The Illogical Torture Debate

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Salon.com

The Illogical Torture Debate

The killing of Osama bin Laden has, as The New York Times notes, re-ignited the debate over "brutal interrogations" -- by which it's meant that Republicans are now attempting to exploit the emotions generated by the killing to retroactively justify the torture regime they implemented. The factual assertions on which this attempt is based -- that waterboarding and other "harsh interrogation methods" produced evidence crucial to locating bin Laden -- are dubious in the extreme, for reasons Andrew Sullivan and Marcy Wheeler document. So fictitious are these claims that even Donald Rumsfeld has repudiated them.

But even if it were the case that valuable information were obtained during or after the use of torture, what would it prove? Nobody has ever argued that brutality will never produce truthful answers. It is sometimes the case that if you torture someone long and mercilessly enough, they will tell you something you want to know. Nobody has ever denied that. In terms of the tactical aspect of the torture debate, the point has always been -- as a consensus of interrogations professionals has repeatedly said -- that there are far more effective ways to extract the truth from someone than by torturing it out of them. The fact that one can point to an instance where torture produced the desired answer proves nothing about whether there were more effective ways of obtaining it.

This highlights what has long been a glaring fallacy in many debates over War on Terror policies: that Information X was obtained after using Policy A does not prove that Policy A was necessary or effective. That's just basic logic. This fallacy asserted itself constantly in the debate over warrantless surveillance. Proponents of the Bush NSA program would point to some piece of intelligence allegedly obtained during warrantless eavesdropping as proof that the illegal program was necessary and effective; obviously, though, that fact said nothing about whether the same information would also have been discovered through legal eavesdropping, i.e., eavesdropping approved in advance by the FISA court (and indeed, legal eavesdropping [like legal interrogation tactics] is typically more effective than the illegal version because, by necessity, it is far more focused on actual suspected Terrorism plots; warrantless eavesdropping entails the unconstrained power to listen in on any communications the Government wants without having to establish its connection to Terrorism). But in all cases, the fact that some piece of intelligence was obtained by some lawless Bush/Cheney War on Terror policy (whether it be torture or warrantless eavesdropping) proves nothing about whether that policy was effective or necessary.

And those causal issues are, of course, entirely independent of the legal and moral questions shunted to the side by this re-ignited "debate." There are many actions that the U.S. could take that would advance its interests that are nonetheless obviously wrong on moral and legal grounds. When Donald Trump recently suggested that we should simply take Libya's oil and that of any other country which we successfully invade and occupy, that suggestion prompted widespread mockery. That was the reaction despite the fact that stealing other countries' oil would in fact produce substantial benefits for the U.S. and advance our interests: it would help to lower gas prices, reduce our dependence on hostile oil-producing nations, and avoid having to degrade our own environment in order to drill domestically. Trump's proposed actions are morally reprehensible and flagrantly lawless despite how many benefits it would produce; therefore, no person of even minimal decency would embrace it no matter how many benefits it produces.

Exactly the same is true for the torture techniques used by the Bush administration and once again being heralded by its followers (and implicitly glorified by media stars who keep suggesting that it enabled bin Laden's detection). It makes no difference whether it extracted usable intelligence. Criminal, morally depraved acts don't become retroactively justified by pointing to the bounty they produced.

Read the full article at Salon.com

Glenn Greenwald

Glenn Greenwald is a Pulitzer Prize-winning journalist, constitutional lawyer, commentator, author of three New York Times best-selling books on politics and law, and a staff writer and editor at First Look media. His fifth and latest book is, No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State, about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. Prior to his collaboration with Pierre Omidyar, Glenn’s column was featured at Guardian US and Salon.  His previous books include: With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the PowerfulGreat American Hypocrites: Toppling the Big Myths of Republican PoliticsA Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism, a George Polk Award, and was on The Guardian team that won the Pulitzer Prize for public interest journalism in 2014.

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