From: Linda on
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http://technocrat.net/d/2008/4/7/38916
Torture for Fun and Profit
Thomas Lord Mon, 07 Apr 2008 14:24:52 EDT About Technocrat.net

Subtitle 1: "But the President told me to."

Subtitle 2: "My experts told me it was necessary."

Subtitle 3: "Torture performed in good faith isn't torture." -- Yoo
(paraphrase)

As many of you probably know, the famous torture memo as been made
public.

The basic administration legal defense is simple enough: The security
of the state is paramount so the president has broad authority in war.
Actual torture is only "the really rough stuff" but "giving someone a
hard time" isn't. Heck, if you wind up really hurting someone that's
ok because, just like when your mommy had you tied to her apron
strings, all is forgiven as long as it was an accident.

Now, frankly, that's a good defense in the case of freak accidents
when people like interrogators, guards, etc. are acting "in good
faith" and are doing things that reasonable people would not have a
problem with. Here is an example from imaginary testimony:

The prisoner was uncooperative with interrogators and had taken to
throwing his soup at the guards. We said, like the famous sit-com
character: "No soup for you!" We began serving him a flavorless but
nutricious mush, instead. Unfortunately, unbeknownst to us, the mush's
manucturer had recently moved operations to a factory where peanuts
are also handled. The prisoner has a severe allergy to peanuts. By the
time we realized that something was wrong, the second day, the
prisoner had suffered organ damage.

Perhaps (if not probably) in such a case, there are defendents with
liabilities there, at least civil and possibly criminal negligence.
After all, the state has seized complete control over the prisoner's
diet and, therefore, has responsibility to excersize all of the care
that a reasonable person would exercise over their own diet. Even if
the prisoner did not disclose his peanut allergy, it is a common-
enough condition and it is standard best practice to avoid peanuts and
other common allergins when in doubt like that.

Nevertheless, the withdrawl of privilege ("No soup for you!") is a
standard best practice, well researched, as a way to begin to bring
recalcitrant prisoners into a more cooperative state. It is a way to
say, "Oh, you wanna be that way? Well, what's it worth to you?" My arm-
chair psychologist understanding is that the privilege extension and
withdrawl game is successfully applied with criminal prisoners, with
mental health prisoners, with prisoners in rehab facilities, and in
jump starting children whose early pedeagogy set them off on a bad
foot. The full form goes: "No soup for you. But make your bed for the
next three days and you'll get your soup back. It's just three days.
It's up to you."

Because the peanut incident was an accident in pursuit a reasonable
and humane discipline (at least if applied to a legitimate rather than
merely political prisoner), the behavior of the officials of the
prison would at least not rise to the level of an international crime
against humanity.

And that's a correct application of Yoo's argument.

Here are some incorrect uses for that argument:

Some internal CIA memos said this was really the best way so we took
to grabbing and twisting his balls, trying to follow the guidelines in
the papers about the appropriate amount of torque. Unfortunately, that
was hard to guage. We probably should have stopped after the first
bruises but nobody suggested we should and we had our orders. The
documentation was unclear. We weren't certain we were doing harm until
it was too late.
....and of course the speaker wasn't aware because they were incapable
of observing the facts directly before them. They did not see a
prisoner but a piece of valuable inventory to be handled according to
procedures.

Another example:

The guys in the camp are always trading gallows humor among themselves
so it didn't seem like such a bad idea -- kinda funny really -- to try
to put the fear of god in him with the dogs. I don't understand why
he's been catatonic since but I don't think it was our fault because
our COs were smirking the whole time when they could have stopped and,
really, we just thought it was kind of funny and would all be over in
a few days.
....and of course the speaker feels innocent. He's got the support of a
whole group of "his kind" and therefore is unconcerned with observing
the facts dierctly before him.

And this brings me to my points today: hypocrisy, the "reasonable
person," and making a profit by causing the suffering of others.

Some people, it is my impression, read a memo like Yoo's like some of
us might read an employment contract. Find the rules and within those
rules, find your defenses up front. Know your rights and use them. For
example, some rules of thumb:

before threatening a prisoner with dogs, get your CO to confirm that
that's policy
before taking to twisting the prisoner's balls, save a copy of that
CIA paper someplace safe so that you will be able to point out the
basis of your good faith.

That is hypocrisy, of course. Nothing justifies the dogs or the ball
twisting (or any real world cases like dogs and water boarding). No
actual person believes that such things do not fit the definition of
torture. What we have here instead is a set of people who think they
can make a case in court that they had an excuse.

"Reasonable person" has two meanings in our society. On the one hand
it is a legal construct: a set of assertions and rules-of-reason found
in case-law, legal references, legislative texts, congressional
debates, etc. On the other hand, a "reasonable person" is just
something we all know when we see it. And in the case of torture, at
least internationally, it is my firm belief that that second
definition prevails.

I learned the lesson of the true meaning of "reasonable person" as a
hacker, back in college. By "hacker" I mean "playful, exploratory
technologist". Following a long tradition (e.g., MIT "pranks") we
young'ns definitely stretched the rules. Ok, no, we flat out broke
rules. We stole liquid nitrogen from the physics department to play
with. We released (almost harmless) computer viruses on very early
campus networks. We picked locks to storage rooms. We broke into steam
tunnels. We hacked some campus publications through illegitimate
access to the publishing office computers. It was all giddy fun.

None of our hacks were particularly safe or wise. Their best virtue
was that we picked those hacks with some subtle encouragment from our
elders, precisely because they knew we would get quietly busted,
pretty quickly. Once busted, the calmer, older ones could let us off
the hook with a stern dose of embarassing us by pointing out how badly
they could easily have gone wrong.

And that was a reminder that lasts a lifetime because we knew all
along that we were "being bad" -- it just didn't feel like it, since
it was such giddy fun.

Once you get busted in that state, having giddy fun and then
confronted with the great harm you might have caused if you continued
down that path, you wise up. Another example: if you are in the habit
of tearing down the highway at dangerous speeds on your motorcycle, a
few good slaps can turn you into the guy who drives the truck that
goes and helps clean up accident scenes. You may never (nor might any
of us ever) achieve some state of enlightment where, forevermore, all
of our actions are "reasonable" -- but you at least know the stakes
and knowing the stakes, you make your choices: reasonable person or
giddy fun?

With grown-ups, like CIA and contractors at Abu Ghraib, or like CIA
and regular army at Gitmo, it's a different story.

They aren't playing for giddy fun, anymore, although (judging by the
pictures) that is part of the bonus package. They're playing for
money.

I've made the three points: "torture", "for fun," "and for profit."
Here is a postscript:

What do we do as a nation, now that these things have happened? Today
is the first day of the rest of our lives, they say. What next?

What I sense is the Bush thought is a Carter-esque exit plan: a
presidency that stays the course for what remains of the last year,
trying just to keep things from going non-linear. A January swearing
in and, next day, the closing of Gitmo and the first 100 days spent
trying to make gestures of ammends and reconciliation.

That doesn't satisfy me. It's more of the same. It's just a way to
protect the profits made so far.

There's no reason for reconcilation not to start today. Save the
nation, not your asses.

Oh, and, with hypocrisy goes cynicism: starting reconciliation today
may make it a lot easier for a heck of a lot of high-brow people to
travel in Europe without too much fear of a tap-on-the-shoulder and
taking-into-custody.

From: Larry Hoover on
Who cares, you hypocrite kook. Go away. If what you ramble on and on about
has validity, I can't imagine why you're worried about Usenet posters, but
not the people you're maligning.