The pending confirmation of Michael Mukasey to the position of Attorney General, now destined to go to the full Senate, thanks to Lieber-moves of Shumer and Feinstein, is troublesome to more than just we in the progressive community. Senator Patrick Leahy received this letter (.pdf) from four retired JAGs, who understand that the concept of “Rule of Law” must mean something, even with Bushies in charge.
Dear Chairman Leahy,
In the course of the Senate Judiciary Committee’s consideration of President Bush’s nominee for the post of Attorney General, there has been much discussion, but little clarity, about the legality of “waterboarding” under United States and international law. We write Because this issue above all demands clarity: Waterboarding is inhumane, it is torture, and it is illegal.
In 2006 the Senate Judiciary Committee held hearings on the authority to prosecute terrorists under the war crimes provisions of Title 18 of the U.S. Code. In connection with those hearings the sitting Judge Advocates General of the military services were asked to submit written responses to a series of questions regarding “the use of a wet towel and dripping water to induce the misperception of drowning (i.e., waterboarding) . . .” Major General Scott Black, U.S. Army Judge Advocate General, Major General Jack Rives, U.S. Air Force Judge Advocate General, Rear Admiral Bruce MacDonald, U.S. Navy Judge Advocate General, and Brigadier Gen. Kevin Sandkuhler, Staff Judge Advocate to the Commandant of the U.S. Marine Corps, unanimously and unambiguously agreed that such conduct is inhumane and illegal and would constitute a violation of international law, to include Common Article 3 of the 1949 Geneva Conventions.
We agree with our active duty colleagues. 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. All U.S. Government agencies and personnel, and not just America’s military forces, must abide by both the spirit and letter of the controlling provisions of international law. Cruelty and torture - no less than wanton killing - is neither justified nor legal in any circumstance. It is essential to be clear, specific and unambiguous about this fact - as in fact we have been throughout America’s history, at least until the last few years. Abu Ghraib and other notorious examples of detainee abuse have been the product, at least in part, of a self-serving and destructive disregard for the well-established legal principles applicable to this issue. This must end.
The Rule of Law is fundamental to our existence as a civilized nation. The Rule of Law is not a goal which we merely aspire to achieve; it is the floor below which we must not sink. For the Rule of Law to function effectively, however, it must provide actual rules yhat can be followed. In this instance, the relevant rule - the law - as long been clear: 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.
We respectfully urge you to consider these principles in connection with the nomination of Judge Mukasey.
Sincerely,
Rear Admiral Donald J. Guter, United States Navy (Ret.)
Judge Advocate General of the Navy, 2000-02Rear Admiral John D. Hutson, United States Navy (Ret.)
Judge Advocate General of the Navy, 1997-2000Major General John L. Fugh, United States Army (Ret.)
Judge Advocate General of the Army, 1991-93Brigadier General David M. Brahms, United States Marine Corps (Ret.)
Staff Judge Advocate to the Commandant, 1985-88
Filed Under: Military, The Senate, Torture, White House
Tags: Nominations
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It still blows my mind. We need to debate torture.
fiver @ 1:
if he says that it is, he’ll have to prosecute his boss….
With 2 Admirals and 2 Generals saying this……WTF is the problem! IT’S TORTURE….wheres McCain with his opinion?
tofubo @ 2:
There you have it!..Now we know why he’s willing to go w/o an AG!
How on earth can we(as a country) possbibly claim to have the high moral ground when we have essentially re-labled torture so that we can still use it.
I’d like to see some active JAGs add their names to this. Also about 538 voting members of Congress…
It’s absurd that it even needs to be said.
There is no “humane” way to “waterboard” someone. It’s torture. It’s ALWAYS been torture. It was torture when the Spanish Inquisitors did it, it was torture when the Japanese soldiers did it to allied soldiers during WWII, and it’s still torture when WE do it… no matter what method you use.
And had Saddam of used it on U.S. troops, these same neocons would of been screaming bloody murder.
I’m with fiver at #1. Can’t believe we’re having this discussion.
If it isn’t torture, why are they doing it to try to extract a confession? What is it, we’re trying to annoy them into compliance? The right wingers would have us believe that it’s just splashing people in the face. If that’s all there is to it, what would be the point? That’s supposed to make em talk?
If it’s supposed to create psychological stress, then it’s torture. If it doesn’t create psychological stress what the hell is the point?
Sorry, but if it weren’t torture they wouldn’t be doing it. Seems pretty obvious to me.
wily1 @ 5:
We can’t. That’s why torture is making a comeback around the world. If the US can do it, why can’t we?
miss_kitty @ 6:
Miss Kitty, I’d settle for two members of the Judiciary Committee named Feinstein and Schumer.
I was hoping to find Rear Admiral James McHugh (former JAG of the Navy ‘82-’84) on the signature list. He used to teach at my school. Sadly, I just found out that he died in ‘04.
We must prevail upon Chairman Leahy to postpone the vote, indefinitely if necessary. The Senate simply cannot accede to this Administration’s lawbreaking any longer.
Confirmation is complicity.
I spent nearly a thousand dollars to help get Jim Webb elected and I’ll spend another thousand to see Senator Isabela Feinstein (D-Spain) defeated.
“Waterboarding is
inhumane, it is torture, and it is illegal.”
In one ear and right out the other. I mean how many years now how have people been screaming and hollering this stuff into their ears?
This war is Illegal! Torture is uncivilized! (Yawn-Got any money to contribute?)
Hey, hey, the JAGS complain
What the hell does Bush care
What the hell does Bush care
Hey, hey, the JAGS complain
He can waterboard them too
Face it. Adolph Hitler enjoyed the kind of uncontested power and immunity Bush does.
mudshark @ 3:
McCain was tortured while a POW and it messed up his cognitive processes. I really think the torture he went through made him susceptible to Stockholm syndrome, which is why he won’t abandon bush despite the humiliating debacle of South Carolina in the 2000 election campaign. McCain is living proof of the permanent damage that torture does to a human being.
As for the JAGs, I seem to recall the currently serving JAG’s wrote a letter about Gitmo, too, for all the good that did, way back when.
Only four retired JAG’s have signed the letter? Where the hell are the rest of them???
Lieberman-Feinstein-Schummer the axis of Zionists.
What’s worse than a phony soldier? A phony soldier who’s a lawyer. Why do they want the terrorists to win?
Well you don’t get much more fucking clear than that, do you?
Diane Fienstien can take her “difficult decision” and shove it up her ass.
PurplePatriot @ 19:
Wow - it’s really bad when I can’t tell parody from real nutbaggery.
I’m betting on Russ Feingold and Bernie Sanders to vote no on Mukasey. So much for this being a Jew thing. I guess that doesn’t fit neatly some peoples narrative. When you focus like a laser beam on someones ethnicity when they do something you don’t like, there’s only one word to describe it: Racism.
Read the rationalizations of the neocons about waterboarding “not fatal if done right; pain, discomfort, humiliation OK; etc.”
Then ask yourself (or better, one of them) why not rape? I’m not joking. The same rationalizations could very easily and should be applied to allowing guards to rape detained “suspects” with inanimate objects. Or heck, just let the guards themselves. We seem to turn a blind eye to that in civilian society anyway; “if they’re in jail or prison, the probably had it coming” we say. I’m sure it would eventually “break” detainees, as the neocons trumpet about waterboarding and other torture.
This society has turned very cruel, petty, and twisted, and it did NOT start with this controversy. It has been on the boil for a while, just like racial inequality and quickly growing class inequality didn’t start with Katrina.
That is why we MUST not let the Democratic party move ANY further to the right. No one seems to be able to wake up and see how much ground (and sanity) has been lost already. I’m glad these gentlemen have decided to publicly stand against this. It IS illegal, and for a reason. And all those defending the practice already know that damn well.
They are radicals. And they are trying to change the country, permanently, to wear the face of fascism. It should be clear by now that they will do WHATEVER it takes to accomplish this. I really don’t think we should let them.
Let’s not forget, this is nothing new really. Torture has long been employed as a method in US foreign policy. Just ask the El Salvadorans, The Guatemalans, The Chileans and the Vietnamese.
Bravo for their clarity (the JAGs) . . . it’s time for Feinstein and Shumer to go
C’mon - what’s wrong with you people?
Waterboarding and other torture helps get confessions from terrorists and could save countless lives. You know, just like torture helped get confessions from all those people during the witch trials.
there not only high ranking military personnel…their Judge Advocate Generals…..that’s the same as an AG in civilian life..
swarmofkillermonkeys @ 23:
absolutely brilliant assessment swarmofkillermonkeys
I wholeheartedly agree
Whatever politician thinks waterboarding isn’t torture needs to be waterboarded on live TV to show us how trivial it is. Otherwise I simply can’t take them seriously.
And don’t forget the infamous School of the Americas.
http://en.wikipedia.org/wiki/S.....e_Americas
This is not rocket science. Like pornography, you know it when you see it.
and
what the hell
is schumer trying to
pull
Snowball Says: “I’m betting on Russ Feingold and Bernie Sanders to vote no on Mukasey. So much for this being a Jew thing”.
That’s NOT the point Ruthless People made. It was: “Lieberman-Feinstein-Schummer the axis of Zionists.” Zionist, not Jewish. There IS a difference.
Guest Posted by Sean Hannity (’s ghost writer):
I haven’t read this entire post. Don’t have to … I already know what you liberals are up to. Plus, it’s just too many words. I live in the real world where action, not words, is required. I knew I could stop reading at the word judges.
You liberals. There you go again. You and your activist judges! Now your activist judges are advocating torture for generals, or something like that. Treason, plain and simple.
swarmofkillermonkeys @ 23:
Guest posted by Sean Hannity:
This is atrocious! I am outraged that you would suggest such a thing!! You are undoubtedly funded by MoveOn.org! How dare you make such a suggestion! Outageous! Outageous! Outageous! Outageous! Outageous! Outageous!
I am outraged! Besides, this would never work. We all know that terrorists are liberals, and that liberals aren’t capable of being raped because they are so sexually promiscuous. What you call rape and torture, a liberal calls Thursday night. Torture should be uncomfortable at the least.
You are a treasonous America-hater who hates Jesus and babies too. I am outraged by you!!
Wonder when Rush Limbergh & co will start calling the authors “phoney soldiers”.
PurplePatriot @ 34:
Yes something stupid-ignorant like that.
Since it looks like there will be a full vote in the Senate on Mukasey, it is key that we put extreme pressure on the following Democrats for voting yes in favor of the S. 3930 [109th]: Military Commissions Act of 2006. (MCA)
AR Pryor, Mark [D]
CO Salazar, Ken [D]
DE Carper, Thomas [D]
FL Nelson, Bill [D]
LA Landrieu, Mary [D]
MI Stabenow, Debbie Ann [D]
NE Nelson, Ben [D]
NJ Lautenberg, Frank [D]
NJ Menendez, Robert [D]
SD Johnson, Tim [D]
WV Rockefeller, John [D]
The MCA gives the president the authority to establish a SEPARATE justice system for trying alien unlawful enemy combatants. If defines torture broadly. The MCA justice system lacks the basic protections afforded to defendants in our domestic system of laws, in our military justice system, or even in the system of laws used to try war criminals. The Nazis had more civil liberty protection than “enemy combatants” do.
Persons accused by the president of being alien unlawful enemy combatants are forbidden from invoking the Geneva Conventions. The MCA denies the combatant the right to challenge the legitimacy of their confinement and allows “coerced” interrogation techniques to be used. What does this have to do with you as a US citizen?
The president and his lawyers now claim the authority to declare ANY US citizen an “enemy combatant” and authority to define torture and material support broadly. Further “enemy combatant” is a status offense meaning if the president says you are a combatant, then you are.
Tell the Democratic Senators who helped pass the Military Commissions Act into law that it is their time to right this wrong. Otherwise, constituents in their states should mark them as torture condoning senators and vote them out of office.
just when we think we’ve heard it all………It never ceases to amaze me the bulls*** that comes out of the mouths of your goverment officials.
33
Uphere Says:
I didn’t single him out. The statement “It’s a Jew thing” came from one of the threads on this the other night. There were other similar comments as well. Just because Feinstein and Schumer are Jewish doesn’t mean this instance has anything to do with Zionism, Isreal, AIPAC or being Jewish. All roads don’t lead to Israel and Zionism unless you are a zealot, racist or conspiracy theorist. And don’t give me that garbage straw man argument that I’m calling any criticism of Israel anti-semitic, I’m not. I’m just saying it has nothing to do with this issue and you you be hard pressed to show any link other than the ethnicity of Feinstein and Schumer.
http://www.crooksandliars.com/...../#comments
moonsha @ 38:
God, I wish I wasn’t so cynical as to believe that contacting these assholes would actually make a difference. I’d have more luck contacting Jessica Alba and getting a date (with heavy petting) than actually getting through to anyone in D.C.
I hate that I feel that way.
Let’s all send out light, energy, vibes, prayers, whatever — that Feinstein and Schumer will wake the fuck up and do the right thing. We are far from alone in knowing Mukasey will be nothing but legal cover for Jr and his sneering gang of thugs.
As a voter in the state of New York, I have a big problem with Senator Schumer’s support of this cand