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LUCKYDOG

Honest differences are often a healthy sign of progress - Ghandi
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Bush Is Right to Worry If Waterboarding Is Defined as Torture

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We should take the criminality of the Bush administration's torture policy seriously, and that means making sure they are not above the law.

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6.4
{"commentId":1170246,"authorDomain":"luckydog"}

If any president ever had cause to worry about going to jail, this one should.

{"commentId":1170246,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 5 votes
Reply#1 - Thu Nov 8, 2007 9:45 PM EST
{"commentId":1170294,"authorDomain":"Boothby"}
Bush Is Right to Worry If Waterboarding Is Defined as Torture

Actually, probably not. You can't prosecute someone for something done before it was specifically against the law. Its forbidden as Ex Post Facto and unconstitutional.

If its not specifically against the law for someone to do something yesterday, and a law is passed making it illegal, you can't prosecute then for having done it before it was specifically against the law.

This is why lawyers suck. ;)

{"commentId":1170294,"threadId":"173486","contentId":"1083778","authorDomain":"Boothby"}
  • 1 vote
Reply#2 - Thu Nov 8, 2007 10:02 PM EST
{"commentId":1170352,"authorDomain":"luckydog"}

Water boarding is illegal. We sentenced a Japanese officer to 15 years hard labor for water boarding Allied Prisoners of War.

{"commentId":1170352,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 5 votes
#2.1 - Thu Nov 8, 2007 10:22 PM EST
{"commentId":1170584,"authorDomain":"Boothby"}

We meaning the US, or we meaning the Allied Powers? I personally loathe the practice myself, and I agree its torture, but lawyers and weasel-words would have to settle the issue, after Congress takes some form of action to codify that its torture apparently. They might want to do that soon if that's all it takes to stop it from happening.

{"commentId":1170584,"threadId":"173486","contentId":"1083778","authorDomain":"Boothby"}
  • 1 vote
#2.2 - Thu Nov 8, 2007 11:55 PM EST
{"commentId":1170628,"authorDomain":"luckydog"}

It's clearly torture. It is outlawed by the US military and by international agreement. Eventually it will be seen as that. The clear evidence is when you ask a supporter of water boarding if our military should be subjected to it (not in training but by the enemy) and it becomes even more clear.
Any so called evidence gathered by water boarding is tainted and will be thrown out sooner or later in any prosecution. Those who order water boarding should be prosecuted as war criminals. Resorting to torture techniques used by the Spanish Inquisition is really stooping to a new low even for the Bush administration.

{"commentId":1170628,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 5 votes
#2.3 - Fri Nov 9, 2007 12:23 AM EST
{"commentId":1170656,"authorDomain":"incredulous"}
It's clearly torture.

if it were clearly torture, there would be no need to discuss it. No one, even the Bush admin, is in favor of torture, and they are on the record against torture. The question whether a certain technique is or isn't torture is not clear at all.

{"commentId":1170656,"threadId":"173486","contentId":"1083778","authorDomain":"incredulous"}
  • 3 votes
#2.4 - Fri Nov 9, 2007 12:41 AM EST
{"commentId":1170681,"authorDomain":"luckydog"}

No. It is clearly torture. When you drown someone that is torture. The only thing that stops the victim from dying is if they discontinue the procedure. This is directly from the mouth of a Chief Petty Officer charged with training our troops in what to expect if they are water boarded. The victim will die within minutes if the torture is incorrectly done or not stopped in time. It is torture. A reasonable person does not need congress or a lawyer or a jackass politician to define torture.

{"commentId":1170681,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 2 votes
#2.5 - Fri Nov 9, 2007 12:58 AM EST
{"commentId":1170686,"authorDomain":"luckydog"}
No one, even the Bush admin, is in favor of torture, and they are on the record against torture.

The Bush administration is in favor of not calling torture, "torture". They like to use euphemisms like aggressive interrogation techniques. When a victim dies they like to say they died of "natural causes" such as from a weak heart. Read the post and link in #3. Do you think these high ranking military people might be able to recognize torture?

{"commentId":1170686,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 2 votes
#2.6 - Fri Nov 9, 2007 1:05 AM EST
{"commentId":1170725,"authorDomain":"incredulous"}
No. It is clearly torture. When you drown someone that is torture.

no, torture is clearly a word, and if the word is used in a way that is self-defining, you haven't cleared up anything. "when you drown someone that is torture." Impossible.

# die from being submerged in water, getting water into the lungs, and asphyxiating; "The child drowned in the lake"
# kill by submerging in water; "He drowned the kittens"
wordnet.princeton.edu/perl/webwn

# Drowning is death caused by suffocation when a liquid causes interruption of the body's absorption of oxygen from the air leading to asphyxia. The primary cause of death is hypoxia and acidosis leading to cardiac arrest.
en.wikipedia.org/wiki/Drown

those are reasonable definitions of drowning, and all of them involve dying. Waterboarding does not involve dying. Not all forms of coercion, even if they are painful, scary, horrible, unbearable, are torture, even under the law. There seem to be several different techniques called waterboarding, and I will bet that some are (legally) torture, while others would not be, depending on how they are done.

Finding your balls between a set of jumper cables and a Sears Diehard is torture; getting your fingers crushed in a vice is torture. Volunteering to subject yourself to a technique to see if it's torture or not, is not torture. If there's a signup sheet, it's not torture, in my view.

{"commentId":1170725,"threadId":"173486","contentId":"1083778","authorDomain":"incredulous"}
  • 2 votes
#2.7 - Fri Nov 9, 2007 1:49 AM EST
{"commentId":1172185,"authorDomain":"luckydog"}

Well, you are certainly entitled to your view. Water boarding is controlled drowning.
If you water boarded an animal, say a dog and a cop saw you do you think he would perceive it as torture? You would find yourself in jail in a heartbeat and I don't think a judge would find your argument persuasive. Because some individuals wanted to see what it was like does not make it any less torture. Some individuals undergo voluntary amputations. I guess that's alright too in your view.
Physically restraining someone and pouring water on their face is torture. Water boarding has always been considered torture by the US and by international treaty until the Bush administration started playing word games. If it makes you feel better to refer to an ancient torture technique by some other name, knock yourself out, but a reasonable person can easily see that this is torture. http://waterboarding.org/torture excerpt:

* Part 1, Article 1 and the US Reservations of the UN Convention Against Torture:

The term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

* The US Reservations for the UN Convention Against Torture:

In order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.

* Article 32 of the Fourth Geneva Convention

any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.

* Article 147 of the Fourth Geneva Convention:

torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health

* Article 7(2)(e) of the Rome Statute of the International Criminal Court

"Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

* Inter-American Convention to Prevent and Punish Torture

For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.

* 18 United States Code Title 18, ยง2340(2)

"torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control

{"commentId":1172185,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 1 vote
#2.8 - Fri Nov 9, 2007 2:21 PM EST
{"commentId":1172532,"authorDomain":"incredulous"}
If you water boarded an animal, say a dog and a cop saw you do you think he would perceive it as torture?

do you seriously have any expectation that doing this to the dog will get him to reveal where he buried a bone? (iow, silly example) If waterboarding is shown to produce no useful results at all, I'm not in favor of it. I don't care if you called it torture, torture-lite, or doggy-dog. If there's no point to it at all, it should be prohibited. Torture should be prohibited under law without exception. The question is whether waterboarding is torture. The laws that you cite do not help decide the issue because the courts always grapple with questions of severity. Is it severe pain, severe suffering? The laws don't help in that regard. Now if the law said: with the intention of scaring the living crap out of you to the point that you thought you would drown, and you choke and get a sensation of dread as if you were about to die, then I would say, ok,. that describes waterboarding. I don't see, in the laws you cite, anything which describes waterbaording. ..severe pain punishment prolonged suffering mental suffering... that's the gist of it all, and I agree those would be torture.

Because some individuals wanted to see what it was like does not make it any less torture. Some individuals undergo voluntary amputations. I guess that's alright too in your view.

using such aberrant behavior does not make a point. Some people will (...fill in the blank with anything under the sun you can imagine...) and someone will do it. We're not talking about them.

In my view, the criteria are simple: if the "subject's" knowledge of the coercive technique could negate it's effetiveness, it's not torture. If the guy knows that no one will let him drown, it's not torture, it's torture-lite. As unbearable, as scary, horrible as it certainly is, it is not torture. Any technique one would voluntarily subject themselves to, to determine if it's torture, is also not-torture; torture-lite. If there's a signup sheet, it's not torture.

{"commentId":1172532,"threadId":"173486","contentId":"1083778","authorDomain":"incredulous"}
  • 1 vote
#2.9 - Fri Nov 9, 2007 4:05 PM EST
{"commentId":1172640,"authorDomain":"luckydog"}

So I gather your argument is that if it gets results then it's ok? And that a prisoner (oh, I'm sorry, to be politically correct these days a "detainee") if a detainee "knows that someone is not going to let him drown, that it is not torture?" I would sure like to know how someone who is "detained" is going to know that even if that supposed knowledge would define torture.
You keep talking about a signup sheet. I defy you to show me a signup sheet where detainees are volunteering to be tortured. YOUR logic is as tortured as this subject.
Every one of those articles of the Geneva convention I sited above prohibit acts such as water boarding. What do you not understand?

{"commentId":1172640,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
  • 1 vote
#2.10 - Fri Nov 9, 2007 4:53 PM EST
{"commentId":1172745,"authorDomain":"incredulous"}

I'm pretty sure that I've already answered whatever your asking; if you re-read what I've said.

So I gather your argument is that if it gets results then it's ok?

almost, but not quite. If it is not torture, and it gets results, then it's OK. Torture, even if it got results, not OK. It means that we will write into law that there are no exceptions. BUT, in real life, we understand that there will be exceptions. Even so, we will not write into law what the exceptions are. In law, torture must remain illegal. So we will not say torture is illegal, except if luckydog wants to beat tthe living crap out someone with a baseball bat repeatedly until he reveals where his entire family has been taken, and who all will soon die unless he finds them. We will not write that into the law. The law will say NO EXCEPTIONS. Reality will say otherwise.

if a detainee "knows that someone is not going to let him drown, that it is not torture?"

if a detainee knows that he will not really be accelerated at high speed toward the end of the curve in the tracks and flung off into space to be smashed to death when he hits the ground...right...then it will NOT be torture. It will just be a very scary rollercoaster ride. And if that coercive technique happens to produce useful results, then it is OK. And if it doesn't, it should not be used. Neither torture, nor torture-lite should be used as punishment. To me, that would be immoral.

I would sure like to know how someone who is "detained" is going to know that even if that supposed knowledge would define torture.

we don't want them to know that. My point is to provide a criterion about whether something is torture or not. If he COULD know about the technique and it's outcome, and if that knowledge would destroy its effectiveness, then I classify it as not-torture.

You keep talking about a signup sheet. I defy you to show me a signup sheet where detainees are volunteering to be tortured. YOUR logic is as tortured as this subject.

I thought you were familiar with my reference. There are and have been some people who want to determine whether waterboarding is torture. What do they do? They subject themselves to be waterboarded. If you want to determine if a technique is torture so you can write up an article afterwards, and you "signup" to see, then it is not torture, in my view. (but this again has to do with the knowledge of the outcome)

Otherwise, you could say that subjecting people to teargas is torture. You can't breathe, there is absolutely no way anyone can withstand it, You will scratch and claw your way out of any enclosure to escape it. So if police throw teargas into a room, they are torturing the criminals to release hostages, right?

Every one of those articles of the Geneva convention I sited above prohibit acts such as water boarding.

which part? stop talking around it. point to specifically the part that would prohibit it. The severe pain? The severe mental suffering that lasts 30seconds to a minute? go for it. tell me.

{"commentId":1172745,"threadId":"173486","contentId":"1083778","authorDomain":"incredulous"}
  • 1 vote
#2.11 - Fri Nov 9, 2007 5:39 PM EST
{"commentId":1172975,"authorDomain":"luckydog"}

The subject is waterboarding not roller coasters flying off into space etc.

Tear gas is used to capture or compel people to surrender or move from one area to another. If you put a captive in an enclosed space and subject them to tear gas then yes that does fall under the definition of torture. I know of no police department that allows tear gas to be allowed in interogations. And again we are talking about waterboarding, not tear gas, etc.
You are setting up strawmen to avoid acknowledging the immutable fact that waterboarding is torture.

That you suppose that torture is defined by how useful it is, is proof to me that you will never understand the very basic concept that changing the name does not change the act. The Spanish inquisition used waterboarding as a torture technique, Pol Pot used waterboarding as a torture technique, the Vietnamese used waterboarding as a torture technique and now Americans use waterboarding as a torture technique. Your failure to understand changes nothing.

"Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

What is unclear about that? What is it that you do not understand?
Perhaps if you would follow the link in post #3 and read the letter from the distinguished military legal experts you might gain a tiny bit of insight into what makes your position fallacious.

{"commentId":1172975,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
    #2.12 - Fri Nov 9, 2007 7:40 PM EST
    {"commentId":1173130,"authorDomain":"incredulous"}
    That you suppose that torture is defined by how useful it is,...

    I'm going to have to force myself to read past this as you clearly do not comprehend what I said, or you are deliberately misrepresenting what I said. See, where I said:

    Torture, even if it got results, not OK.

    See how it is exactly NOT what you claim I said? See where I said:

    Torture should be prohibited under law without exception.

    (use edit to find it) You are misrepresenting what I said. Why?

    You are setting up strawmen to avoid acknowledging the immutable fact that waterboarding is torture.

    You are not following what I wrote. I'll assume, for now, that it is not deliberate. For some reason, you believe that waterboarding inflicts severe pain and suffering. Is that correct? This is a pretty specific question. Do you have a specific answer? well, then you have to define severe. Think you know what severe is? Then read the mountains of discussion about how to define severe or extreme or cruel, so that a consistent meaning can be given to the laws. I do not think waterboarding causes severe pain and suffering. I think it causes severe fear and dread.

    Waterboarding should not be used to get confessions. It should not be used to inflict punishment. That is immoral. I doubt the techniques used by inquisitions and Pol Pot bear a resemblance to the specific technique used by Americans except that water is involved. I doubt that there were physicians on hand to monitor the interrogations.

    Consider the following: you want to write a story on waterboarding and torture, and you want some firsthand confirmations as reporters often do. So you signup to get tortured just to learn what it feels like so you have some authority to write about it. You can get your fingernails pulled out by pliers, you can get your fingers crushed in a vice, you can get your genitals connected to a Sears Diehard, you can get your eyelids cut off, you can get acid poured onto your skin, you can get the skin torn from your rear end, you can be made to drink a gallon of 100% ethanol, you can be forced to eat a bucket of human feces, you can be waterboarded for 30seconds.

    which one will you write about? You want to flip a coin and see how lucky you are, or do you want to pick one? Which did you decide on? This is not a rhetorical question.

    {"commentId":1173130,"threadId":"173486","contentId":"1083778","authorDomain":"incredulous"}
    • 1 vote
    #2.13 - Fri Nov 9, 2007 9:12 PM EST
    {"commentId":1173180,"authorDomain":"luckydog"}
    You are not following what I wrote. I'll assume, for now, that it is not deliberate. For some reason, you believe that waterboarding inflicts severe pain and suffering. Is that correct? This is a pretty specific question. Do you have a specific answer? well, then you have to define severe.

    Here is as specific an answer as I can give. Waterboarding deprives the body of oxygen. The victim will die if the torturer does not interrupt the procedure. The victim believes that they are dying and in fact they are unless the procedure is interrupted. If for no other reason than mock executions such as shooting a victim with a blank or an unloaded pistol to the head, those are definitions of torture under the Geneva convention.
    Torturers do not normally provide statistics on procedures gone bad but I think it is safe to assume that people have died while being waterboarded.
    Again, what a reporter chooses to do or not do is not the issue. The issue is what is being done to captives who do not have the option of choosing none of the above.

    DOJ Official, Daniel Levine has the answer to whether waterboarding is torture or not.
    Because he subjected himself to it so he could answer that question.
    His answer was an agonized YES!
    {"commentId":1173180,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
    • 1 vote
    #2.14 - Fri Nov 9, 2007 9:41 PM EST
    Reply
    {"commentId":1170379,"authorDomain":"luckydog"}

    Retired JAGs Send Letter To Leahy: "Waterboarding is inhumane, it is torture, and it is illegal."
    By: Nicole Belle on Saturday, November 3rd, 2007 at 7:01 PM - PDT

    Please read this letter by the following and it should put to rest any doubts you have about it's illegality:

    Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02

    Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000

    Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93

    Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88

    {"commentId":1170379,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
    • 4 votes
    Reply#3 - Thu Nov 8, 2007 10:31 PM EST
    {"commentId":1171110,"authorDomain":"jdl-28"}

    Bush / Cheney should go to jail for this, they have taken to much power and seem to want to change our laws to fit their needs. Both of them have taken our country to the lowest level possible and believe they have not did one thing wrong, are they any better the the x-leader of Iraq.

    We have two very sick people in office and running our country, and neither the senate or congress has did anything to stop them. Our country is the greatest country in the world, and we should never allow people to stay in office that destroy us. We need to stop trying to tell everyone else what to do or how to run their country and correct how our country is being run now. We have many problem in our country that can take quite a few years to fix.

    {"commentId":1171110,"threadId":"173486","contentId":"1083778","authorDomain":"jdl-28"}
    • 1 vote
    Reply#4 - Fri Nov 9, 2007 9:01 AM EST
    {"commentId":1173196,"authorDomain":"luckydog"}

    Yes they should JDL no question about. Nancy and Reid are now enablers unfortunately. Down with the Republicrats.

    {"commentId":1173196,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
    • 1 vote
    #4.1 - Fri Nov 9, 2007 9:47 PM EST
    Reply
    {"commentId":1173173,"authorDomain":"ronco104"}

    thank you very much luckydog, for printing the statutes. if there is ANY further doubt that this obscenity is torture then those that cling to semantics and other forms of bull-@!$%# volunteer to have this little slice of heaven performed on them on network tv during primetime. i want to see and hear you people afterwards describe their experiences...its torture, god dammit, and no amount of far wrong wing propaganda is ever going to make it right (no pun intended). may god, please, protect us from our elected leaders and ultimately, from ourselves!!!

    {"commentId":1173173,"threadId":"173486","contentId":"1083778","authorDomain":"ronco104"}
    • 1 vote
    Reply#5 - Fri Nov 9, 2007 9:34 PM EST
    {"commentId":1173194,"authorDomain":"luckydog"}

    Thank you Ron. I have yet to hear one of these heroes say that it is just fine with them if our military men and woman and our citizens are subjected to waterboarding by our enemies. No qualifications, no weasel words, just clear outright clarification.

    {"commentId":1173194,"threadId":"173486","contentId":"1083778","authorDomain":"luckydog"}
    • 1 vote
    #5.1 - Fri Nov 9, 2007 9:45 PM EST
    Reply
    {"commentId":1173232,"authorDomain":"ronco104"}

    amen, brother, amen

    {"commentId":1173232,"threadId":"173486","contentId":"1083778","authorDomain":"ronco104"}
      Reply#6 - Fri Nov 9, 2007 10:09 PM EST
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