Monday, May 04, 2009

Misunderstanding the Memos

President Barack Obama has reinvigorated the critics of George W. Bush's antiterror policies by opening the door to prosecuting or sanctioning those who crafted interrogation policy in the aftermath of the Sept. 11, 2001, terrorist attacks. These critics -- including the president -- are laboring under numerous misconceptions. Many of them have no experience with or understanding of military or CIA interrogation, the purpose of which is to gain actionable intelligence to safeguard our country. The recently released memos by lawyers in the Department of Justice's Office of Legal Counsel were written to assist interrogators in that critical mission. The memos cannot be fairly evaluated without that mission in mind.

Military and CIA interrogators are trained to use creative means of deception, and to play on detainee emotions and fears. This can be a nasty business. People unfamiliar with it, therefore, might even view a perfectly legitimate interrogation of a prisoner of war that is in full compliance with the Geneva Conventions as abhorrent by its very nature.

But military interrogation is not akin to a friendly chat across a conference table -- nor is it designed to gather evidence in a criminal trial, as an FBI interview might be. There is a fundamental distinction between law enforcement and military interrogations that we ignore at our peril.

In the face of claims by critics that torture doesn't work:

Fortunately, aggressive interrogation techniques like those outlined in the memos to the CIA are effective. As the memos explain, high-value detainees like Khalid Sheikh Mohammed (KSM), the mastermind of 9/11, and Abu Zubaydah, one of Osama bin Laden's key lieutenants, provided no actionable intelligence when facing traditional U.S. methods. It is doubtful that any high-level al Qaeda operative would ever provide useful intelligence in response to traditional methods.

Yet KSM and Zubaydah provided critical information after being waterboarded -- information that, among other things, helped to prevent a "Second Wave" attack in Los Angeles, according to the memos. Similarly, the 2005 report by Vice Adm. Albert Church on Defense Department interrogation policies, the "Church Report" -- of which I served as the executive editor -- documented the success of aggressive techniques against high-value detainees like Mohamed al Kahtani, 9/11's "20th hijacker."

The aggressive techniques in the CIA memos are also undeniably safe, having been adopted from Survival, Evasion, Resistance, Escape (SERE) training used with our own troops.

And then as a final rhetorical flourish, critics will demand to know, "How would you like to be subjected to these techniques?"

I have personally been waterboarded, put into stress positions, sleep deprived, slapped in the face. While none of this was enjoyable, I am none the worse for wear.

 

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