Andy McCarthy seems to believe that this administration does not practice or condone what any rational person would call “torture”. Here’s his latest credulous statement:
First, the administration does not “reserve the right to torture” anyone. Torture is against the law, and even if it weren’t the administration has said, repeatedly, that it won’t be countenanced – it will be prosecuted. There are many of us – including no less a Bush-basher than Alan Dershowitz – who think a total ban on torture is a bad idea. But the administration has shown no stomach for such a discussion. It says torture is prohibited. Period.
What the administration has reserved the right to do – or, better, what congress reserved the right of the United States to do when it enacted significant reservations in its 1994 ratification of the UN Convention on Torture and Cruel, Inhuman and Degrading Treatment (UNCAT) (reservations that — as I mentioned this week — the McCain Amendment preserves) – is coercive interrogation. That is, forms of physical and mental pressure that fall short of torture (which, as a matter of law, is limited to the infliction of severe physical or mental suffering).
Just to clarify matters. Does McCarthy believe that repeated beating to the point of near-unconsciousness is “torture”? Does he believe that “torture” includes breaking a detainee’s ribs, tying his hands behind his back, hooding him, and then hanging him by his hands until, after being released, blood gushes from his mouth and nose? (I ask this question because the CIA officer responsible for this has yet to be even charged and the Bush-Cheney CIA has thrown away critical evidence.) Does he believe that “waterboarding” is torture? Does McCarthy believe that “cruel, inhumane and degrading” treatment for prisoners should be practised by those who wear the uniform of the United States? Does he believe that the religious faith of detainees should be abused and used against them in interrogation? McCarthy gallantly says he admires me for my “willingness to take on the tough issues.” Will he give me the pleasure of returning the compliment?