House takes generals’ advice, outlaws detainee torture

Yesterday, 30 retired generals and admirals signed a joint letter to Democratic leaders in Congress, urging them to pass legislation requiring U.S intelligence agents to follow strict standards for detainee treatment. The letter, which was endorsed by Maj. Gen. Tony Taguba, who investigated the Abu Ghraib scandal, noted the president’s veto threat, but urged lawmakers to do the right thing anyway.

Today, the House took the generals’ advice.

The Democratic-led House of Representatives voted on Thursday to outlaw harsh interrogation methods, such as simulated drowning, that the CIA has used against suspected terrorists.

On a 222-199 vote, the House approved a measure to require intelligence agents to comply with the Army Field Manual, which meets the Geneva Conventions on the treatment of war prisoners and prohibits torture.

The full roll call is online here. A mere five House Republicans broke party ranks to vote with the majority, while 10 House Dems joined with the GOP. (Most of the Dems who opposed the measure are southern Blue Dogs, but a few are staunch liberals — Kucinich, Woolsey, and Waters — though I don’t know why they joined with the right. None of them have statements on their websites explaining their vote.)

Today’s result was, to be sure, heartening.

The Gavel has some clips of the debate, but I’m partial to this common-sense explanation from Rep. Jerold Nadler (D-N.Y.), one of my favorite lawmakers:

“This will ensure a single uniform baseline standard for interrogations. That means no more torture, no more waterboarding, no more clever wordplay, no more evasive answers, no more dishonesty… I understand the critical role that intelligence plays in protecting ourselves. But torture, and cruel and degrading treatment – besides being contrary to American values and traditions – have proven not to be effective in obtaining actionable intelligence. Current and former members of the military have made this clear.”

Rep. Jan Schakowsky (D-Ill.) also did a great job.

“My colleagues in the minority complain that the inclusion of this provision will make it impossible for our intelligence officers to protect the American people from terrorists. As a member of the Intelligence Committee, I assure you that those claims are false, but don’t take my word for it. Please, consider the advice of General David Petraeus, who said in a May 10 memo to the members of the armed forces that the Army Field Manual allowed intelligence officials to get the information they need. Among the things he said is, quote, ‘our experience in applying the interrogation standards laid out in the Army Field Manual on Human Intelligence Collector Operations that was published last year shows that the techniques in the manual work effectively and humanely in eliciting information from detainees.'”

As for the 30 retired admirals and generals, it’s hard to know for sure whether their letter had an effect, but a powerful statement like this, from those who know how best to keep America safe, carried some intellectual and moral weight.

“We believe it is vital to the safety of our men and women in uniform that the United States not sanction the use of interrogation methods it would find unacceptable if inflicted by the enemy against captured Americans,” the military officials write. “That principle, embedded in the Army Field Manual, has guided generations of American military personnel in combat. The current situation, in which the military operates under one set of interrogation rules that are public and the CIA operates under a separate, secret set of rules, is unwise and impractical.”

The legislation now moves to the Senate, where Republicans will likely refuse to allow an up-or-down vote. It’s just what they do.

Kucinich voted against it?? Wha? Too bad he won’t have a chance to defend the vote at the debate tonight….

  • I can’t fuckin’ believe you said “Today’s result was, to be sure, heartening.”

    W/TF is so heartening about 199 United States Congresscreeps voting to ensure the continuation of what Rep. Gavel characterized as “…torture, and cruel and degrading treatment “

  • CB, if I may hazard a guess as to why Kuchinich,et.al., voted against this measure, perhaps they feel that this HAS ALWAYS been illegal for one, but more importantly if you make one specific technique illegal, i.e., waterboarding then perhaps they fear that the techniques not specificly in this bill could therefore be construed as legal, or less illegal as the case may be. It’s also possible that they fear by detailing the exact technique that is illegal, some creative sort could come up with an innovation and voila, not mentioned in the law, therefore not illegal. Or maybe the bill didn’t go far enough for them. Heck, I don’t know.

    This isn’t an equivelency thing where there are two real sides about this issue. It’s illegal now, it has always been illegal and it’s maddening that they should have to actually have a vote on it. The fact that this wasn’t unanimous is terrifying and amazingly sad.

    I weep for the soul of my country. And for our Constitution.

  • This would be a wonderful time for Senator Reid to force a traditional stand-up-and-talk filibuster. It would be interesting to see how they publicly defend their pro-torture stance.

  • Who are the sponsors of this legislation? It seems to me the motivation is as Dee Loralei said, to 1) effectively narrow the definition of torture and 2) imply that past waterboarding was legal.

    This is the reason Mukasey never should have been trusted. In the confirmation hearings, he said that he would prosecute waterboarding *if Congress passed a law* – as much as saying he would not prosecute waterboarding on the basis of existing law or the Constitution.

    I think this is a trick to get retroactive immunity for past waterboarding.

  • If it were a trick to get retroactive immunity for past torture, more Republicans would have supported it.

    This just confirms my take on Kucinich – that he would rather be righteous than effective.

  • Kucinich voted against it?? Wha? -Gridlock

    This just confirms my take on Kucinich – that he would rather be righteous than effective. -Jen Flowers

    Exactly. Kucinich will most likely issue a statement saying it didn’t go far enough. He has a history of not supporting measures that only go part of the way in his mind.

  • think the comments here are a little confusing.

    Just to be clear, what happened is a majority of the House voted to outlaw torture including waterboarding. Still, a lot of Representatives voted against outlawing it, but they were still a minority.

    Kucinich and some other Democrats voted in favor of waterboarding- they didn’t vote with the majority. It’s weird for Kucinich to do that, because he portrays himself as being the ultra-liberal on so many things- it’s funny that he would be out-of-step with us on this one.

    This isn’t a law yet, and the president would probably veto it.

  • “This just confirms my take on Kucinich – that he would rather be righteous than effective.”

    Exactly. Which is great. In his role as a legislator. As president, not so much.

  • #4 has a possible reason as to why those most progressive of all Democrats (Kucinich, Woolsey, Waters & Lee) did not vote aye:

    1) That perhaps they felt this did not need to be a new law, because it was already illegal.

    2) And that this action might then make it that each particular action now needs to be defined as torture and made explicitly illegal….thus being a really bad precedent.

    Will go check their websites now.

  • I have no idea why the 10 Democrats defected, but it’s not accurate to say “most” are Blue Dogs. Here’s the list:

    Danny Davis (IL), Dennis Kucinich (OH), Barbara Lee (CA), John Lewis (GA), Jim Marshall (GA), David Scott (GA), Jose Serrano (NY), Pete Stark (CA), Maxine Waters (CA), and Lynn Woolsey (CA).

    Only Marshall and Scott are blue dog dems in that set. The rest are pretty hard-core progressives.

  • This is an utterly dishonest political ploy, which ignores a very salient point. There are different varieties of waterboarding and not all of them can be considered torture. The CIA version involves covering the subject’s nose and mouth loosely with cellophane before the water is poured on the subject. Consequently **NO** water enters the subject’s respiratory tract. The effect is purely psychological – there is absolutely no risk of physical harm to the subject. This is in **NO WAY** torture. Rather it is a psychological game of cat and mouse, much like the good cop/bad cop routine.

  • “This is an utterly dishonest political ploy, which ignores a very salient point. There are different varieties of waterboarding and not all of them can be considered torture. The CIA version involves covering the subject’s nose and mouth loosely with cellophane before the water is poured on the subject. Consequently **NO** water enters the subject’s respiratory tract. The effect is purely psychological – there is absolutely no risk of physical harm to the subject. This is in **NO WAY** torture. Rather it is a psychological game of cat and mouse, much like the good cop/bad cop routine.”

    This could be fun. You be “subject” and I and friend of mine in law enforcement can conduct our own little experiment about this. I promise to be the good cop.

  • i smell a troll, nabalzbbfr bs.

    It amazes me that there is debate. Cellophane? I would say that would make it even creepier and just as bad, but the point is still missed. If you are narcissistic enough to believe yourself above the laws of god and man, and you believe your enemy inferior in a way that you might exploit his weakness for pain in order to gain something. And you place your hands on him, shackled and blind, you are getting pretty intimate aren’t you? You are insane. You have lost your sense of empathy, you are capable of psychotic acts. Torture. That’s what it’s called. Is that what we’re fighting for in Iraq? The freedom to torture people?

  • and the point is very salient isn’t it…the difference between, you know, torture, and…you know, real torture.

  • “…he would rather be righteous than effective.”

    It’s a sad day in America that any of us seriously consider those two things mutually exclusive. I don’t. Neither does Kucinich. That’s why I’m voting for him in the primary. It’s always better to shoot for the stars than accept an unacceptable status quo.

  • Kucinich was a LEADERin the fight against torture – he started opposing waterboarding well before the likes of wolf blitzer took it on a year and a half later… so reserve your judgement, people – waterboarding is illegal already based on Geneva and UNCAT being ratified by us – the “CIA should follow Military” rules accomplishes nothing.

    Plus, the bill was passing anyway.

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