The Turning Point
How the Susan Crawford interview changes everything we know about torture.
By Dahlia Lithwick and Phillipe Sands
Posted Wednesday, Jan. 14, 2009, at 7:44 PM ET
When Vice President Dick Cheney told the Weekly Standard last week, "I think on the left wing of the Democratic Party there are some people who believe that we really tortured," he probably wasn't thinking about Susan J. Crawford, convening authority of the military commissions at Guantanamo Bay. Crawford, a retired judge who served as general counsel for the Army during the Reagan administration and as Pentagon inspector general, is hardly the kind of hippie moonbat Cheney would like to poke fun at. And that's why everything changed this morning when the Washington Post published a front-page interview by Bob Woodward, in which Crawford stated without equivocation that the treatment of alleged 20th Sept. 11 hijacker Mohammed al-Qahtani at Guantanamo Bay was "torture."
You're wondering how it is that Crawford's claim that the United States authorized torture (not "coercive interrogation" or "enhanced interrogation" or other "nontorturous forms of interrogation" or "abuse," but torture) changes anything. After all, the Senate armed services committee issued a report just last month pointing the finger of responsibility for the military interrogations at then-Secretary of Defense Donald Rumsfeld and his general counsel Jim Haynes. The committee did not use the T-word, however. And Crawford is hardly the first high-ranking military official to use the word. Alberto J. Mora, former general counsel of the U.S. Navy, wrote in a letter to the Navy's inspector general: "The interrogation techniques approved by the Secretary
should not have been authorized because some (but not all) of them, whether applied singly or in combination, could produce effects reaching the level of torture." The 84-page log of al-Qahtani's interrogation has long been a matter of public record, and there is now little dispute that the treatment it describes rose to the level of torture. As described in Torture Team, London-based clinical psychiatrist and trauma specialist Dr. Abigail Seltzer studied the log and concluded that al-Qahtani had been tortured.
It's also not an accident that Crawford is a military lawyer. From the very outset of the Bush torture regime, it was the military attorneys who warned him—if they were given a chance—that his program was illegal.
What changes as a result of Crawford expressly using the word torture? First, the administration can no longer hide behind parsing the language of the Geneva Conventions and the torture statute. Whether or not Michael Mukasey is willing to call water-boarding torture—as the president-elect did on Sunday—a reputable senior military official has put that label on conduct that is arguably not as bad and has been widespread in Afghanistan and Iraq. In her interview, Crawford acknowledges that it was "the combination of the interrogation techniques, their duration and the impact on Qahtani's health that led to her conclusion. 'The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. … This was not any one particular act; this was just a combination of things that had a medical impact on him. … It was that medical impact that pushed me over the edge' to call it torture." What Crawford has done here is astounding. She has repudiated the formalistic (and perennially shifting) definitions of torture as whatever-it-is-we-don't-do. She has admitted that there is a medical and legal definition for torture and also that we have crossed the line into it.
The consequences go further. Crawford also told Woodward that the charges against al-Qahtani were dropped because he was tortured. This has devastating consequences for the Bush administration's entire rationale for the new techniques of interrogation: that they would make the United States safer by producing intelligence and keeping dangerous individuals off the streets. We now know they do neither. The torture produced no useful information from al-Qahtani, and the cruelty heaped upon him will make it more difficult, if not impossible, to justify his long-term incarceration.
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http://www.slate.com/id/2208688/