Coyne v Wells, cruel and unusual version

by Andrew Coyne on Saturday, April 25, 2009 1:04pm - 5 Comments

In which I attempt to play devil’s advocate on the question of whether to prosecute individuals accused of torture under the Bush administration, and get slapped around fairly effortlessly by friend Wells.

UPDATE: This Washington Post editorial, though rather better expressed, comes closest to my own position. This Montreal Gazette editorial is firmer against prosecution.

UPPERDATE: Some other noteable recent contributions to the debate:

The Bush administration ignored warnings about its detainee policies

Trying to Make Sense of the Torture Memos | Newsweek

Even If It Works, US Shouldn’t Torture

Torture works sometimes — but it’s always wrong | Salon

Matthew Yglesias » Torture Still Doesn’t Work

Damon Linker (The New Republic) – Thinking About Torture

Jeff Jacoby – A tortured debate over the ‘torture memos’

Marc A. Thiessen – Enhanced Interrogations Worked

Stuart Taylor Jr. – National Journal – Did Torture Save Lives?

The OLC “Torture Memos”: Thoughts from a dissenter By Philip Zelikow

Ali Soufan – My Tortured Decision – NYTimes

Cheney vs. Obama

Who’s Politicizing Intelligence Now?

Porter J. Goss – Security Before Politics

Former CIA Director Michael Hayden on Obama Releasing the Interrogation Memos

Obama muddles torture message – Politico.com

Obama’s Growing Dilemma on Torture Prosecution

‘Truth Commission’ hurdles remain – Josh Gerstein – POLITICO.com

Obama and the CIA – WSJ.com

Con Coughlin – Obama must beware of playing party politics with security

Lanny Davis – The Torture Memos: Obama, Holder Strike The Right Balance

Chris Smith: Why Obama’s Right on Torture — Daily Intel — New York

Democratic complicity and what “politicizing justice” really means – Glenn Greenwald – Salon.com

Paul Krugman – Reclaiming America’s Soul

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  • Wandering

    This Montreal Gazette editorial is firmer against prosecution.

    “Show trial” seems to be CanWest’s theme du jour. Copied straight from the RNC’s web site, no doubt.

  • Stephen

    The Washington Post editorial comes closest to your own position?

    For reasons laid out at the beginning of this editorial, we would be extremely reluctant to go after lawyers and officials acting in what they believed to be the nation’s best interest at a time of grave danger.

    In other words, the good intentions of those who violated US domestic and international law ought to cover a multitude of sins.

    “Illegal but legitimate,” eh?

    I’m sure the same standard will be applied equally by the US and others, across the globe, to well-intentioned violators of international law everywhere, no?

    Congratulations, Mr. Coyne.

    You’re easily the moral and intellectual equal of Michael Ignatieff, current leader of the Liberal Party, and Canadian Chief among those who have not once bothered to think seriously about these issues.

  • TJ Cook

    The WaPo piece touches on a pet peeve of mine: “The efficacy of “enhanced interrogation techniques” remains in dispute.”

    …and utterly irrelevant. If the efficacy of whipping children to prevent misbehaviour were proven beyond doubt, would we do it? If the efficacy of forcing women to cover their faces to avoid sexual assault were proven beyond doubt, would we do it?

    If the efficacy of permitting police use of Tasers to make non-threatening people compliant, would we… oh wait…

    Torture is illegal in the US and immoral everywhere. The Justice Department should do its job, follow the crimes and prosecute anyone who has broken the law. Cheney’s talk of “efficacy” is a red herring.

    If people want to talk “efficacy” in this debate, they should discuss the most effective means to restore America’s brand following this dark period. THAT, by reducing anti-American hatred and terrorist recruiting worldwide, would be an effective means of improving its safety.

  • Sisyphus

    And as we all know ” torture ” fell to earth from an empty sky sometime in 2002. Out of nowhere. And Americans had to be told what it is. By lawyers.

    http://mwcnews.net/content/view/30168/26/

    And Canada is happily completing a free trade agreement with one of the proudest of practitioners of torture ( and execution ). And I’m sure AC thinks that’s a good thing.

  • Critical Reasoning

    Thanks for the interesting links, Mr. Coyne. I particularly like the Krugman piece.

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