Abercrombie criticizes "end run" around torture ban

Title X of the FY 2006 Department of Defense Appropriations Act (H.R. 2863/P.L. 109-148) included language outlawing “cruel, inhumane or degrading treatment” of detainees, such as “waterboarding”, the pouring of water over the face of a bound prisoner to induce a choking or drowning reflex.

However, in a December 30, 2005, “signing statement” issued by the President when he signed the bill into law, Bush declared that he reserves the right to ignore the torture provision when acting in his capacity as commander in chief of the nation’s Armed Forces.

The Title X language was included in the bill after it was agreed to by negotiators acting on the President’s behalf.

Abercrombie supported the torture ban.

“This is an end run around both the letter and the spirit of the law,” said Abercrombie.  “Since it’s part of a defense bill, Title X clearly applies to the President’s actions as commander in chief.  His own negotiators agreed to the language, so it’s an act of bad faith to claim now that he can exempt himself from its provisions.  Any unbiased reading of the law would affirm its applicability to any and all activities conducted by the military, our intelligence agencies, and their surrogates.

“Torture subverts democracy, and it’s repellent to our values.  Its effectiveness as a method of obtaining reliable information is doubtful.  The President’s embrace of torture raises serious questions about his sincerity when he proclaims his policy of spreading democratic values around the world.”

The full text of P.L. 109-148, including Title X, can be found on www/thomas.loc.gov.  The “signing statement” is available on www/whitehouse/gov.

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