Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, May 30, 2007

Andrew Sullivan on "Enhanced Interrogation"

Normally, in blog discussions, comparing those holding a particular position to Nazis constitutes a violation of Godwin's Law.  But, in this case, (1) the reference is not mine, but Andrew Sullivan's and (2) the comparison is substantively interesting, so I think I'm on safe ground.  Here's a snippet of Sullivan's intriguing post, which is apropos of the exchange we had a while back about commencement speakers, the Bush administration's policies on torture, and the Church's teachings.  Go read the whole thing:

The phrase "Verschärfte Vernehmung" is German for "enhanced interrogation". Other translations include "intensified interrogation" or "sharpened interrogation". It's a phrase that appears to have been concocted in 1937, to describe a form of torture that would leave no marks, and hence save the embarrassment pre-war Nazi officials were experiencing as their wounded torture victims ended up in court. The methods, as you can see above, are indistinguishable from those described as "enhanced interrogation techniques" by the president. As you can see from the Gestapo memo, moreover, the Nazis were adamant that their "enhanced interrogation techniques" would be carefully restricted and controlled, monitored by an elite professional staff, of the kind recommended by Charles Krauthammer, and strictly reserved for certain categories of prisoner. At least, that was the original plan.

Also: the use of hypothermia, authorized by Bush and Rumsfeld, was initially forbidden. 'Waterboarding" was forbidden too, unlike that authorized by Bush. As time went on, historians have found that all the bureaucratic restrictions were eventually broken or abridged. Once you start torturing, it has a life of its own. The "cold bath" technique - the same as that used by Bush against al-Qahtani in Guantanamo - was, according to professor Darius Rejali of Reed College,

pioneered by a member of the French Gestapo by the pseudonym Masuy about 1943. The Belgian resistance referred to it as the Paris method, and the Gestapo authorized its extension from France to at least two places late in the war, Norway and Czechoslovakia. That is where people report experiencing it.

In Norway, we actually have a 1948 court case that weighs whether "enhanced interrogation" using the methods approved by president Bush amounted to torture. The proceedings are fascinating, with specific reference to the hypothermia used in Gitmo, and throughout interrogation centers across the field of conflict. The Nazi defense of the techniques is almost verbatim that of the Bush administration..

UPDATE:  Here's Marty Lederman's (as always) interesting take on Sullivan's post.

https://mirrorofjustice.blogs.com/mirrorofjustice/2007/05/andrew_sullivan.html

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