Forget the ticking time-bomb scenario

The recent rash of conservatives who’ve publicly announced their support for torture seems to be broken up into two camps: those who support torture in rare, extreme circumstances, and those who think routine torture isn’t worth getting worked up about. Just this week, we’ve seen Cal Thomas take up the prior position, and National Review’s Deroy Murdock run with the latter.

Putting aside the cravenness and moral bankruptcy of the torture-is-good crowd, it might be tempting to think of the Cal Thomas/Antonin Scalia position as some kind of illegal middle ground. Sure, they say, torture isn’t something to be used all the time, but in that ticking time-bomb situation, all bets are off. It’s one of those when-all-else-fails dynamics.

Except, for the umpteenth time, they’re still wrong. This morning, Rep. Trent Franks (R-Ariz.) confronted Air Force Reserve Col. Steve Kleinman, a longtime military interrogator and intelligence officer, with the pending-crisis scenario. Kleinman explained, even with the ticking bomb, torture isn’t the right way to go.

“I’d say [torture would] be unnecessary to conduct our affairs outside the boundaries,” Kleinman replied. His experience “proves the legal and moral concerns to be almost immaterial, because what we’d need to do to be operationally effective” wouldn’t involve torture.

Which makes sense, considering that U.S.’s SERE instructors teach their students that torture just “Produces Unreliable Information.”

So while Franks should get an A for effort, Kleinman’s testimony suggests that anyone who’d waterboard in a ticking-bomb case is wasting time that could be used to stop Sheboygan’s imminent destruction.

Oddly enough, Franks wouldn’t let it go.

When the Arizona Republican pressed the point, Kleinman offered a take I hadn’t heard before. We’ve all seen the moral arguments against torture, along with the legal, political, and practical, but Kleinman gave Franks and the committee members a productivity argument.

It’s not just what a subject says in an interrogation that an interrogator needs to watch for clues, Kleinman said. The way in which he expresses himself is significant: does the subject fidget? Does he shift in his seat? Does he gesture, or suddenly stop gesturing? All of these non-verbal clues — “clusters, groupings of behaviors,” Kleinman called them — provide interrogators with valuable information to observe what a detainee is like when he’s lying, when he’s being uncooperative, and when he’s being truthful, or a combination of the three.

But if a detainee has his hands tied, or if a detainee shivers because a room is chilled, then “I don’t know whether he’s shivering because the room is cold or because my questions are penetrating,” Kleinman said. That degree of abuse “takes away a lot of my tools.” It’s one of the clearest explanations in the public record about what torture costs professional interrogators in terms of actionable intelligence, as the debate is so often set up as what a lack of torture ends up costing national security.

I don’t imagine Franks was persuaded — congressional Republicans can be a stubbornly close-minded bunch — but it was helpful for Kleinman to make the case anyway.

Isn’t it interesting that military professionals, veterans, and interrogation experts always oppose torture, while conservatives who’ve avoided military service seem to think it’s a great idea? I wonder why that is.

I guess the concept of paradox has escaped the more intellectually minded of our extreme conservative set here in America during the early years of the 21st century. -Kevo

  • “congressional Republicans can be a stubbornly close-minded bunch”

    steve, you are being far too kind to these morons…. 🙂

  • Many of the people who believe in the ticking time bomb sceanario as an excuse for torture have watched the TV show 24 and use it as a justification. However, the one thing they do not get is that the main character, Jack Bauer, who is usually doing the torturing to get information quickly, understands that what he is doing is wrong and he is willing to accept punishment for his actions, especially should those actions prove fruitless (ie the information retrieved using torture is useless or wrong).

    I have no problem with someone in a ticking time bomb sceanario using torture to get information as long as they understand that they will be held accountable for their actions, regardless of whether the information saves lives or not (the hope from the torturers standpoint should be that if the torture worked, his punishment might be less severe). I think that is a very reasonable standard and gives incentive to not use torture except in absolutely extreme circumstances.

    Given that torturers should always be held accountable, regardless of the outcome, the incentive is always to use legal interrogation techniques that have proven results instead of taking what seems like the easy route of torture which is shown to have a very low reliabilty.

  • Isn’t it interesting that military professionals, veterans, and interrogation experts always oppose torture, while conservatives who’ve avoided military service seem to think it’s a great idea? I wonder why that is.

    Because they’re a bunch of pudgy, insecure little Jack Bauer wannabe’s?

  • How many times in the past several days/weeks have we witnessed “Wingnuttia” boast about the value of “body language”—but it’s not good enough for them when an interrogator needs it to discern the validity of a statement? I mean, c’mon—I’ve got these really big pliers in my toolbox. I’ll wager that if I use them to smash the daylights out of Trent Frank’s cojones, I could get him to swear eternal fealty to Nancy Pelosi, Rosie O’Donnell, and Hillary Rodham Clinton.

    Stupid, stupid bunch of sods, those Reskunklicans….

  • JC

    Good point.

    In a world where officially-sanctioned torture is illegal, a ticking time-bomb scenario is not likely to happen more than once in a hundred years. Too many factors have to work all together seamlessly for such an occurrence. If someone makes a judgment call that it’s best to break the law for the greater good, and indeed the torture brought about the information needed to avert a disaster, then the one who broke the law may come before the courts and present his defense.with a good chance of being exonerated of a crime.

    The same is true for presidents. They may ask Congress to ratify an unconstitutional act of a president on the ground that it was done in the best interests of the citizens and the actual outcome.proves it. In this way, a president may be exonerated of committing a crime against the US.

    Anything short of making torture illegal, period, is an exercise in barbarism.

  • […] while conservatives who’ve avoided military service seem to think it’s a great idea? I wonder why that is. — CB

    Because they like to experience their doses of Sado-Masochism second hand and twice removed?

  • What a demented batch of human beings represent the right-wing. They deny fourteen-year old girls recourse to abortion for having “illicit” sex, they punish the poor for being poor, they deny the disadvantaged rational access to minimal healthcare, they envision horrible punishment to those who don’t follow their version of faith, they seem to salivate over the “joys” of torture. Their list of behaviors that require punishment seems unlimited. It’s always punish, punish, punish. What a sad childhood they must have had.

  • The ticking time-bomb scenario is stuff from fairy tales. You good people are letting the idiots frame the debate again. Somehow, we are going to know about a ticking time bomb, and who to torture in order to stop it. Give me a break.

  • Frankly, I think it shows just how far our national discourse on torture has fallen when even people like our own Steve Benen feel the need to fall back to justifying opposition to torture on productivity grounds. This isn’t Steve’s fault, but it is sad that the self-evident fact of the horror of waterboarding doesn’t speak for itself anymore.

    It’s like justifying your opposition to slavery because blacks are more economically productive when they have human rights – because no one seems to be fazed by the idea of some human beings owning others like chattel.

  • John C

    I didn’t think Steve “felt a need to fall back to justifying opposition to torture on productivity grounds”. He was noting Klein’s discussion about a factor that hasn’t been mentioned before, that I’ve seen anyway, about why torture doesn’t result in useful information. I’ve seen the argument made that torture yields extremely unreliable information because a person who’s become a jittering idiot through pain will say anything to make it stop, but the torturer has no way of knowing whether it’s true or not. I just think Klein was saying why another approach is much more likely to get reliable information than torture.

    I know Steve would agree that the horror of torture speaks for itself.

  • I personally think that torture has been used effectively on ticking time bombs and we should continue to use it on Boris Badenov and Natasha till they run out of raw materials.

    Then and only then can we divert our resources to inspecting shipping containers for nukes.

  • Shorter GOP: Please, please, can’t we torture them if we really,really, have to? Pretty please.

  • I know the Hollywood writers are on strike, but maybe they could volunteer to write some scripts in which the ticking time bomb scenario leads to torture, the bad guy lies his ass off, the good guys are lead to do something pointless, and the image of the bad guy laughing insanely dissolves into a close-up of the melting flesh of the citizens of Sheboygan, the shock wave knocking over the buildings, and the mushroom cloud rising.

    Perhaps that would get the message across to the pro-torture morons.

  • Regarding how it’s always been those tasked with torturing people who are most opposed to the policy, I’m reminding of a quote from an essay by Woody Allen, after talking to a Holocaust survivor said he didn’t hate anybody. To paraphrase: “Yet I, who had never been hungry, never suffered, never been in want of anything — all I do is hate.”

    Nice, how these folks all have that luxury, isn’t it?

  • According to recent polling, 69% of Americans believe waterboarding is a form of torture, 29% do not, and 2% are unsure. According to a different question in the same poll, 58% oppose the use of waterboarding by U.S. forces, 40% approve, and 2% are unsure.

    Let’s assume that the same clueless 2% are unsure on both questions. Let’s also assume that the 29% who believe waterboarding is not a form of torture are among the 40% that approve of its use, and that the 58% who oppose its use are among the 69% who believe it is a form of torture

    If these assumptions are true, 11% of Americans (1) believe that waterboarding is a form of torture and (2) approve of its use. These are the people that truly frighten me.

  • GREAT article CB.

    The last puzzle piece I have missing is WHY doesn’t torture work.
    I figure I’d spill my guts if I got waterboarded.

    Of course, you have to be sure I have something to spill or I’ll just make stuff up.
    Does it work when you do have the right person? If not, WHY not?

    Not that I’d support it if it did work….
    It would just be good to know why it wouldn’t work so that I could argue against it effectively.

  • These chicken hawks are devoid of actual experience with realistic situations. They have some sort of TV fantasy going off in their heads that makes a romantic notion appear successful when in reality it simply does not work that way. This is not a debate we should even be having except for the stupidity and stubbornness of the authoritarian personality which demands it must be right. How does one debate shame?

  • ***williamjacobs***of course you tell them everything you know and everything you don’t know…what ever will make it stop…but how does the person doing it know if anything you said was true or not since you’d say anything to make it stop. But that is beside the point . The point is it’s torture, it’s inhumane and unnecessary to get at the truth. You can’t tell if someone is lying when they are being tortured as they will say anything. And then what if they are innocent and don’t know anything…they have to make something up to get the torture to stop, and can’t deny it later or they get tortured again. Look what made it into /Colin Powell’s SoU address about chemical labs from a tortured source…we were acting as though it were true…it was a waste of time, misleading, we got mis directed, and shamelessly mistreated another human being by killing him, then bringing him back to life over and over.. That’s why torture doesn’t work.

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