As for the slippery-slope caterwauling, the opposite is true. The slope
toward more torture and abuse has gone up, not down, and it is today more
difficult to climb than ever. According to existing law and Justice
Department rulings, the practice has been proscribed for several years now -
except, that is, for the thousands of U.S. servicemen who've been subjected
to it by the U.S. military as part of their training.
The current debate over legislation to ban waterboarding in all
circumstances stinks of political opportunism. Democrats want to claim that
Republicans are "pro-torture" if they vote against the legislation. Others
are hoping to advance criminal prosecutions of CIA operatives who used the
techniques sparingly and with approval from both the White House and
Congress, and from both parties.
I don't like waterboarding, and I hope we never use it again. I have respect
for those who believe it should be banned in all circumstances. But I do not
weep that Khalid Sheikh Mohammed spent somewhere between .03 and .06 seconds
feeling like he was drowning for every person he allegedly helped murder on
9/11.
Then again, I think it would horrific if we used that logic to justify
waterboarding. It's not a technique that should be used for punishment. Nor
do I think that evidence obtained from forced confessions should be used in
trial. Those are paving stones on the road to a torture state.
But, given the circumstances at the time, I think the decision to waterboard
these three men was right and certainly defensible.
The editors of USA Today disagree. They say that the decision to use
waterboarding "was understandable in the frenzied aftermath of the 9/11 and
anthrax attacks. What's inexplicable, however, is why, after having several
years to assess the matter deliberately, the Bush administration continues
to resist efforts to ban waterboarding."
It's only inexplicable if you think we'll never have a "frenzied" moment
like that again. Let's hope.
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