TNL Features - Politics

Torture and Truth

by Christopher Badeaux

The CIA and Torture

One of the more admirable category errors of American politics is to confuse the moral imperative or import of a policy decision with its practical effects. It is a good thing that despite three decades of effort to the contrary, abortion policy is still freighted with moral concerns; that war is not simply the health of the State, but raises questions of collateral damages; and that the social safety net’s effects, good and ill, on the moral health of the citizenry are living aspects of our policy discussions.

Merely because it is admirable, however, does not mean that it is always right. A case in point is the so-called “torture” debate, which all too often betrays the advocate’s moral preference in his opening statement, which is either “torture works,” or “torture doesn’t work.” (Much of the current debate involves waterboarding, which anyone with any familiarity with real torture would recognize is torture like I’m an NFL offensive lineman, but for the sake of this discussion, let’s assume waterboarding is indeed a kind of torture.) Former Vice President Dick Cheney is engaged in a campaign to show that his administration’s use of “torture” to extract useful, necessary information was not only successful, but appropriate. Ben Smith of the Politico — whose primary use is to provide a thermometer for current left-liberal whines — is peeved with the Washington Post for running a feature that, horror of horrors, suggests that Mr. Cheney is correct.

Let me put my moral perspective out there at the start of this: My faith teaches, as an infallible principle, that torture is always wrong. It degrades both the person torturing and the one tortured. It is gravely offensive, and is a mortal sin. Unlike Senators from Massachusetts, I understand that if I cannot profess that faith, I must take another. I can and I do. I can therefore say with no doubt that torture is always wrong, and is a grave sin, that places one’s soul in jeopardy of Hell. That is true for everyone, whether they believe it to be or not. I cannot say that if the difference between my family’s life and death was torturing another man, I would not do so. I recognize there would be a cost to it.

I tell you this because the truth is that torture works, for a certain value of “works.” Whenever you read about how torture is awful and ineffective, you’ll see something about how the tortured will say anything to make the pain stop, and that’s why confessions obtained by torture are useless. (As a side note, that assumes that you care whether the confession is true or not. If you don’t, it’s a great way to get confessions.)

But this is to confuse the point terribly, and is honestly usually done out of ignorance or bad faith. Human experience — in the last century alone, I count eight regimes (the British, the French, the Soviets, the Imperial Japanese, the Nazis, the People’s Republic of China, the North Koreans, and the North Vietnamese) that fit the bill — teaches us that torture is a highly effective way of extracting information from the tortured.

John McCain, for example, though a horrible Presidential candidate, has spoken movingly of how he — a brave, decent, patriotic man — gave up more than he wanted and more than required when broken by torture. (I note that Senator McCain’s story has changed somewhat in the telling over time, which I take not to be a sign of dishonesty, but rather of a man coming to grips with trauma the likes of which most of us can’t even visualize.) While most modern American journalists probably have no idea why Camus was writing about Algeria, France carries the legacy of its actions, including its highly effective use of techniques that make waterboarding look like being tickled with feathers, to this day. In fact, we learned waterboarding from the North Koreans and Chinese, who were quite adept at extracting useful information through pain. The Soviets, Nazis, Japanese, and Brits all believed the exigencies of World War II were great enough to justify the use of torture on prisoners (especially, in the case of Great Britain, if we expand torture to include lesser things like waterboarding), and the first two happily employed the practice in day-to-day intelligence, counterintelligence, and police work.

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The statement that torture doesn’t work is simply at odds with centuries of human experience. It is like those people who insist, as my friend Dan McLaughlin has said, that Derek Jeter is a great defensive shortstop: “Statistical analysts regard the debate over Jeter’s glove not as a debate among analysts but a debate between analysts and people who simply refuse to look at the evidence.” The Washington Post’s piece on Khalid Shiekh Mohammed, and the recently released CIA memos, are merely grist for the mill.

On the other side of this debate, however, is the categorical assertion that “torture works.” This is only mostly true, and is the real reason why America does not condone real torture: You have to be willing to keep going.

Torture is an information vector. Our Survival, Evasion, Resistance, and Escape school (SERE) historically taught those service members who passed through it that under torture, you will talk, and you will tell your torturer what you know. This was not in fact a decades-long quest to prepare the armed services to bend to the will of George W. Bush and Richard Cheney, but a reflection of American experience in war (where we observe the Geneva Conventions, and our enemies do not). The goal was to prepare the men and women who passed through the schools for the inevitable moment when they broke, so that they would retain the sense of dignity and self-worth needed to survive and escape; if they know they’ll break, they’re less likely to commit suicide over breaking.

The problem with the image of torture we see on TV — where someone holds out indefinitely against all odds, or simply breaks and begins sharing — is that it is stupid. No information vector is perfect. One cross-checks against other sources of information. Satellite imagery is checked against human intelligence on the ground. Information gleaned through torture is checked against known truths. This is true for any method of information extraction.

When you torture someone, or befriend him, or threaten his family, or give him a cigarette, you are not making him a perfect conduit for information. Instead, you are making him a conduit for signal and noise. Befriended targets slip lies in with the truth, because only in movies does true love bloom between the beautiful (but kindhearted!) interrogator and the handsome (but vulnerable!) detainee. Tortured detainees share everything and anything they know, which means you get a great deal of dross for the pure metal you’re getting. Men who lie when they are tortured will lie when they are not, and vice versa.

And so you must cross-check and be willing to torture again. A tortured target who lies must be punished with more pain until he’s willing to identify what’s true and what’s not. (A befriended one must be cross-checked again and again less directly.) Any source of information requires man-hours spent and, frankly, wasted. You can’t befriend your target into sharing the location of the nuclear suitcase by giving him a bucket of the Colonel’s best, and you can’t torture him into it with any certainty in ten minutes.

These are not groundbreaking assertions. They are the wisdom of centuries of human experience. Men have tried everything imaginable to get more information from other men, and have found that nothing is perfect, and very little is valueless.

After the latest suicide bombing

Without understanding this dilemma — largely because the population does not torture and the commentariat is filled with historically obtuse men and women who think thumb screws and waterboarding (and opposition to legalized abortion!) are the outer limits of human depravity — our political discussion is skewed. We are left arguing about whether we “torture” as a matter of national policy, and whether torture “works.” This is like arguing about whether we nuke as a matter of national policy, and whether nuking works: We’ve done so, and it works, but only with enormous implications that we’re not willing to accept except in the darkest of days.

The subtle online humorist Conor Friedersdorf — whose delightful, gonzo schtick is that of a bewildered “conservative” with no conservative inclinations — made one of the best satirical expositions of this dilemma I’ve yet seen:

Though I cannot say definitively whether torture is or isn’t an effective utilitarian tool, I am mightily influenced [by] Jim Manzi’s observation that “we keep beating” torturing nations. “The regimes in the modern world that have used systematic torture and directly threatened the survival of the United States—Nazi Germany, WWII-era Japan, and the Soviet Union—have been annihilated, while we are the world’s leading nation,” he writes. “The list of other torturing nations… has won no competition worth winning. The classically liberal nations of Western Europe, North America, and the Pacific that led the move away from systematic government-sponsored torture are the world’s winners.”

Friedersdorf is satirizing the entire debate — not only those so historically dense as to think we “beat” Nazi Germany without the aid of the torturing Soviet Union, or that our defeat of the Soviet Union was in some sort of military conflict, or that China, North Vietnam, and North Korea are historical footnotes — but by a subtle twist, those who pretend that America is uniquely willing, among the West, to apply isolated bouts of pain to achieve limited ends, thereby excising British and French amoral steel in conflict.

In a rare moment of obliviousness, Friedersdorf misses the real problem here: Because of this inability to discuss the truth about torture in any meaningful way, the partisan warfare in which we have been engaged for my entire lifetime has found a new channel to course. Ordinary, milquetoast politicians find themselves incapable of acting like adults when the topic arises.

Thus, Attorney General Eric Holder is renewing a criminal probe of CIA officers accused of torture that was shut down last year by career prosecutors, which is to say, nominally non-partisan actors. Necessarily, this was President Obama’s decision by act or omission, because DoJ is an Executive department (any talk of prosecutorial independence is laughable for anyone who knows anything about DoJ). Senator Sheldon Whitehouse (D-RI), a former United States Attorney, has been so taken with partisanship that he is accusing John Yoo of malpractice for failing to cite irrelevant cases, and suggesting that Washington, D.C. is in the Fifth Circuit.

A few months ago, at this point, it would have been trendy to say something along the lines of “we have too many important things going on to allow this to devolve into partisanship,” or words to that effect, and then explaining why it was a good idea to allow the Obama Administration to do whatever it wanted. This is to treat partisanship as a disease rather than as a useful way to highlight policy differences for Americans so we don’t have to pay too much attention to politics. The clash of parties and inclinations and ideologies and policies and programs is vital to a healthy Republic, if ultimately fatal to any kind of democracy.

The problem is that we are treating a series of vitally important questions and turning them into a live-action version of The West Wing. On matters that literally involve life and death, our political class is more concerned with one-upmanship.

We should not care that this distracts President Obama from his domestic agenda, or makes his wavering over Afghanistan more agonized, or whatever the concern of the day might be. We should encourage that result, because he campaigned on openness in government, and on the implicit assumption that his predecessor erred badly. We should demand the release of every last memorandum and paper on the extent, nature, and effectiveness of the former Administration’s enhanced interrogation techniques, because America is not the Vatican, and the American people are entitled to know not only what was done, but whether it was effective.

We are entitled to facts, and truth, and to gauge how we balance those acts and those results against the alternatives. If that embarrasses the Republican or Democratic Parties, so be it. The alternative is a politicized war over every last foreign policy action, and the last time we tried that gambit, it ended with smoking craters in the Northeastern United States.

Christopher Badeaux is a Senior Editor of The New Ledger.

TNL
  • You glossed a fundamental variable in the morality of torture: whether it is used to extract a confession or to extract verifiable information.

    Getting a tortured party to admit guilt is of use only to the PR needs of evil regimes. But getting someone to confess to a crime is wrong independently of the method used to extract the confession. The degree of discomfort involved merely raises the likelihood of error.

    So when you say "My faith teaches, as an infallible principle, that torture is always wrong", you must define whether you mean torture for confession or torture to extract information that is known to exist.

    Conflating torture for confession, which we all agree is bad, and discomfort or deceit for information extraction, about which we're all uneasy, creates a straw man.

    And so you must define "torture". Is torture a specific set of techniques, or does it include the use of any discomfort whatsoever? If you're going to send people to Hell for defending your rights to Life, Liberty, and the pursuit of Happiness, then you at least owe them the courtesy of drawing the lines they mustn't cross.
  • CSBadeaux
    I glossed over nothing: The morality of an act is not always directly correlated with its intended end. So when I say that the Catholic Church teaches that the use of torture is inherently wrong, I do not need to qualify it, because, first, that is an accurate recitation of the Church's teachings; and, second, because it is normatively true.

    I made it a point to differentiate, for utilitarian purposes, between torture for confession and torture for information. I did not differentiate them for moral purposes because there is no moral difference. This is why I did not spend most of the time in this piece discussing the public morality of torture -- that is something for the citizens of the country to work out on their own.

    I am not sending anyone to Hell.
  • To start, I should have said that your piece was thought-provoking, as usual. However:

    You have not defined "torture". You use the word, with all of its connotations of medieval dungeons and modern totaliitarian methods, as a club. I understand your reluctance to distinguish between either motives or results in declaring all torture bad. But to do the work you did and not to define your terms seems a half measure.

    Also, the ground you have staked out (that though undefined, torture is never allowed), leads directly to allowing the death of the entire human race at the hands of a thug you refuse to vigorously question for fear of trampling his feelings.

    On the other hand, you say, "I can therefore say with no doubt that torture is always wrong, and is a grave sin, that places one’s soul in jeopardy of Hell. That is true for everyone, whether they believe it to be or not. I cannot say that if the difference between my family’s life and death was torturing another man, I would not do so. I recognize there would be a cost to it."

    When I say you are sending someone to Hell, I of course do not imply that you have that power, but the foregoing makes the will to do so apparent.

    And all because you refuse to face the notion that torture is in the eye of the beholder, and that pain inflicted for gratification or PR is not the same as for some more noble purpose (whether it is effective or not). You come to the realization that you could not live up to your ideals if it risked your own family, but insist that others do not have that latitude.

    Do I mischaracterize your position?
  • CSBadeaux
    First, I appreciate the compliment.

    Second, I have neither attempted to use "torture" as a club nor have I suggested it would be appropriate to allow the human race to perish so as not to trample a thug's feelings. (To the contrary, I decry those who use "torture" as a club. I just didn't want to spend another 2,000 words trying to outline what is and is not torture.) I have stated that torturing another human being is an act so awful as to put one's soul in danger of Hell. Whether it is worth that risk to save all of humanity -- assuming that the only way to save it is to torture the thug in question, which is debatable, but let's assume it's so -- I leave to the person who faces that choice. As I've suggested, I might do it myself.

    Third, again, you read too much into my words. Merely because I recognize something as true does not mean I believe it desirable. I do not have the money for a new Lamborghini. This is true, but not desirable. Torturing to death a man who rapes my wife puts my soul in danger of Hell. This is true, but not desirable. In a world of my creation, perhaps torture would not endanger the torturer with eternal torment. This is not that world.

    And all because you refuse to face the notion that torture is in the eye of the beholder, and that pain inflicted for gratification or PR is not the same as for some more noble purpose (whether it is effective or not). You come to the realization that you could not live up to your ideals if it risked your own family, but insist that others do not have that latitude.

    But torture is the same. The pain is the same. That you may will it for different ends perhaps lowers the gravity of the offense -- though I don't know that it does -- but that doesn't change that we're discussing the same acts.

    Indeed, I never state, anywhere, that I'm somehow special. I might put my soul in danger of eternal damnation, which is what it means if I torture someone. Others might be similarly inclined. Indeed, others might say I cannot let 9/11 or worse happen again, so I will torture, and I cannot say I would not do the same thing in their shoes. But they and I both face the same consequences, consequences I'd hope everyone knows going in.

    So, yes. You mischaracterized my position.
  • I think I understand better now. We're still in disagreement, but I suspect we always will be.
  • "We're still in disagreement, but I suspect we always will be."

    welcome to my world. when it comes to religion, Chris and I have never seen eye-to-eye. Then again, the fact we can and still be best friends says something. Disagreements on religion can make or break friendships and relationships.

    The big problem nowadays with torture is that people want the benefits but they want to feel clean of it. Most Americans love a nice juicy tasty burger of freedom, but we don't like hearing about the cow that got slaughtered to cook it and we don't like the idea that we're somehow responsible for it. We like to think the burger just comes out of thin air when we order from the giant clown head.

    that probably made no sense. i need a good burger.
  • turbojesse
    Made sense to me (said while preparing a nice juicy steroid laden filet minon)
  • I think that "merely" is incorrect. The degree of discomfort (that is, whether you use the comfy chair or pull fingernails) does magnify the wrongness of torturing for confession. The "merely" was meant to indicate that the extraction of a confession is wrong regardless.
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- March 21, 2010 -

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