Fighting to Stop Torture—UPDATED

Listen to veterans who know the importance of the Geneva Conventions prohibitions on torture to our soldiers on the battlefield. Listen to what John McCain says about torture. It’s a vital dividing line between civilization and barbarism, even in the worst of war.

A country can’t cross that line without suffering grave harm, from increased danger to its soldiers to a lessening of moral authority in the world.

There are some dividing lines of right and wrong that simply should not be crossed, and torture is one bright one. And I’m determined to do all I can to keep our country on the right side of that line.

In an Administration where Attorney Generals have seemed conveniently unsure of what constitutes torture, let’s give the next Attorney General a law that leaves no doubts in anyone’s minds.

Let’s bring all of the United States government under the Army Field Manual’s directives, and specifically define as torture a series of actions and techniques, such as waterboarding, mock executions, beating or “other forms of physical pain to an individual”, and a number of others.

The sad truth is that we need to do this when you have an Administration that has blurred the lines of torture and a Vice President who lobbied for it. It’s time to make the Administration hear the voice of the American people saying, “We believe this is wrong, and we won’t have this done in our name.”

I set up a petition on my website where you say tell Congress that you believe that torture isn’t just immoral, it should be illegal. I included a place where you could put your own thoughts on why you believe this so strongly.

We should all add our voice and say, “Not in our name!” So, click here to add your name to the list of Americans who are saying just that: “There will be no torture in my name.”

But that’s not the end; this will be a long legislative fight, and this is not just a petition, this is the beginning of a campaign to make this happen.

So I’ll be keeping in touch with you, letting you know about more opportunities to make a difference, from calling into the offices of your Senators or Representatives to writing letters to the editors of your local paper and much more.

This is not going to be an easy fight. The Roadblock Republicans are well practiced in their methods of obstruction and fear on these issues, and they’ll be pulling out all the stops on this one, I’m sure.

(The only time they seem to want to talk about Osama bin Laden is when they’re trying to defend actions like this, so I’m sure we’ll hear lots of scaremongering throughout this fight. We’ll need your help to get this done.)

It’s time to help put our country on record: torture is against the bedrock morals of this country, and we won’t stand for the use of it in our name.



Senator Kerry later added these response updates to the version of this blog post that was cross-posted at Daily Kos:

update: Many of you have mentioned that torture is already illegal, and that there are laws against waterboarding in particular. And that’s true. And, until this President, we never had a chief executive who wanted to blur those lines. But this President has been intent on defining “torture” differently, and his Administration claims that the CIA is not bound by the same statutes as the military. That was why Judge Mukasey’s refusal to define waterboarding as torture worried me: that ambiguity seemed consistent with the Administration’s views. So, what this legislation does is make it completely clear that all of our government is bound by the same restrictions as the military, period. It explicitly says that waterboarding is torture, and is therefore illegal. It closes a loophole that the Administration has been intent on exploiting.

We could argue until we’re blue in the face on whether that loophole is real or not, but that won’t stop anything. We need to assert the power of the legislative branch and make clear exactly what the law is, for this and all future Administrations. We need to do what we can to make it crystal clear what we stand for as a nation.

update2: Another update – I find it’s better to answer common questions up here.

Many of you asked what the purpose of the petition is and where that fits in to the campaign. Petitions are good for one thing: letting people know a lot of people care about an issue. So I’ll submit the numbers and list of people on the petition to my colleagues to let them know how many Americans want a change on this. But that can’t be the end; petitions are only the first step, just to get people’s attention. We need to do much, much more, and I intend on doing so. We need to keep building up the pressure, calling in to Congress and especially raise the heat in our greater society over this. So the petition is a great first step, but, like I said, it’s only a first step. I’ve seen too many petitions in my time that weren’t followed up with effective advocacy, and I’m determined that won’t happen here. If a petition is the whole campaign, that’s not much of a campaign and won’t change people’s minds.

update3: OK, to answer another recurring question: no, this doesn’t immunize anyone or give legal cover to prior activities. This simply makes clear that the Army’s guidelines governing the military’s conduct also apply to every agency of the American government. Vice President Cheney tried to get the Republican Congress to create a special loophole for the CIA in 2005 that muddied the waters on what they could and couldn’t do. It’s that perceived loophole they are trying to exploit, as I mentioned earlier. We’re bringing clarity to this issue, rather than allowing any bad behavior to fester in the shadows. But, just to be clear, this doesn’t, as some people have asked, create any immunity for any actions that were illegal before. We’re just shining a bright light on this behavior, drawing clear lines that even the Bush Administration or future Republican Administration (if there are any) will understand, and saying, “Our government will not torture. Ever.”



9 Comments

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I can’t support this bill.
Waterboarding is torture as defined under the Convention against Torture. The US has prosecuted waterboarding as a war crime in the past. There is no need for another law defining it.

A law that would be subject to a presidential veto, which would leave the situation far vaguer than it now stands. Even if the veto was overridden, such a law would allow the administration to argue that since Congress felt the need to pass a new law, if must not have been illegal until then.

Further, administration arguments that Congress cannot override the president’s inherit Commander in Chief powers would apply to this as well.

Don’t waste time attempting to outlaw torture, again. Filibuster the Mukasey nomination instead. We do not need to confirm an Attorney General who will not respect the rule of law. If he’s the best nominee we’ll get from Bush, then we can do without.

Thank you

Posted by Jeff MacDonald | 11/07/07, 09:19 AM EST

No, We Do NOT “Need To Do This”

We do not need to “define” a damn thing. The “defining” has been over for hundreds of years and the “legislative fight” has been over for generations—US CODE Title 18,2441 War Crimes.

And we do not need our oath-bound, sitting Senators to be circulating petitions. We can do that for ourselves.

We need our “leaders” to DO their damn jobs. We need them to defend the US Constitution and fulfill our treaty obligations.

That means demanding impeachment and prosecution of known war criminals. Even if that isn’t convenient right now and makes for tense Georgetown cocktail parties.

Anything else—like this drivel—is the “double-talk and obfuscations.”

It is the DC Dems that need to “hear the voice of the American people.”

Failure to impeach is complicity—approval—exoneration for the regime.

Stop talking and start DOING.

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Posted by SenatorDU | 11/07/07, 11:00 AM EST

Jeff, I agree with your comments - well said! I didn’t read your blog before adding my name as a supporter of S.1943, or I doubt I would have signed on. 

I had another concern regarding the bill, however.  The language specifies:  “. . . applicable to individuals under the custody or physical control of the United States Government.” My concern is that this wording might provide leeway for officials to turn prisoners over to other entities for interrigation/torture (i.e. Blackwater or other contractors, foreign governments, etc) since those prisoners would no longer be under the “custody or physical control of the United States Government”.  In my opinion, this wording would provide undue leeway for our government to engage in torture while obeying the letter of the law.

I had hoped to post this message directly to John Kerry but couldn’t find a way to do so.  I hope he will read this post and revise the language of the proposed bill to address this issue or, better, impeach both Cheney and Bush for war (and other) crimes.

Re fillibustering the Mukasey nomination:  I recently read an article (can’t remember where - either NY Times, Huff Post or Daily Kos) that mentioned one reason Mukasey’s nomination would most likely proceed is because it is feared that Bush would simply appoint an “acting AG”, circumventing the approval process entirely. The article argued a Bush appointed “acting AG” would probably be even worse than Mukasey.

Posted by Susan Zander | 11/07/07, 11:37 AM EST

I disagree completely.  The Mukasey nomination is going to go through.  The Senate Judiciary Committee approved this guy yesterday. There are over 60 votes in the US Senate to approve him as the new AG. (Holds don’t matter.  Holds are broken just like filibusters, by getting 60 votes to override them.  They have the 60 votes.)

Mukasey sent a letter back to the Judiciary Committee that explained his opinion on torture.  He said if the Congress defined torture, he would uphold the law.  I am glad Sen. Kerry is calling Mukasey out on this.

Okay, torture has been defined.  It has been spelled out.  This is what the US Senate thinks is torture.  This is not a replacement bill, it’s not a new definition, it’s a spelling out of what the Government cannot do. Now Mukasey has the existing law clarified.  It was not rewritten, it was explained.  Now, as AG, go uphold the law.

Bravo Sen. Kerry.  Smart move. Bravo.

Posted by BostonGirlsRock | 11/07/07, 01:01 PM EST

I trust John Kerry to handle this issue.He knows what to do and as always, he takes the correct position. He is a leader and a true statesman. Oh how I wish he was President.

Posted by john stone | 11/07/07, 01:02 PM EST

Waterboarding is torture...but would you rather waterboard a terrorist with valuable info on potential plots or let hundreds (or even thousands) of innocents die?

Posted by James | 11/08/07, 08:35 AM EST

It’s pretty sad when the Congress has to actually define what torture really is suppose to be. But this is what has come down to.

My other thought: What kind of person is Judge Mukasey when he can’t, or won’t, define water boarding as torture? Remembering that the Army has a field manual about the very subject, how does Mukasey look at himself in the mirror every morning? I am concerned about this man.

Meanwhile, others here and other places keep talking about impeachment. Senator Kerry and his colleagues in the Senate cannot impeach - they don’t have that power. I suppose they can suggest this action to the House, but what else can they do?

Bottom line, I trust Senator Kerry and his abilities to do the right thing.

Posted by BlueWashington | 11/08/07, 09:26 AM EST

James, I couldn’t let your comment go by without examining it further: Torturing for valuable info. It’s pretty much how we got into this obscene mess in Iraq. Does the name Ibn al-Shaykh al-Libi mean anything to you. It should. al-Libi was a Libyan paramilitary trainer for Al-Qaeda. After being captured and interrogated by American and Egyptian forces, the information he gave under torture was cited by the Bush Administration in the months preceding the 2003 invasion of Iraq as evidence of a connection between Saddam Hussein and al-Qaeda. That information was frequently repeated by members of the Bush Administration even though then-classified reports from both the Central Intelligence Agency and the Defense Intelligence Agency strongly questioned its credibility, suggesting that al-Libi was “intentionally misleading” interrogators.

Al-Libi has been identified as the primary source of faulty prewar intelligence regarding chemical weapons training between Iraq and al Qaeda that was used by the Bush Administration to justify the invasion of Iraq. Specifically, he told interrogators that Iraq provided training to al-Qaeda in the area of weapons of mass destruction. In Cincinnati in October 2002, Bush informed the public:

“Iraq has trained Al Qaeda members in bomb making and poisons and gases.”
This claim was repeated several times in the run-up to the war, including in Colin Powell’s speech to the U.N Security Council on 5 February 2003, which concluded with a long recitation of the information provided by al-Libi. Powell’s speech came less than a month after a then-classified CIA report concluding that the information provided by al-Libi was unreliable and about a year after a Defense Intelligence Agency report concluded the same thing.

Please James. There are other ways to gather intel other then using ‘enhanced interrogation’. look at the mess we’re in right now. The pros know how to gather information, and they’ve been doing it succefuly for years - without ‘enhancements’.

Posted by BlueWashington | 11/09/07, 12:57 AM EST

Senator Kerry,

Thank you for everything you do in the Senate.  Of course, I cannot help but think how things would be very different to have a leader like you in the White House instead of the “decider” that we have now.

This administration believes that by changing the meaning of words they will change their responsibility for illegal acts.  The biggest problem with torture is what it does to us.  Not to our enemy.  How it redefines what America is and not what it has always been, a nation the respects the basic of human rights and respect to decency that defines us. 

Waterboarding is torture.

Extraordinary rendition is is extraordinary definition of American law.

Congress has the right to legislate.  The President has the right to veto or sign laws but he/she does not have the right to legislate by fiat.  To legislate with signing statements.

Thank you and know that you have many friends and supporters.  Is it time to start thinking about 2012?

Bob

Posted by Robert Freedland | 11/12/07, 10:45 PM EST