Lawyers Told Gina Haspel Torture Was Legal. But It Never Was

Can You Show Me Your Dream
Can You Show Me Your Dream?

Even the thought of torture-enabler Gina Haspel being promoted makes me angry.

Claire Finkelstein and Stephen N. Xenakis write:

As the Senate considers Gina Haspel’s nomination as director of the C.I.A., it is time to dispel the false narrative about her record. That narrative says that Ms. Haspel’s involvement in torture, as well as the order she drafted authorizing the destruction of videotapes documenting this abusive practice, was legal and justifiable.

Torture — “enhanced interrogation,” as it was called — was supposedly legal because Justice Department lawyers had given it their blessing at the time, and destroying evidence of it was legal not only because government lawyers said it was, but also because Ms. Haspel was just following orders.

But Ms. Haspel’s supporters, many of whom are lawyers, should know better: the faulty advice of government lawyers and bosses cannot make illegal conduct legal. And C.I.A. investigations that rely on these specious justifications to excuse her decisions should be given no weight.

In 2002, Ms. Haspel ran a secret detention site in Thailand, code-named Cat’s Eye, that was known for its use of harsh interrogation techniques that amounted to torture. She was also chief of staff to Jose Rodriguez, director of the National Clandestine Service for the agency.

The Nuremberg trials after World War II established that following orders is not a defense for conduct that is patently illegal. Under the Geneva Conventions, torture, like genocide, belongs in that category. A similar principle says that incorrect legal advice cannot shield one from liability when such advice is promoting transparently unlawful conduct. Torture, like genocide, is of such patent illegality that we are entitled to hold all who engage in it responsible, whether they knew it was illegal or not. Under both domestic and international law, a manifestly evil act puts perpetrators on notice they are committing a crime, and they can be held responsible for such knowledge.

(click here to continue reading Opinion | Lawyers Told Gina Haspel Torture Was Legal. But It Never Was. – The New York Times.)

History Is Myth
History Is Myth

Torture is just wrong. It should never be used. Not only that, but it doesn’t even work!

The NYT reports that Khalid Shaikh Mohammed wants to release a six paragraph statement about Gina Haspel:

Ms. Haspel ran a black-site prison in Thailand where another high-level detainee was tortured in late 2002. But it is not known whether she was involved, directly or indirectly, in Mr. Mohammed’s torture. Mr. Mohammed was held in secret C.I.A. prisons in Afghanistan and Poland.

In the weeks after his capture, an Intelligence Committee report said, Mr. Mohammed was subjected to the suffocation technique called waterboarding 183 times over 15 sessions, stripped naked, doused with water, slapped, slammed into a wall, given rectal rehydrations without medical need, shackled into painful stress positions and sleep-deprived for about a week by being forced to stand with his hands chained above his head.

While being subjected to that treatment, he made alarming confessions about purported terrorist plots — like recruiting black Muslims in Montana to carry out attacks — that he later retracted. They were apparently made up, the Senate report said.

 

(click here to continue reading 9/11 Planner, Tortured by C.I.A., Asks to Tell Senators About Gina Haspel – The New York Times.)

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