forbids cruel punishment (torture) for the guilty, and no punishment ever for someone who has not been convicted by a jury of his peers. The whole argument, as b has pointed out, makes no sense unless one throws the U.S. Constitution out the window.
In addition, it is my understanding that it is against the Geneva Conventions to even threaten torture, much less torture. Is this correct?
The U.S. leaders are guilty, without a doubt, of War Crimes.
And rgiap is correct – torture has been used by the U.S. long before this current administration. But now it appears to be openly accepted by many. It is all almost unbelievable, but it is true.
I am ashamed beyond measure of my government at this lowest moment in our history.

Posted by: Rick | Nov 6 2007 19:40 utc | 6

rick
yours is not the only government which practices tortures but it is the only one which goes to great lengths to conceal what is a given fact
at the moment in this world – there is enough shame for all of us

Posted by: remembereringgiap | Nov 6 2007 19:52 utc | 7

@rgiap what is used against ‘terrorists’ is finally used against everybody Absolutely correct and I wonder if people are aware of the extent of population control being used to keep Baghdad the biggest outdoor prison camp under control. amerika has learned it’s lesson from Israeli control of Gaza well and amerikans should take heed because just as the helicopter was first used to conrol the streets of Saigon before being introduced into East LA then other poor urban neighbourhoods in amerika. What has been going on in Baghdad will soon be in the skies of amerika.
This isn’t as off topic as it seems because torture will be a major part of what is coming.
A couple of weeks ago the BBC had an interview with a chap who is developing a system to identify people by their gait. That is to be able to tell one person from another by the way they walk. This isn’t as silly as it seems there are a number of individual characteristics some based on physique such as the length of a stride and others based on stance and attitude (angle of back, head up or down) which when judged in combination can identify an individual with considerable accuracy.
The research has been spoken of occasionally since 911 particular emphasis on catching terra-ists in 2002. Most people put it out of their minds as more bullshit science fiction. But DARPA have been funding programs at Georgia Tech and this one in england at The University of Southampton.
I mention this because during the interview one of the scientists let slip that the programs are up and running on drones that circle over Baghdad.
He said “We should be able to get a drone that can stay up and in position regularly patrolling an area without needing to come down for 5 years. After all we’ve got them staying up over Baghdad for 6 months non-stop at the moment.”
I looked on the web but the information is limited. This Israeli press release is one of the few.
Torture comes in because that is the next step. A person is identified as having been in an area where some crime has been reported. Perhaps they’ve even been tracked to their home. Well the only way to ‘prove’ that is to give em the ‘old feel like they’re drowning’ routine.
Years ago during my law study phase I had a professor of criminology who reckoned the fairest justice system man could construct would be one where all citizens names were thrown in a hat (computer) and a set percentage were randomly selected for torture until they confessed their crimes.
Of course this program won’t do that just like police patrol cars these drones will concentrate on areas of poor people whose crimes are going to be immediate and obvious rather that wealthier areas where the crimes are much larger but usually better hidden.
Gaza and Baghdad are an attempt to solve the basic obstacle to this system of policing. If one lives in an area of low population density having a drone over the area isn’t cost effective. So the Palestinian and Iraqi people have been herded into enclaves to be controlled. Very similar to large urban slums except the ME people were herded using guns whereas the process in urban amerika has been quieter, done with planning regulations and rents.
Of course there are exceptions like during Katrina when the New Orleans inmates tried to escape through Gretna, but were held at gunpoint until they could be transported to be spread around other existing ghettos in other urban slums.
Wheeeeeeeeeeeeeeee! Here we go, hurtling closer to the precipice.

Posted by: Debs is dead | Nov 6 2007 20:06 utc | 8

Tonight on PBS: Frontline
FRONTLINE/World:
Extraordinary Rendition

Hear first-hand accounts from those detained and interrogated at secret CIA prisons.
FRONTLINE/World begins a new season of investigations this November with a story about the CIA’s controversial rendition program. Five years ago, award-winning journalist Stephen Grey left his job at The Sunday Times in London to investigate one of the darkest sides of the Bush Administration’s war on terror. Beginning with the mysterious flight logs of secret CIA flights, Grey and others uncovered a secret CIA prison system involving countries like Egypt, Jordan, and Morocco, and the CIA’s own “black sites,” where the White House authorized “enhanced interrogation techniques,” which critics say amount to torture.

Posted by: Rick | Nov 6 2007 21:05 utc | 9

Thanks, B. I can’t tell you how important it is to have this sane perspective when we are living in the fishbowl itself (where all sight of the actual real issues is drowned out by making a lot of noise asking the wrong questions to distract the public from the fundamental issues at stake). Your posts such as this one keep us grounded and focused on what really matters. I only wish they could be read by a larger audience.
Americans have come to be waaaaaaaaaaaaay too comfortable with their liberties and to take them far too much for granted. We are all going to pay an inordinately steep price for our carelessness. By the time the average Joe realizes what has hit this country, it will be far too late.

Posted by: Bea | Nov 6 2007 22:18 utc | 10

these are sinister times
when the empire cannot even keep within its own jurisprudence. a jurisprudence already heavily weighted against the marginalised, the poor or the simply independant
as in the way they wage war – they wage law – they make it up as they go along – depending at all times in a complicit media & a silent electorate
based as i have sd on an unremitting hatred of the people, especially of their own
it is not so strange that a relentless analyst of fascism – wilhelm reich – in two books : ‘character analysis’, ‘the mass psychology of fascism’ reveals with great power why even at the gestural bas the cheney bush junta reveal an unparalleled corruption
when even on nbc a keith olberrmann speaks of this administration as a criminal conspiracy – the ghosts of nixon & reagan paling into comparison with the jurisprudential juggernaut careering towards catastrophe whith cheny at the wheel – sleeping

Posted by: remembereringgiap | Nov 7 2007 1:44 utc | 11

sorry for not commenting on you post earlier b , its too depressing.

Posted by: annie | Nov 7 2007 1:59 utc | 12

This slightly OT, and I may have heard it hear, but I don’t think so.
The term word “terrorist” comes from the French “Terroriste” and such a critter was “…in its original meaning, a Jacobin leader who ruled France during la Terreur.” — that is the then French gov’t, such as it was when heads were being lopped of like cabbages.
That is, the original “terrorists” were rulers.
This confirms what I have long: all the bombs are in the hands of terrorists!

Posted by: Chuck Cliff | Nov 7 2007 5:47 utc | 13

CIA Rendition: The Smoking Gun Cable

.. one recalled to me for a PBS “Frontline” to be broadcast tonight, an incredible story of his treatment over the previous two years: of how questioned at first by Americans, by the FBI and then CIA, of how he was threatened with torture. And then how he was rendered to a jail cell in Egypt where the threats became a reality.

This was a subject about which he said he knew nothing and had difficulty even coming up with a story.”
Al Libi indicated that his interrogators did not like his responses and then “placed him in a small box approximately 50cm X 50cm [20 inches x 20 inches].” He claimed he was held in the box for approximately 17 hours. When he was let out of the box, al Libi claims that he was given a last opportunity to “tell the truth.” When al Libi did not satisfy the interrogator, al Libi claimed that “he was knocked over with an arm thrust across his chest and he fell on his back.” Al Libi told CIA debriefers that he then “was punched for 15 minutes.” (Sourced to CIA cable, Feb. 5, 2004).
Here was a cable then that informed Washington that one of the key pieces of evidence for the Iraq war — the al Qaeda/Iraq link — was not only false but extracted by effectively burying a prisoner alive.

Posted by: b | Nov 7 2007 6:47 utc | 14

Innocent or guilty should not come into it. Not because innocents may be tortured unjustly, and not because it is unjust to torture the guilty, but mostly because torture should not be used for punishment. The fact that it is used for punishment and that interrogation and punishment are conflated somehow when dealing with the incarcerated, should not confuse the fundamental argument against torture. No circumstances of any sort justify it against anyone not even against a Cheney, Yoo, Addington, Rumsfeld, Cambone or any other monster or alien being.
This is similar to the argument against the death penalty on because mistaken conviction result in irreversible penalties. The core of argument against capital punishment is not based upon mistaken identities and the core of the argument against torture is not whether there is information to be extracted.

Posted by: YY | Nov 7 2007 10:21 utc | 15

@YY – This is similar to the argument against the death penalty on because mistaken conviction result in irreversible penalties. The core of argument against capital punishment is not based upon mistaken identities and the core of the argument against torture is not whether there is information to be extracted.
I totally agree. But I believe raising the question can help in discussions with torture apologists to show where there thinking is leading to.
But maybe I am wrong here.

Posted by: b | Nov 7 2007 11:07 utc | 16

Thank you for this. In all the mindfuck about Mukasey’s SJC hearings, it all devolved down to ONE particular torture practice rather than torture, in any form, itself or its victims or the role of an elected executive vis a vis the LAW in a trumped up illegal war. From a very far away land, we are just afraid of the next piece of turd that the US electoral system drops on us all. BTW we are equally complicit and have ceded all sense of dignity.

Posted by: sona | Nov 7 2007 11:44 utc | 17

b,
Actually, discovery of mistaken convictions has had significant effect in the argument against capital punishment.
Execution, to the extent it is practiced is not to punish with pain resulting in death. Ideally it should just cause life to cease with as little suffering as possible, so one would interpret. Not that this makes it right.
Issues such as effectiveness (or not) tend to obscure the cruelty which is fundamental to torture. One hears arguments about the non-lethality of the procedures as if that justified it. The stuff about being short of organ failure is precisely an argument that says one step short of painful death is acceptable.
I don’t think expanding the argument out to possible innocents or ordinary citizens becoming subject to torture will convince those who are intent on punishing the guilty to wake up. The simple argument of not inflicting pain is more convincing.

Posted by: YY | Nov 7 2007 13:55 utc | 18

OK I will be the contrarian again.
Logic and convincing the other by lawyerly means are entirely inappropriate to any discussion of torture.
Since torture is inhuman it cannot be discussed in the context of its appropriateness as a means either of punishment or of extracting information. It is not openly advocated as punishment (#1) as it is agreed to be inhumane, and it has been proven to be useless as a tool for extraction of useful information (#2).
Torture must be defined as an act alien to the human race and absolutely prohibited under any conceivable circumstance. I think all here will agree with this.
Those who disagree, and practice or sanction torture in any form, for any purpose, must be categorised as at least partially non-human and cannot be allowed (by the human race) to attain or retain a position of power over any human. Easier said than done I know, but at least please quit speaking of this horror as if it were a legitimate public policy discussion.

Posted by: rapt | Nov 7 2007 14:54 utc | 19

Went to a talk at the weekend by UK human rights lawyer Geoffrey Robertson at a showing of Kevin Brownlow’s 1975 film about British proto-Communist Gerrard Winstanley.
Robertson is much exercised by the resurgence of torture currently favoured by western powers. (Torture was apparently not part of English common law, and in the run-up to the English civil war was abolished here c1638).
Robertson noted that one of the founders of Harvard, Hugh Peter, who preached at Oliver Cromwell’s funeral, was after the 1660 Restoration convicted of high treason and sentenced to death. Peter was tortured to death at Charing Cross in central London – hung, disembowelled while still alive, and his entrails fed to the fire lit under him so that he might die “smelling his own stench” as Robertson put it.
The Cheneyites have taken us right back there.

Posted by: Dismal Science | Nov 7 2007 18:55 utc | 20

& yes yr quite correct – what is used against ‘terrorists’ is finally used against everybody – rgiap wrote.
That is of course right, but I would put it differently. We know that torture goes on anyway, and not just in axis-of-evil countries, but in many places. We know also for ex. that EU Gvmts. etc. are complicit (renditions etc.- torture *outsourced.*) The point is rather to legitimize torture, render it official, and this for one reason only: to instill fear and control people. (Oh I see that rapt says more or less the same thing. I should read everything before I write. and then r giap says torture goes on ..)
All this has nothing to do with ‘terrorists’ who are arbitrarily killed and tortured anyway, except insofar that doing cruel things to evil people to save lives (etc. etc.) serves to bring the topic up.
To continue to parrot (in part) the excellent posters above, guilt and innocence are not at issue here, except if -as in argument- torture is viewed as cruel punishment for the guilty, whereupon it’s use relates to moral argument about punishment, see reviewing the Middle Ages, Geneva Conventions, Constitution, issues of ‘proved’ guilt, etc.
US leaders and media, pundits and bloggers, have presented the issue not in these terms, in the main, but in terms of instrumentality or functionality: torture is a useful tool in a struggle (war, fight, etc.) The aim is to gather information that would remain hidden otherwise, or can’t be obtained any other way. (In this way they evacuate, or try to override, moral arguments, .. very persuasive.)
The anti-torture crowd, progressives, the left, etc. have backed off from this, by simply stating that ‘torture doesn’t work’ and/or falling back on moral considerations.
That ‘torture doesn’t work’ is obvious nonsense, both in the popular imagination, and in real life (ww2 for ex; and those who cracked under torture were often forgiven by their mates..) but the ‘left’ can’t enter this terrain, because it would mean saying that ‘terrorists’ are a negligible entity and don’t have any information to give up. That they cannot, or will not, do. Because they accept the whole framework – and so silently accept torture is carried out while posturing on the moral high ground. In the next 5 minutes, they will tell you that homosexuality can’t be considered wrong, such moral issues are outdated bullsh*t, etc. etc. (Ok there is question of harm, insult in its original sense, but that is hard to handle too…) So they get tied up in horrid contradictions and then have to retreat.
I’m on the side of rapt (in the post above) but on the ground things are different.

Posted by: Tangerine | Nov 7 2007 18:57 utc | 21