Intelligence Authorization
On March 11, 2008, the House voted on overriding the President’s veto of the Intelligence Authorization bill (H.R. 2082), but the veto was sustained with 220 Democrats and only 5 Republicans voting to override. The President vetoed the bill over the provision that extends to U.S. intelligence agencies and personnel the current prohibitions in the Army Field Manual against waterboarding and other torture.
Key Points:
- Failing to prohibit in statute the use of waterboarding and other torture undermines our nation’s moral authority, puts American military and diplomatic personnel at risk, and weakens the quality of intelligence.
- Indeed, in 2007, General David Petraeus wrote, “Some may argue that we would be more effective if we sanctioned torture or other expedient methods to obtain information from the enemy. That would be wrong. Beyond the basic fact that such actions are illegal, history shows that they also are frequently neither useful nor necessary.”
- Banning the use of waterboarding by intelligence personnel is particularly timely since it was just last month that the CIA for the first time publicly acknowledged that CIA personnel had indeed waterboarded three terrorism suspects. Furthermore, the Administration has refused to rule out intelligence personnel using waterboarding in the future.
- Overturning this veto would be a crucial first step in beginning to restore our moral standing in the world. It is imperative that Congress tells the world in no uncertain terms: America does not torture.
The Army Field Manual embodies the interrogation techniques that have been successfully used by the military and should also be applied to intelligence personnel. It is necessary for those U.S. personnel given interrogation responsibilities to have clear guidelines on what interrogation techniques are allowed, and what are not allowed. That is exactly what the Army Field Manual does. It specifically authorizes 19 interrogation techniques and specifically prohibits 8 techniques – including waterboarding, forced nudity, denial of food and water, and beatings. The reason to use the Army Field Manual is because it works.
General David Petraeus has stated that torture is wrong and that the Army Field Manual works. In an open letter to service members in May 2007, General Petraeus stated, “Some may argue that we would be more effective if we sanctioned torture or other expedient methods to obtain information from the enemy. They would be wrong. Beyond the basic fact that such actions are illegal, history shows that they also are frequently neither useful nor necessary. Certainly, extreme physical action can make someone ‘talk;’ however, what the individual says may be of questionable value. In fact, our experience in applying the interrogation standards laid out in the Army Field Manual … shows that the techniques in the manual work effectively and humanely in eliciting information from detainees.”
Former Director of the Defense Intelligence Agency has also emphasized that the Army Field Manual works. At a Feb. 29th news briefing to oppose the President’s anticipated veto, retired Lt. Gen. Harry Soyster, former Director of the Defense Intelligence Agency, stated, “Experience shows that the Army Field Manual’s approaches to interrogation work. The Army Field Manual is comprehensive and sophisticated. It contains all the techniques any good interrogator needs to get accurate, reliable information, including out of the toughest customers. .. If [individuals] think these [harsh interrogation] methods work, they’re woefully misinformed. Torture is counterproductive on all fronts. It produces bad intelligence. It ruins the [interrogation] subject, makes them useless for further interrogation. And it damages our credibility around the world.”
30 retired military leaders have pointed out that failing to prohibit harsh interrogation techniques endangers our men and women in uniform. In a December 2007 letter, 30 retired military leaders wrote, “We believe it is vital to the safety of our men and women in uniform that the United States not sanction the use of interrogation methods it would find unacceptable if inflicted by the enemy against captured Americans. … The current situation, in which the military operates under one set of interrogation rules that are public and the CIA operates under a separate, secret set of rules, is unwise and unpractical … What sets us apart from our enemies in this fight.. is how we behave. In everything we do, we must observe the standards and values that dictate that we treat noncombatants and detainees with dignity and respect.”
Many retired military leaders have also pointed out that waterboarding is clearly torture and illegal. For example, Retired Admiral Donald Guter, Judge Advocate General, wrote in a November 2007 letter, “Waterboarding is inhumane, it is torture, and it is illegal… This is a critically important issue – but it is not, and never has been, a complex issue, and even to suggest otherwise does a terrible disservice to this nation. … Waterboarding detainees amounts to illegal torture in all circumstances. To suggest otherwise – or even to give credence to such a suggestion – represents both an affront to the law and to the core values of our nation.”
Overriding this veto would be a first step in restoring our moral standing in the world. Under President Bush, several things have occurred that have undermined the moral standing of America in the world – including the use of waterboarding, the scandal at Abu Ghraib, and holding detainees without charge indefinitely at Guantanamo. America must begin to work to restore our moral standing – by working to erase these blemishes on our reputation. One of the most critical steps we can take is to override this veto and ensure that all U.S. personnel – both military and intelligence – do not use torture or other harsh, coercive interrogation techniques. This is a concrete step to begin to make America once again a beacon of hope and light and democracy all around the world.