Democrats and Torture

Be sure to read Alan Dershowitz's commentary piece in this morning's Wall Street Journal. Dershowitz addresses the absence of bipartisan cooperation in the war on terror following 9/11. He notes, though, that hopes for interparty unity on national security are not realistic given the Democratic Party's impulse to antiwar pacifism:

This pacifistic stance appeals to the left wing of the democratic electorate, which may have some influence on the outcome of democratic primaries, but which is far less likely to determine the outcome of the general election. Most Americans--Democrats, Republicans, independents or undecided--want a president who will be strong, as well as smart, on national security, and who will do everything in his or her lawful power to prevent further acts of terrorism.

Hundreds of thousands of Americans may watch Michael Moore's movies or cheer Cindy Sheehan's demonstrations, but tens of millions want the Moores and Sheehans of our nation as far away as possible from influencing national security policy.

Here's Dershowitz making the case for the selective use of coercive interrogations to obtain real-time actionable intelligence:

Consider, for example, the contentious and emotionally laden issue of the use of torture in securing preventive intelligence information about imminent acts of terrorism--the so-called "ticking bomb" scenario. I am not now talking about the routine use of torture in interrogation of suspects or the humiliating misuse of sexual taunting that infamously occurred at Abu Ghraib. I am talking about that rare situation described by former President Clinton in an interview with National Public Radio:

"You picked up someone you know is the No. 2 aide to Osama bin Laden. And you know they have an operation planned for the United States or some European capital in the next three days. And you know this guy knows it. Right, that's the clearest example. And you think you can only get it out of this guy by shooting him full of some drugs or waterboarding him or otherwise working him over."

He said Congress should draw a narrow statute "which would permit the president to make a finding in a case like I just outlined, and then that finding could be submitted even if after the fact to the Foreign Intelligence Surveillance Court." The president would have to "take personal responsibility" for authorizing torture in such an extreme situation. Sen. John McCain has also said that as president he would take responsibility for authorizing torture in that "one in a million" situation.

Although I am personally opposed to the use of torture, I have no doubt that any president--indeed any leader of a democratic nation--would in fact authorize some forms of torture against a captured terrorist if he believed that this was the only way of securing information necessary to prevent an imminent mass casualty attack. The only dispute is whether he would do so openly with accountability or secretly with deniability. The former seems more consistent with democratic theory, the latter with typical political hypocrisy.

There are some who claim that torture is a nonissue because it never works--it only produces false information. This is simply not true, as evidenced by the many decent members of the French Resistance who, under Nazi torture, disclosed the locations of their closest friends and relatives.

The kind of torture that President Clinton was talking about is not designed to secure confessions of past crimes, but rather to obtain real time, actionable intelligence deemed necessary to prevent an act of mass casualty terrorism. The question put to the captured terrorist is not "Did you do it?" Instead, the suspect is asked to disclose self-proving information, such as the location of the bomber.

I'm personally not opposed to the use of torture in the name of national security. As I've noted before, Jerome Slater provided the argument in favor of the principled use of coercive measures as part of the broader terror war:

If we are to succeed in the war against terrorism, we surely must do much more than defend ourselves against terrorist attacks. The broader task is to do whatever can be reasonably and legitimately done to address the causes of terrorism, as well as the motivations of terrorists to target the United States....

Put differently, so long as the threat of large-scale terrorist attacks against innocents is taken seriously, as it must be, it is neither practicable nor morally persuasive to absolutely prohibit the physical coercion or even outright torture of captured terrorist plotters—undoubtedly evils, but lesser evils than preventable mass murder. In any case, although the torture issue is still debatable today, assuredly the next major attack on the United States—or perhaps Europe—will make it moot.

Dershowitz concludes his essay by noting that the Democrats may lose the 2008 presidential election:

...if they are seen as the party of MoveOn.org, Michael Moore, Cindy Sheehan, Dennis Kucinich and those senators who voted against Judge Mukasey because he refused to posture on a difficult issue relating to national security.

I hope he's right.