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And if Elected, I Solemnly Promise to Commit War Crimes

Posted: 11/16/11 02:15 PM ET

Now that candidates can run respectably on a platform of torture, how long before we see a frontrunner advocating slavery? Surely everything's open for reconsideration. It's time to retire an inconvenient prejudice: that America's progress should be in a forward direction.

Of all the candidates at the Republican debates -- including that putative beacon of sanity, Mitt Romney -- only Jon Huntsman and Ron Paul had the base-level decency to renounce waterboarding: a practice that has been considered a particularly extreme form of torture since the Spanish Inquisition. The experts who administered this technique in the dungeons of Spain, by the way, were not hypocrites. They did not mince words. To these trained professionals, it was not "waterboarding." It was not "enhanced interrogation." It was "tortura del agua."

But these are ugly times, and this quaint (unreconstructed?) way of thinking about torture is no longer surreal. It is not even surprising. Entire nations have embraced moral blindness before, and we've already witnessed the spectacle -- unimaginable 20 years ago -- of both a vice-president and president proudly admitting to war crimes in their memoirs.

You do not have to study philosophy to fully grasp the moral implications here (although Kant's Groundwork of the Metaphysics of Morals will make quick work of any theoretical doubts you may have). A simple high school exercise will do. Rank the following activities, in terms of moral depravity, from trivial at the top to unconscionable at the bottom: theft, slavery, adultery, lying, assault, meanness, torture, gossip. Unless you're a monster, torture and slavery will end up vying with each other for the lowest rung. And, if you were not aware that it was now an acceptable American technique, torture probably would have ended up at the bottom.

In the complete spectrum of human behavior, you cannot get any lower than the deliberate, methodical infliction of excruciating pain on another person. We all know this, whether we wish to confront it or not. We have always known it. It is in fact a founding principle of the nation: George Washington, in his charge to the Northern Expeditionary Force (Sept. 14, 1775), proclaimed that even the death penalty was not too severe a punishment for Americans who tortured British prisoners:

Should any American soldier be so base and infamous as to injure any [prisoner]... I do most earnestly enjoin you to bring him to such severe and exemplary punishment as the enormity of the crime may require. Should it extend to death itself, it will not be disproportional to its guilt at such a time and in such a cause... for by such conduct they bring shame, disgrace and ruin to themselves and their country.

Japanese soldiers who waterboarded Americans in the Second World War were hanged as war criminals.

And now, proudly endorsing this war crime -- almost certainly the most depraved human activity -- has apparently become a prerequisite to the Republican nomination.

This does not leave Democrats blameless, however. By no means.

It would seem backwards to blame the Republican ardour for the thumbscrew on President Obama, but that's the nature of responsibility: he is the only one currently in a position to do something about this, and he has failed. He could have ended torture in America. It was a prominent campaign promise. Yes, under his administration the rack has been mothballed, but he did not do what the law (and history) required him to do: punish the men who disgraced the nation.

Furthermore, thanks to Wikileaks, we have solid evidence that he went out of his way to see that those men were not punished. Jonathan Turley writes:

A "confidential" April 17, 2009, cable sent from the US embassy in Madrid to the State Department discloses how the Administration discarded any respect for the independence of the judiciary in Spain and pressured the government to derail the prosecution of Bush officials....


Just as many conservatives abandoned their principles in following George Bush blindly, many liberals have chosen to ignore Obama's concerted efforts to protect individuals accused of war crimes. Under our treaty obligations, the United States has the primary responsibility to prosecute torture by U.S. citizens. That responsibility rests with the Executive Branch -- the prosecuting authority of the United States.

With torturers bragging about waterboarding in their memoirs rather than from prison, Obama has insured that the most unspeakable human activity is an American option. It's no different, categorically, from a tax proposal, or a new approach to education: every new administration will get to decide whether or not they crush testicles.

Hyperbole, surely? Waterboarding is not quite the same thing as crushing testicles. No, it's not: it's simply another technique in the same class of activity. Another option. An option that has been duly considered. I remind you that John Yoo -- still a free man, teaching law (of all things) at a vaunted university in a democratic nation -- was the man advising George Walker Bush in this matter. Here is John Yoo in a debate against Notre Dame professor Doug Cassel:

Cassel: If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?


Yoo: No treaty.

Cassel: Also no law by Congress -- that is what you wrote in the August 2002 memo...

Yoo: I think it depends on why the president thinks he needs to do that.

So let's ditch the the sophistry and address this honestly. It's not a "slippery slope" from waterboarding to crushing the testicles of children. It's not even a slope. It's a natural step in thinking: a step that has already been taken.

Waterboarding is not as painful as having your testicles crushed? Well, by all accounts it is, but let's play Satan's advocate and assume that it isn't. I think we can all agree that it is physically more painful -- more harmful -- than having your child's testicles crushed.

Now, examine that last paragraph and note precisely what it is that we have been reduced to discussing, as if this were a topic appropriate to a sober policy debate.

By all means, let's decide that an activity that was considered torture in the middle ages is no longer torture in 21st-century America. We're more sophisticated now. More nuanced. Following this logic, surely we've evolved since Lincoln? Surely all forms of slavery shouldn't be lumped together as impermissible? We've identified acceptable torture; let's talk about acceptable slavery. The only reason you balk is because you've been trained to find the word "slavery" revolting. Should I be honoured with the Republican nomination, I vow to reintroduce the honourable practice of enhanced servitude.

 
 
 

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Now that candidates can run respectably on a platform of torture, how long before we see a frontrunner advocating slavery? Surely everything's open for reconsideration. It's time to retire an inconv...
Now that candidates can run respectably on a platform of torture, how long before we see a frontrunner advocating slavery? Surely everything's open for reconsideration. It's time to retire an inconv...
 
 
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11:19 PM on 11/17/2011
nice.
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
10:33 PM on 11/17/2011
A clear and reflective a moral argument. Don't see many like it now. Morality is dead, there is only power left to worship.
07:22 PM on 11/17/2011
well said.
HUFFPOST SUPER USER
sgillhoolley
Occupy the discussion.
09:30 AM on 11/17/2011
I can see slavery making a comeback, but this time it would be about socio-economic status rather than race. That way more people could be enslaved. Imagine how that would help big business? We could finally compete with the Chinese. If the original constitution could claim to be freeing people, while formerly enslaving an entire race, it can easily be done again.
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atcrossroads
05:24 AM on 11/17/2011
How far-fetched is it to conclude that some Republicans might advocate in favor of slavery? They want to ban collective bargaining, get rid of unions, abolish minimum wage and put an end to regulations that govern employers. That seems well on the way to 'enhanced servitude' to me.
10:19 PM on 11/16/2011
You know i think all the powerful nations would just be more tolerable if they would just mind their own business... as horrific as it is to torture - torture people in your own country if u must.
11:00 AM on 11/17/2011
Why is that better? Why being killed by foreign occupiers worse than being killed by domestic forces? Dead is dead. Evil people can not be assumed to be any better to their own compatriots than foreigners.

Look on the necrometrics website, out of the top 10 deadliest human-caused events, 5 were done internally.
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
10:24 PM on 11/17/2011
Q: Do you mind if I smoke?

A: If you must.

Q: Do mind if I torture this guy?

A: If you must, but only if he's a fellow citizen.
08:54 PM on 11/16/2011
Deciding that waterboarding can be said to be an enhanced interrogation technique instead of torture raises a number of implications. Anything which sane human beings and the International Court of Human Rights would regard as torture, and thereby illegal, can now be ignored if any torture is, instead, designated as an enhanced interrogation technique (EIT). As EIT is not illegal then it presumably follows that there is nothing to stop the CIA, FBI or other law enforcement agencies from using these techniques on Americans and even, heaven forbid, Republicans.
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sgillhoolley
Occupy the discussion.
09:32 AM on 11/17/2011
Waterboarding was the crime done that resulted in executing Japanese soldiers at the end of WW2. Historically people have been moving away from government violence, not toward it. Therefore if it was an executable crime back in 1945, it is doubly so today. Unfortunately you can only kill someone once (James Bond being the exception).
jimbo57
ni dieu ni maitre
08:53 PM on 11/16/2011
And who are these people who applaud acts for which the Americans of 60 years ago HANGED those foreign soldiers who committed them against US troops? They're "values voters". No corner cutting, compromising milquetoast moral relativists, they, oh no!
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peter sfikas
Yia sou
08:49 PM on 11/16/2011
To break all the Commandments is human.
To torture, ( waterboarding ) is evil.
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sgillhoolley
Occupy the discussion.
09:32 AM on 11/17/2011
To murder is human???
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CarlyQ
Without followers, evil cannot spread.
08:41 PM on 11/16/2011
"Enhanced servitude."

The Republicans will be very grateful to you for giving them the idea to PC the term "slavery."
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FearlessFreep
A radical leftist with a JS Woodsworth avatar.
07:03 PM on 11/16/2011
Thank you, Ronald Reagan >:^p
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bcbailey64
05:47 PM on 11/16/2011
Thank you for posting this. It is indeed, absolutely OUTRAGEOUS, that torture is accepted, even condoned in a (formerly?) democratic government like the USA. How can the US possible claim any moral high ground when it criticizes human rights abuses in other countries? It can't. Stupid is as stupid does.
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Kristopher Leang
training to take down the elite
10:33 PM on 11/16/2011
the US has been the beacon of torture since WW2,. when they werent training and arming anti-democratic coups, or installing other dictators, the school of americas was training south americans to torture and kill hundreds of thousands. Since WW2 the US has carved out a well deserved reputation of being the current leader in warmongering, sabotage, illegal acts. ect ect the list goes on
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
10:27 PM on 11/17/2011
Nailed it.
11:38 PM on 11/18/2011
I oft read your critical comments from a Canadian's point of view and frankly, for the most part I tend to agree. However, President Obama responded directly to this GOP lunacy noting that we no longer torture. I am sorry to say that the extreme right in the US at this point in time behaves more like fascists than people living in a democracy.

I supported Obama in 2008 and will do so again. Recently there has been a ground swell of support for more equality. Let's hope we can continue to defeat the lunatics so we get the country back on track.

Note also that in 2 days, the democrats in WI have collected 50K signatures on a recall petition for the GOP governor and that last night 35K OSW folks marched in NY. We are not all crazy, but the crazies tend to get a lot of media attention.

I apologize for the bad acts of some of us, but more of us are sane than not!
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bcbailey64
11:32 PM on 11/20/2011
Thanks and I do agree with what you said. I know many wonderful Americans and I love the US - it's history, it's vision, it's leadership. it's democracy. But it's slipping through your fingers - the GOP is no more - the current version is wrecking your country and the world needs the old USA back asap!!!