A summary of the history of the 2008 Intelligence Authorization Act and the anti-torture amendment
On December 6th, Senator Diane Feinstein introduced an amendment to the Conference Report of the Intelligence Authorization Act. The Conference Committee served to reconcile differences between the House and Senate versions of the Intelligence Authorization Act as initially passed.
On Wednesday Dec. 12th, it went to the House where it passed 222 to 199 (only five Republicans supported the measure)
The same day, 30 retired Generals and Admirals wrote a letter addressed to members of the Senate:
"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...Employing interrogation methods that violate the Field Manual is not only unnecessary, but poses enormous risks. These methods generate information of dubious value, reliance upon which can lead to disastrous consequences. Moreover, revelation of the use of such techniques does immense damage to the reputation and moral authority of the United States essential to our efforts to combat terrorism."
The military should know what they are talking about. They have to deal with the consequences of permitting the CIA to continue to torture.
In 2005, ABC News cited CIA sources that told of six "Enhanced Interrogation Techniques" instituted in mid-March 2002, which are in addition to those in the Field Manual. The techniques include waterboarding.
At the end of 2005, Senator John McCain successfully introduced a statement into the Defense Authorization Act. It, like Senator Freinstein's amendment, limited techniques that could be used for interrogation to those allowed in the Army Field Manual. In a second part it prohibited the use of "cruel inhuman or degrading treatment. The measure was opposed by Vice pesident Cheney who wanted an exception for the CIA. The measure passed 90-9 in the Senate.
"No person in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation."
and in part 2:
"No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment."
It included this language:
"Limitation on Supersedure .--The provisions of this section shall not be superseded, except by a provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies, or supersedes the provisions of this section."
The president, despite the above "limitation on Supersedure" wrote a signing statement:
"The executive branch shall construe [the DTA] in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power . . . "
The Administration argued that the "Commander in Chief" power grants the President complete and ultimate authority over the conduct of the government in time of war. In essense, this says that the President can ignore any law of Congress if he or she wishes.
Senator McCain's 2005 bill, specifies in that it only applies to persons "under the effective control of the Department of Defense" or in a DOD facility. This loophole would allow a detainee to be transferred by the CIA or other agency or group to another facility and the act would not apply. The Feinstein amendment closes that loophole.
In late December, it was revealed that the CIA destroyed two video tapes of interrogation of so-called "high value" detainees. Many suspect waterboarding was employed. A former CIA interrogator told ABC news that he was aware that the technique was used on at-least two persons, The new attorney general Michael Mukasey is urging the CIA to withhold from Congress documents that were requested pertinent to the investigation. He said that said if he agreed to give details,that it might suggest that political pressure could sway law enforcement decisions.
In the January 21 issue of the New Yorker, the National Intelligence Director, Mike McConnell, admitted that waterboarding could be described as torture. “Whether it’s torture by anybody else’s definition, for me it would be torture.”
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