A Brief on the Use of Water Torture by American Officials in the War on Terrorism

Current CIA director Michael Haden has admitted that aggressive interrogation methods conveying imminent death have been used by the CIA in "small, carefully run operations" against fewer than 35 prisoners since 2002. In September 2007, Hayden removed water torture from the list of approved "enhanced interrogation techniques" authorized by President Bush in 2002. However, CIA officials are still authorized to force prisoners to stand for long periods of time, handcuffed with their feet shacked to the floor, exhausted and sleep deprived, for up to 40 hours. This method of torture was described in A Question of Torture as a favorite of the KGB. in that it "produces excruciating pain, as ankles double in size, skin becomes tense and intensely painful, blisters erupt oozing watery serum, heart rates soar, kidneys shut down , and delusions deepen."

Hayden was recently asked: "Is waterboarding torture and will you continue to waterboard? Yes or no." Haden replied "Judge Mukasey cannot nor can I answer your question in the abstract. I need to understand the totality of the circumstances in which this question is being posed before I can give you an answer."

Whether or not the nominee actually believes that "waterboarding" is or is not torture really begs the question. The real question is whether the president is above the law and whether or not, as the Attorney General, the nominee will enforce the law on behalf of the people of the United States, even as against the wishes of the president who appoints him.

When asked during Committee hearings if the president was required to obey federal statutes, the nominee replied, "That would have to depend on whether what goes outside the statute nonetheless lies within the authority of the president to defend the country." The Constitution empowers Congress to make laws and to "provide for the common defense." It’s the job of the president, including the Attorney General, to enforce the laws made by Congress. Our president has taken an oath to preserve, protect and defend the Constitution of the United States, not to subvert the valid laws enacted by our Congress.

The nominee should be required, not only to state whether "waterboarding," as commonly understood, is torture within the meaning of the law, including statutes, treaties, and the Constitution, but to also state whether other forms of approved torture are also unlawful.

Finally, the nominee must reassure all of us that the president, even acting as Commander in Chief, has no choice but to obey a valid federal statute. Unless and until he makes such a clear and unequivocal statement, the Senate should withhold its consent to his nomination and should so advise the president.

 1  |  2  |  3