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 Author Thread: Ex-CIA agent: Waterboarding 'saved lives'
 petercentfla50

Joined: 5/11/2006
Msg: 551
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 10:17:06 AM
how pray tell has bush weakened the military?


the big cuts were under clinton..........probably giving us the crap generals who had us stalled in iraq. im sure anybody good would have wanted to leave when draft dodger, convicted, pardoned by carter, fact convienently taken out of wikipedia, took office.
 TimPommell

Joined: 1/13/2005
Msg: 552
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 10:23:09 AM

We are diverging off topic here, but I do find that a rather fascinating contention coming from you.

As for Bush's waffling, he could open an IHOP just on his own record of them.
- WMDS......FREEDOM AND DEMOCRACY

- I'll fire the person in this administration, if I find they are involved in Plumgate.
- Actually, I'll let him resign, get convicted, and then pardon him

- I have the power to establish Gitmo, and do whatever I deem necessary
- Oh. OK. I can't, so I'll do now what I should have done then

- The US shouldn't nation build.
- Get the cranes ready

- We need a strong military
- Let's weaken it

- My economic plan means prosperity for all
- Well...anyone got an extra twenty until my unemployment check arrives ?

- My leadership will restore integrity in Washington
- Diogenes would walk right through the Beltway without stopping


I could go on and on.

Just look at where your nation is now, and where it once was, internally and internationally.

Compare that to almost any other time in your nations history.

Your nation has not been this divided since possibly the Civil War.

Then come back and tell me again about this wonderful man that sits in the White House today.

This thread has nothing to do with liking Bush, or not liking Bush.

It's based on carefully thought out , and researched conclusions, which I and others have presented and which you can review.
See what I mean, straight into Bush bashing just as I predicted. Notice most of these are "opinions" not facts....
 edisto

Joined: 9/11/2007
Msg: 553
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 11:19:32 AM

Like him, don’t like him, no matter, at least you can’t honestly claim that he waffles on every controversial issue or caves under political pressure.


since we are throwing around opinions...
imho, Bush has never explored alternatives in any thing he has done, therefore, he has never made competent decisions, he doesn’t take advice from others, those that have disagreed with him have been dismissed (literally), he only sees success, failure is not an option, this is his reality, even with the fiasco that Iraq has become, he has never admitted anything but success there, which is part of his delusional way of seeing the world, to call himself “the “Decider” shows his hellish side, for he will not adjust to others at all even when things would have been greatly improved…

from the time he sat for seven stunned minutes to present, anyone with an open mind and has taken a pysch101 course could see this man has true psychological problems, America is too partisan now to go down that avenue, but history will have volumes on the psychological issues this president has and the “state of mind” that contemporary Americans had to “accept and condone” his immoral decisions…



this whole waterboard debate shows you who is a patriot and who is a communist/socialist


so Senator McCain is not a patriot but a communist/socialist and is running for president...WOW!!!
 Nona37

Joined: 12/4/2007
Msg: 554
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 11:41:00 AM
"Nona, the White House gave the CIA special latitude to conduct
harsh or "enhanced" interrogations in 2002, through executive
order"

Good point tim and thanks for pointing that out.

"Reportedly used on 3, I don't think it's widely used, but I'm
relatively certain it's been used far more than 3 times. I think
it's naive to think the CIA always wears the white hats in these
situations."

Another good point Tim, I don't find that the CIA is suppose to wear
white hats all the time either, they primarily do their jobs, and
even the ones who speak out against torture technique's have
indeed performed the techniques, more times to none with few exceptions.

"That's still to be decided judicially.

"It's a rather good constitutional argument, where there is little
room for interpretation."

According to the Military Commissions Act of 2006 part 3 D under
Ex parte Quinrin 317 US 1 , it states the following, that military
tribunals shall have jurisdiction to try offenders or offenses
against the law of war in appropriate cases.

Also, under 3 E.....military commissions preserve their traditional
jurisdiction over enemy combatants unimpaired by the Articles of War,
Congress gave sanction, as held in Ex Parte Quirin, to any use of
the military commission contemplated by the common law of war (Id at 19-20).

Under 3F. Refers to military commissions as the common-law war courts.

This is a military commission used during war time. Traditionally
used to try violations of war, committed by enemy combatants and
civilians who are subjected to military law, not the laws of our constitution.

This document also states that in order to be considered a POW, Convention III
status, combatants must belong to to an organized group with a military
command structure, they must be wearing insignia must carry their arms
openly and must obey the laws and customs of war.

This basically shows that the terrorists who do not carry their arms
openly utilizing acts of piracy and terrorism and have used the status
of civilian to perform their acts do not qualify for protection
under the Geneva Convention.

If the Constitution was the basis for this military commission act,
then enemy combatants would have to be tried in Federal District
Courts in countries such as Afghanistan and abroad, and this
would prove futile due to issues of territorial, personal and subject
matters.

Another thing to consider here is bringing in the terrorists
to the United States poses security risks for our nation, as well
as having to impose security for all juror's, judges for the rest
of their lives is not feasible.

Another issue, Federal Courts within the United States do protect
classified information under the Classified Information Act, but
the Federal Court is unable to handle "sensitive" information,
which is another reason US Courts are not utilized to punish
enemy combatants.

Due to the Constitution not residing over the prosecution of
terrorists, this allows our nation to de rail The Federal
Rules of Criminal Evidence, which means, no warrants are
needed when military members go into homes on suspicion of
terrorists residing there, nor are Miranda rights exercised,

Therefore, where the judicial process is involved minimally, it is only involved to the point where they sanction their right to be involved therefore allowing this particular Act to reside in common, therefore it is not the basis for this act and does not involve cases
according to the US Constitution.

Edisto:

I was hoping you would agree with me again, but I guess hell didnt free over again huh? lol jokin
 mungojoe

Joined: 11/15/2006
Msg: 555
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 11:53:45 AM

probably giving us the crap generals who had us stalled in iraq. im sure anybody good would have wanted to leave when draft dodger, convicted, pardoned by carter, fact convienently taken out of wikipedia, took office.

Ah, so now the Iraq debacle is the fault of the Generals (who consistently warned that the operation was undermanned and under resourced even before it was initiated) rather than BushCo. who refused to heed their advice because BushCo. "knew better than they did".

Not a surprising response considering you seem to think BushCo. knows more about the legality and morality of torture than the entire rest of the world as well.

And please, provide some proof that Clinton was convicted of draft evasion and pardoned by Carter (a statement that I find surprising considering Clinton had an official deferment to attend university. How does someone who is legally exempted from the draft get convicted for evading?)
 Nona37

Joined: 12/4/2007
Msg: 556
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:05:04 PM
"And please, provide some proof that Clinton was convicted of draft evasion and pardoned by Carter (a statement that I find surprising considering Clinton had an official deferment to attend university."

This is Clinton's military record.

Bill Clinton registers for the draft on September 08, 1964, accepting all contractual conditions of registering for the draft.

Given Selective Service Number 3 26 46 228.

Bill Clinton classified 2-S on November 17, 1964.

* Bill Clinton reclassified 1-A on March 20, 1968.

* Bill Clinton ordered to report for induction on July 28,1969.

* Bill Clinton dishonors order to report and is not inducted into the military.

* Bill Clinton reclassified 1-D after enlisting in the United States Army Reserves on August 07,1969 under authority of Col.E.Holmes. and takes oath of enlistment.

* Bill Clinton fails to report to his duty station at the University of Arkansas ROTC, September 1969.

* Bill Clinton reclassified 1-A on October 30, 1969, as enlistment with Army Reserves is revoked by Colonel E. Holmes and Clinton now AWOL and subject to arrest under Public Law 90-40 (2)(a) 'registrant who has failed to report...remain liable for induction'.

* Bill Clinton's birth date lottery number is 311, drawn December 1, 1969, but anyone who has already been ordered to report for induction, is INELIGIBLE!

* Bill Clinton runs for Congress (1974), while a fugitive from justice under Public Law 90-40.

* Bill Clinton runs for Arkansas Attorney General (1976),while a fugitive from justice.

* Bill Clinton receives pardon on January 21, 1977 from Carter.

* Bill Clinton FIRST PARDONED FEDERAL FELON ever to serve as President.

All these facts come from Freedom of Information requests, public laws, and various books that have been published, and have not been refuted by Clinton.

http://www.breakthechain.org/exclusives/clintondraft.html

http://www.jameswebb.com/articles/wallstjrnl/insultofcartersmasspardon.htm
 TimPommell

Joined: 1/13/2005
Msg: 557
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:13:59 PM
since we are throwing around opinions...
imho, Bush has never explored alternatives in any thing he has done, therefore, he has never made competent decisions, he doesn’t take advice from others, those that have disagreed with him have been dismissed (literally), he only sees success, failure is not an option, this is his reality, even with the fiasco that Iraq has become, he has never admitted anything but success there, which is part of his delusional way of seeing the world, to call himself “the “Decider” shows his hellish side, for he will not adjust to others at all even when things would have been greatly improved…
Since I doubt you know him personally, I'm guessing this is an opinion based on something someone said to someone who heard of something that may be an indicator that this is his method of policy making on all issues? Typical “enlightened” perspective, so arrogant that you think the only proper way to come to a correct position on any issue is to drink the blue Kool-Aid.
This may come as a shock to you, but how the system works is to elect someone whose political perspectives closely align with your own. You also hope that once he gets into office he’ll stay true to those convictions. It would seem he has, have you checked the voting record of the blue team lately?
from the time he sat for seven stunned minutes to present, anyone with an open mind and has taken a pysch101 course could see this man has true psychological problems, America is too partisan now to go down that avenue, but history will have volumes on the psychological issues this president has and the “state of mind” that contemporary Americans had to “accept and condone” his immoral decisions…
What pray tell would you have him do during that extremely crucial 7 minutes? Launch a nuclear strike? More than likely he heard the same as we did, and it took a lonnnnnnggggg time for it to register it was an actual attack, and at that time everyone was clueless as to who it was. But by all means let's be reactionary and rush to the bomb dropping on everyone we thought might have been responsible for it! Wait a minute, isn't being a “shoot from the hip” type (reactionary) on the list of his many many faults?
Listen, I'm no particular fan of George W. Bush, but let's at least consider that if he's as bad as everyone seems to think he is, there's probably enough stuff to blame on him without feeling compelled to make stuff up.

this whole waterboard debate shows you who is a patriot and who is a communist/socialist
An issue framed by one side as a moral issue defines the political philosophy of all? I'm not a communist, and definitely not a socialist, and I am not opposed to waterboarding, so.... guess that makes you a communist / socialist and me the patriot since you seem to have pigeonholed the issue into those few options.

so Senator McCain is not a patriot but a communist/socialist and is running for president...WOW!!!
Actually most consider him to be on the liberal side of the Republican party, and what with him being held captive as a POW by Communists, I doubt he'd appreciate you referring to him as one.
 petercentfla50

Joined: 5/11/2006
Msg: 558
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:16:34 PM
great work nona. the lefties boy is a freaking CONVICTED felon. put that up against gw who flew the f-102 our nations hottest plane at the time, which killed plenty of our pilots and some of the german pilots we sold them to...bush...volunteered for extra missions, defending our country and NATO flying in the artic circle. see any difference?
 Nona37

Joined: 12/4/2007
Msg: 559
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:17:12 PM
I think the next GREAT question for all of us to contemplate on this thread is not indeed "waterboarding", I believe it should be "What can a president do in Seven Minutes"? Kinda reminds me of "Five minute speed dating"!!!!!!
 Montreal_Guy

Joined: 3/8/2004
Msg: 560
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:31:22 PM
Before NORAD gets a call reporting a thread hijacking, I suggest all say "Let's Roll " , and perhaps start another thread on these matters not directly related to the discussion at hand.

I can see how we can talk about primary, secondary , and even tertiary subjects related to the OP's first post (it is after all a subject in which many things intersect to impact on the overall discussion) but we are drifting about as far off course as can be imagined , and risk sailing over the edge of the word didactically if we do not alter our present course.

Or else the mods will just close the thread, after deciding who is naughty and nice.

I suggest we do that first, before they do, and start another thread on this latest turn in our time spent together discussing this.
 Nona37

Joined: 12/4/2007
Msg: 561
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:31:37 PM
Ok, I have to be fair here, I did take another look at the source, and I did not see the
underlying subtitles, nonetheless, to be fair here in the reporting of this source, one must be open and honest in reporting ALL the source, even if it does NOT coincide with our opinions. In doing so, it is totally obvious that Clinton's actions are definitely questionable, however, it also shows that some of the things in which he did was indeed legal, but one can say that his actions were definitely questionable from an ethical standpoint which in my eyes, does indeed make him a scumbag and reminds me of why I personally did not vote for him, nonetheless, here is the reporting of the whole source, in all fairness, which shows both sides can be debated here. I must say, the part of the other side of this source this is the one point that bothers me the most.

" * Clinton subsequently, though family and political connections, obtains a Navy Billet from the local naval reserve unit and temporary draft protection from the Garland County Draft Board, allowing him to start at Oxford - special treatment that was not uncommon for Rhode's Scholars of the day."

Now...on with the rest of the source below:


Aside from an improper application of public law, the events outlined above are basically correct, at least until the author draws the fallacious conclusion that Clinton was a criminal for his actions. A complete account of Clinton's elaborate draft-dodge is given in the reference cited below, but the gist is this:

* Eighteen-year old Bill enters Georgetown University and registers for Selective Service, as required by law. His status as a full-time student earns him a deferrment.
* In his senior year, Bill receives a Rhodes Scholarship to study at Oxford University.
* In February of 1968, the Federal Government eliminates draft deferments for graduate students and Bill once again becomes eligible in March of that year.
* Clinton subsequently, though family and political connections, obtains a Navy Billet from the local naval reserve unit and temporary draft protection from the Garland County Draft Board, allowing him to start at Oxford - special treatment that was not uncommon for Rhode's Scholars of the day.
* Clinton completes his first term at Oxford in December, 1969, and is ordered to report for a physical in January, which he did.
* In April 1969, Bill was ordered to report for induction. However, delays in International mail delivery resulted in Clinton receiving his orders after the induction date had passed. By this time, he had begun his second term at Oxford. Regulations allowed him to complete the term, but he must report for induction by July 28, 1969.
* Once again utilizing extensive political connections, Clinton gets accepted into the University of Arkansas ROTC program on July 17, nullifying his draft notice. Clinton would not have to enroll until he completed basic training the following year.
* In the fall of '69, Clinton opts to return to Oxford, rather than enroll in the University of Arkansas Law School. While at Oxford, Clinton contacts the draft board to drop his ROTC deferment and return to active status. By this time, regulations had changed, allowing graduate students to complete their schooling before reporting for military duty. Clinton had a high enough draft number to virtually ensure he would not be called.

While his conduct may have been immoral and was undoubtedly unethical, it was not illegal under the laws at that time and, thus, the conclusion drawn that he was the first pardoned criminal to serve as President is fallacious. He craftily manipulated the system, but he had the proper and legal right to do everything he did. He was never technically AWOL, never guilty of failing to report, was never a criminal under public law and, thus, was not among those pardoned by President Carter in 1977.

References: Snopes.com
 Nona37

Joined: 12/4/2007
Msg: 562
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:36:23 PM
"Before NORAD gets a call reporting a thread hijacking, I suggest all say "Let's Roll " , and perhaps start another thread on these matters not directly related to the discussion at hand. "

I must say, I kind of agree with that reasoning, I actually saw a good topic which you started on another thread MG, about women in combat, was contemplating jumping into that one, that is something I could speak 100% confidently about my experiences, but then again, maybe I shouldn't lol
 mungojoe

Joined: 11/15/2006
Msg: 563
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:36:32 PM
Perhaps, just perhaps, this will place the issue at rest.

These are excerpts from the legal opinion issued by the DOJ, three years ago regarding torture.



This opinion interprets the federal criminal prohibition against torture codified at 18 U.S.C. §§ 2340-2340A. It supersedes in its entirety the August 1, 2002 opinion of this Office entitled Standards of Conduct under 18 U.S.C. §§ 2340-2340A.

That statute prohibits conduct "specifically intended to inflict severe physical or mental pain or suffering." This opinion concludes that "severe" pain under the statute is not limited to "excruciating or agonizing" pain or pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death."

The statute also prohibits certain conduct specifically intended to cause "severe physical suffering" distinct from "severe physical pain."



MEMORANDUM OPINION FOR THE DEPUTY ATTORNEY GENERAL

Torture is abhorrent both to American law and values and to international norms. This universal repudiation of torture is reflected in our criminal law, for example, 18 U.S.C. §§ 2340-2340A; international agreements, exemplified by the United Nations Convention Against Torture (the "CAT") (1); customary international law (2); centuries of Anglo-American law (3); and the longstanding policy of the United States, repeatedly and recently reaffirmed by the President. (4)



Section 2340A provides that "[w]hoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life." (9) Section 2340(1) defines "torture" as "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." (10)

In interpreting these provisions, we note that Congress may have adopted a statutory definition of "torture" that differs from certain colloquial uses of the term. Cf. Cadet v. Bulger, 377 F.3d 1173, 1194 (11th Cir. 2004) ("[I]n other contexts and under other definitions [the conditions] might be described as torturous. The fact remains, however, that the only relevant definition of 'torture' is the definition contained in [the] CAT. . . ."). We must, of course, give effect to the statute as enacted by Congress. (11)

Congress enacted sections 2340-2340A to carry out the United States' obligations under the CAT. See H.R. Conf. Rep. No. 103-482, at 229 (1994). The CAT, among other things, obligates state parties to take effective measures to prevent acts of torture in any territory under their jurisdiction, and requires the United States, as a state party, to ensure that acts of torture, along with attempts and complicity to commit such acts, are crimes under U.S. law. See CAT arts. 2, 4-5. Sections 2340-2340A satisfy that requirement with respect to acts committed outside the United States. (12) Conduct constituting "torture" occurring within the United States was--and remains--prohibited by various other federal and state criminal statutes that we do not discuss here.

I'll repeat that last little bit for emphasis

Conduct constituting "torture" occurring within the United States was--and remains--prohibited by various other federal and state criminal statutes

According to the DOJ, torture IS and HAS ALWAYS BEEN (since the first law was passed) prohibited by federal and state law.

There is no mention of "yes it is wrong but if it suits our purpose by saving lives or obtaining information then it can be done".

There is no mention of "40 seconds or less is OK but more than 40 seconds is wrong".

There is no mention of "unless the person is a mid to high level operative".

There is no mention of "if the judge admits evidence gained by torture then the torture is OK"

In fact, and yes this is a fact, it says torture is abhorrent both to American law and values and recognizes that it is universally repudiated

edit
For the factually challenged


the lefties boy is a freaking CONVICTED felon.

When and where was he convicted, provide the evidence of conviction.


put that up against gw who flew the f-102 our nations hottest plane at the time, which killed plenty of our pilots and some of the german pilots we sold them to

The operational F-102 (Delta Dagger or "Deuce") was a fairly stable and safe plane (only 15 were lost in Vietnam despite it's primary use in the ground attack role and none were sold to the Germans, ever
 petercentfla50

Joined: 5/11/2006
Msg: 564
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:43:26 PM
yes thats right. go tell that to your al queda buddies, whose torture chamber was just discovered the other day. you know the prison, in diyala, with the shackles and the blood spattered walls, the knives and gouging instruments covered with human innards, complete with the echoing screaming that was heard from miles around. yeah they arent playing pattycake very nice. better go tell mommy on them, or maybe the department of justice.
 Nona37

Joined: 12/4/2007
Msg: 565
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:43:57 PM
I have proved the side of where war tribunals are open for interpretation in under the law, and more times to none the Constitution is NOT involved due to sanctioning their right to do as such, no need to keep kicking a dead horse here, all laws are open for interpretations due to precidents, even within the US Amendments, therefore, we could go back and forth on this untill we are both blue in the face, it depends on the situation, it depends on what loop holes the military finds to evade judicial courts, it also depends on the rights of the enemy combatants according to the Geneva Convention it also depends on the status of POW Status if they can be labeled as such, etc...therefore, as I said before, this is a dead horse,,,this is one thing I do not look forward to in law school!!!!!
 edisto

Joined: 9/11/2007
Msg: 566
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:44:47 PM
this whole waterboard debate shows you who is a patriot and who is a communist/socialist


1. IMHO means it's an opinion, so it's good that you caught that

2. when something is in white it's because you are quoting someone else, the "pigeonhole" was actually your team member, peter's, comment not mine

it's good to see you saw it as asinine as I did (which was my point)


What pray tell would you have him do during that extremely crucial 7 minutes? Launch a nuclear strike? More than likely he heard the same as we did, and it took a lonnnnnnggggg time for it to register it was an actual attack, and at that time everyone was clueless as to who it was.


funny, it didn't take me 7 minutes to decide if it was an actual attack and I didn't have a Secret Service agent whispering it in my ear...

what would I have wanted Bush to do those 7 minutes?
hummm
excuse himself from the class
to minimize a terrorist attack on himelf, remove himself from the public eye
get up-to date with the facts of what has happened and what MAY happen
see that the VP is where he should be, and of course ask Cheney, what he as
president should do...a given of course
contact the CIA and see what they know
contact NORAD for minute by minute blows of what has happened and may happen
call his wife and tell her he loves her in case anything happens to him

geez, you think 7 minutes of funk is better than any action?

my question to you, WHO was running the country in those 7 crucial minutes after the 2nd plane slammed into the World Trade Tower...NOT Bush!

staying on topic, a president who sits stunned for 7 minutes after our nation is attacked does not have the IQ to decide (as nona gives him power to do) if waterboarding is torture
 Montreal_Guy

Joined: 3/8/2004
Msg: 567
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 12:51:29 PM
OK, let's look at another aspect of this thread, the one on "official policy" versus "individual decision to break the law" I borught up earlier .

From whatever your perspective in this discussion, would it not be better to leave the situation as it was, and leave that decision up to the individual doing the interrogation ?

That does leave the risk that it will go unreported, and that is troubling. Either way, troubling issues will be raised when we get to a topic such as this.

On the other hand it would act as a barrier that would make the decision to cross it highly dependent on the importance of the situation. If that action was taken, by an individual , and the end result was the saving of human lives - then it would still be as criminal an act, but it would also be counterbalanced by the positive benefit - IF NO OTHER CHOICE WAS AVAILABLE.

That would certainly have to be taken into the discussion of any penalty deserved.

So , here's the question.

An interrogator actually manages to get into that one in a million situation where a ticking bomb is about to go off. After trying every other course, and realizing time is running out, he decides to torture a prisoner in some way.

The end result is that a hundred people are saved from certain death by the information obtained.

The prisoner is not suffering from any long term problems from the torture, but did experience extreme pain during it.

Do you convict the interrogator for the maximum penalty, do you reduce it, or do you let him walk out scott free of any penalty whatsoever ?
 mungojoe

Joined: 11/15/2006
Msg: 568
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 1:31:59 PM

So , here's the question.

An interrogator actually manages to get into that one in a million situation where a ticking bomb is about to go off. After trying every other course, and realizing time is running out, he decides to torture a prisoner in some way.

The end result is that a hundred people are saved from certain death by the information obtained.

The prisoner is not suffering from any long term problems from the torture, but did experience extreme pain during it.

Do you convict the interrogator for the maximum penalty, do you reduce it, or do you let him walk out scott free of any penalty whatsoever ?

Without doubt a conviction should follow. As far as the degree of punishment, I would think that it should depend, as occurs in most other cases where there is no mandatory minimum sentence, on the degree of harm inflicted (e.g. Assault - a minor push will get you less than beating someone into a coma).

As far as mitigating it on the basis of his motivation, unless the law provides a specific mitigating defense, it becomes irrelevant. Much of the law is based on the recognition that often "bad things" have to be allowed to happen (e.g. you can't simply punish people for what might happen, you have to wait until it actually does happen. In this case the "ticking bomb" may just be a hoax where one does not actually exist. It is difficult to know with reasonable certainty that the bomb really does exist without having a pretty good idea of what is to be blown up or at least where it likely is.)
 TimPommell

Joined: 1/13/2005
Msg: 569
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 1:36:26 PM

1. IMHO means it's an opinion, so it's good that you caught that
I also caught that you didn't respond as to what your opinion was based on....


2. when something is in white it's because you are quoting someone else, the "pigeonhole" was actually your team member, peter's, comment not mine
Thanks, that's why I only copied what YOU posted.... You apparently didn't disagree with the parameters, just inferred that all who oppose are communist / socialist, naming specifically John McCain


it's good to see you saw it as asinine as I did (which was my point)
Ummmm.... OK


what would I have wanted Bush to do those 7 minutes?
hummm
excuse himself from the class
to minimize a terrorist attack on himelf, remove himself from the public eye
get up-to date with the facts of what has happened and what MAY happen
see that the VP is where he should be, and of course ask Cheney, what he as
president should do...a given of course
contact the CIA and see what they know
contact NORAD for minute by minute blows of what has happened and may happen
call his wife and tell her he loves her in case anything happens to him
So, because he didn't choose from your list of options he's inept? Kinda arrogant wouldn't ya say, I mean the "if I don't approve of it you must be an idiot" approach? We actually have no idea what was whispered into his ear, or if he even actually heard and comprehended the message. I'm not making excuses for him, but I'm not about to condemn him because he sat there apparently in shock, I was shocked too, and he is after all a mere mortal and not the Anti-Christ. Let's think back to the other incidents in American history where grave information was passed on to the President.... not just Bush or Clinton, but Bush I, Reagan, Carter, Ford, Nixon, LBJ, Kennedy.... All had significant issues relative to foreign armed assailants, yet we don't seem to be concerned in the least what they did for 7 minutes after they were told. Nor even the first 24 hours.... yet for some reason, because there happened to be a camera focused on him, the 7 minutes is considered a benchmark of the Presidents character and courage.... why the sliding scale?


geez, you think 7 minutes of funk is better than any action?
Actually I think 7 minutes of shock and dismay IS a reaction, the decision for action took longer, was more deliberate and you STILL aren’t happy with it...


staying on topic, a president who sits stunned for 7 minutes after our nation is attacked does not have the IQ to decide (as nona gives him power to do) if waterboarding is torture
and you were elected to the post of "all knowing" by what party and in what election? I'll wager when you found out about the attacks, there was about a half hour of OMG! going on just as there was everywhere else....
I'm outta here, see ya'll Wednesday!
 Montreal_Guy

Joined: 3/8/2004
Msg: 570
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History
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 1:46:58 PM
I say a conviction too, but strongly dependent on a variety of factors for a decision over the penalty.

If the suspect is permanently damaged physically or mentally by it, or if it was not escalated in intensity to try and minimize any potential damage, or if indeed the entire event was the wrong decision (say the bomb DID explode in another location) , then all of those things would increase the penalty slowly towards the maximum.

Someone who committed such an act, and then turned himself in , would also be considered for some leniency.

In the best case scenario , I'd consider extreme leniency.

It reminds me a bit about a soldier in Operation Overlord-Market Garden. He drove his badly wounded buddy to an aid station, and brought him in for treatment. The doctor (an officer ) told him his friend was dead, and that he would not even look any further into treating him.

The soldier pulled his rifle, locked and loaded it, and told the officer to do it anyway.

The end result was that the soldier survived, much to the officer's surprise. The soldier then turned over his weapon, and surrendered to the officer.

He was then marched out, and both men met some other soldiers. At that point, the officer explained what had just happened, and ordered the man placed under arrest.

For ( If I remember correctly) one minute.
 Merc4aGoodCause

Joined: 2/10/2006
Msg: 571
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 2:03:08 PM
MONTREAL: "As fir unlikely situations not making for good arguments, that's exactly what some have done for waterboarding's validity - with that "ticking bomb" scenario.
I do respect you as an individual, but I still cannot fathom this concept of of limiting yourself to 40 seconds of waterboarding as being some standard of morality.
What happens if at 40 seconds you still have no information of any use ?
What about 60 seconds , that's only 20 seconds more - and you save lives ?
What happens if it's a woman, or a small child that has that information, and NOT a leader or high level operative ?
Let's say that leader or high level operative is dead, and all you have left is that woman or child to reveal the plot, and they refuse to ?
Your stated motivation is to save lives, and yet you are faced with a logical dilemma when crossing this line.
You are willing to do it for 40 secs to men who are high level operatives or leaders, but then you stop there.
And if they don't talk, or are women or children, you are in exactly the same place you were before you started. People are going to die, and you've shot all the arrows in your quiver.
And that's not even taking into account they may lie, and those people still die.
At the end of the day, the only thing that's changed is you and the society you are a part of.
You've become a torturer."

Not once have I raised the ticking timebomb question. Why? because it is an extremely unlikely scenerio. You may want to stick that question to those who like to argue in the extremely unlikely scenerio department. And put the children in within that category. Your posing a question with a scenerio that makes all terrorists look dumb and naive. They are really smart people you know. They dont go around telling their wives and children about their plans. They practice operation security as well you know. Id personally by the way guestimate that 1 minute should be the limit- I have been citing 40 seconds because that was the time the origional interview stated in getting the information.
And I draw the line at mid to high level operatives because the line has to be drawn somewhere. I do acknowledge that if something like waterboarding was used widescale, it becomes of greater propaganda value.
And if you reason that since my values are not in accordance with your own and cite me as being a torturer, then if the reverse is applied to yourself and cannot cause a terrorist uncomfort than by the end of the day youve become a terroist sympathizer.
 Montreal_Guy

Joined: 3/8/2004
Msg: 572
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Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 2:40:13 PM

They practice operation security as well you know. Id personally by the way guestimate that 1 minute should be the limit- I have been citing 40 seconds because that was the time the origional interview stated in getting the information.


So, if I understand you correctly, you have a mid to high level operative strapped down to that board, and at the 60 second point you stop ?

No matter how close you are to breaking him ? Is that correct ?

You do realize that people can be rather easily trained to resist that amount of waterboarding, don't you ?

And one of the things about operational security is that anyone who knows someone is in enemy hands is going to be changing their plans pretty quickly. Terrorists are not madmen either, and they are acting with pretty much the same level of intelligence and care towards their operational ends as anyone else is.

It's not like they are staring into the mirror every morning wondering how much "evil" they can do. To them it's just a valid a cause as yours is.
 Merc4aGoodCause

Joined: 2/10/2006
Msg: 573
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 3:24:17 PM
Obviously not all can handle a minute

Well if we're midway through a sentence we can afford another 30 seconds or so, after a minute break. Maybe roll a dice. Really Id leave that up to the interregator folks who see the need to use it.

Plans dont always change you know. 911 was in the works for a while. Maybe some minor changes, but the same basic plan.

Of insurgents I would say they have goals (ones other than constant killing). But Al-Queda stands for nothing but fear and death and some more fear and death. At least Hezbollah, Hamas, the Mahdi Militia run social programs. As for Al-Queda the means have become the goals (not all to valid in these eyes)
 Hoop

Joined: 5/1/2006
Msg: 574
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 8:28:39 PM

Plans dont always change you know. 911 was in the works for a while. Maybe some minor changes, but the same basic plan.


That's right, 911 WAS in the works for awhile.
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 motownmaniax

Joined: 8/13/2006
Msg: 575
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History
Ex-CIA agent: Waterboarding 'saved lives'
Posted: 12/24/2007 11:39:08 PM

And one of the things about operational security is that anyone who knows someone is in enemy hands is going to be changing their plans pretty quickly. Terrorists are not madmen either, and they are acting with pretty much the same level of intelligence and care towards their operational ends as anyone else is.

It's not like they are staring into the mirror every morning wondering how much "evil" they can do. To them it's just a valid a cause as yours is.


Not sure if this means to understand your enemy you must put yourself in their shoes in order to defeat them, or means we must sympathize with their poor, misunderstood soul and give them a free pass.

If it's the former, I agree with you. In order to understand another's pathology of hate and dysfunction one must strive to find out what made them a monster in the first place. Any good plan to counteract evil needs basic, straightforward intelligence.

But if your stance is the latter, then I wholeheartedly disagree. Sympathizing with another's hate only goes so far, and stops when that hate has been proven to be vicious and unreasonable.
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