> RoMunn wrote:
> I think we should follow historical precedent
Sounds good. The last time the US was at war was WWII.
The following Japanese were sentenced to death for various charges
including a technique specifically called out under its various names:
"water cure," "water torture" and "waterboarding."
* General Kenji Doihara, spy (later Air Force commander)
* Baron Kôki Hirota, foreign minister
* General Seishirô Itagaki, war minister
* General Heitarô Kimura, commander, Burma Expeditionary Force
* General Iwane Matsui, commander, Shanghai Expeditionary Force
and Central China Area Army
* General Akira Muto, commander, Philippines Expeditionary Force
* General Hideki Tôjô, commander, Kwantung Army (later prime minister)
But what about back after 9/11? What did our armed forces think then?
Well, that's well documented. From 2002:
Air Force:
"serious concerns regarding the legality of many of the proposed
techniques...Some of these techniques could be construed as 'torture'
as that crime is defined by 18 U.S.C 2340"
Army:
"As set forth in the enclosed memoranda, the Army interposes
significant legal, policy and practical concerns regarding most of the
Category II and all of the Category III techniques proposed."
Navy:
"more detailed inter-agency legal and political review be conducted on
proposed techniques."
Marine Corp:
"several of the Category II and III techniques arguably violate
federal law, and would expose our service members to possible
prosecution."
Criminal Investigative Task Force (CITM):
Chief Legal Advisor to the CITF at Gitmo, Maj Sam W. McCahon
"Both the utility and the legality of applying certain techniques
identified in the memorandum listed above are, in my opinion,
questionable. Any policy decision to use the Tier III techniques, or
any techniques inconsistent with the analysis herein, will be contrary
to my recommendation. The aggressive techniques should not occur at
GTMO where both CITF and the intelligence community are conducting
interviews and interrogations. I cannot advocate any action,
interrogation or otherwise, that is predicated upon the principal that
all is well if the ends justify the means and others are not aware of
how we conduct our business."
Despite the concerns, Jim Haynes, the Department of Defense General
Counsel, recommended that the "aggressive techniques" be approved
without further investigation.
He testified that Wolfowitz, Feith and Myers concurred.
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