Andy McCarthy
National Review
2/25/2010
The Obama Democrats have outdone themselves.
While the country and the Congress have their eyes on today’s dog-and-pony show on socialized medicine, House Democrats last night stashed a new provision in the intelligence bill which is to be voted on today. It is an attack on the CIA: the enactment of a criminal statute that would ban “cruel, inhuman and degrading treatment.” (See here, scoll to p. 32.)
The provision is impossibly vague — who knows what “degrading” means? Proponents will say that they have itemized conduct that would trigger the statute (I’ll get to that in a second), but it is not true. The proposal says the conduct reached by the statute “includes but is not limited to” the itemized conduct. (My italics.) That means any interrogation tactic that a prosecutor subjectively believes is “degrading” (e.g., subjecting a Muslim detainee to interrogation by a female CIA officer) could be the basis for indicting a CIA interrogator.
The act goes on to make it a crime to use tactics that have been shown to be effective in obtaining life saving information and that are far removed from torture…
…The Democrats’ bill would prohibit — with a penalty of 15 years’ imprisonment — the following tactics, among others:
– “Exploiting the phobias of the individual”
– Stress positions and the threatened use of force to maintain stress positions
– “Depriving the individual of necessary food, water, sleep, or medical care”
– Forced nudity
– Using military working dogs (i.e., any use of them — not having them attack or menace the individual; just the mere presence of the dog if it might unnerve the detainee and, of course, “exploit his phobias”)
– Coercing the individual to blaspheme or violate his religious beliefs (I wonder if Democrats understand the breadth of seemingly innocuous matters that jihadists take to be violations of their religious beliefs)…
The article continues at the National Review.
