I read an interesting and sensible ARTICLE about the legality of enhanced interrogation techniques, particularly waterboarding, by none other than Alan Dershowitz. The following quote particularly caught my attention:
“This brings us to waterboarding. Michael Mukasey, whose confirmation as attorney general now seems assured, is absolutely correct, as a matter of constitutional law, that the issue of “waterboarding” cannot be decided in the abstract. Under prevailing precedents–some of which I disagree with–the court must examine the nature of the governmental interest at stake, and the degree to which the government actions at issue shock the conscience, and then decide on a case-by-case basis. In several cases involving actions at least as severe as waterboarding, courts have found no violations of due process.
The members of the judiciary committee who voted against Judge Mukasey, because of his unwillingness to support an absolute prohibition on waterboarding and all other forms of torture, should be asked the direct question: Would you authorize the use of waterboarding, or other non-lethal forms of torture, if you believed that it was the only possible way of saving the lives of hundreds of Americans in a situation of the kind faced by Israeli authorities on the eve of Yom Kippur? Would you want your president to authorize extraordinary means of interrogation in such a situation? If so, what means? If not, would you be prepared to accept responsibility for the preventable deaths of hundreds of Americans? “
Are any liberals going to question Dershowtiz’ left wing credentials? Arey the going to accuse the emminent professor of being “ignorant.?”Are they going to boil down “torture” to some easy definition in their desire to “get” the Bush Administration?
Lastly, if the Democrats were voting against Mukasey during his confirmation hearings in 2007 because he refused to prohibit waterboarding, are they still going to claim they had no idea waterboarding was going on? Why the questions of Mukasey on this issue? Hmmmm….I’ll answer that: because they are quite simply politically expedient, pathological liars.
What a sad chapter in our history, and for intellectual honesty.