Andy McCarthy says White House launching new attack on interrogation methods

The Obama Democrats have outdone themselves.

While the country and the Congress have their eyes on today’s dog-and-pony show on socialized medicine, House Democrats last night stashed a new provision in the intelligence bill which is to be voted on today. It is an attack on the CIA: the enactment of a criminal statute that would ban “cruel, inhuman and degrading treatment.” (See here, scoll to p. 32.)

The provision is impossibly vague — who knows what “degrading” means? Proponents will say that they have itemized conduct that would trigger the statute (I’ll get to that in a second), but it is not true. The proposal says the conduct reached by the statute “includes but is not limited to” the itemized conduct. (My italics.) That means any interrogation tactic that a prosecutor subjectively believes is “degrading” (e.g., subjecting a Muslim detainee to interrogation by a female CIA officer) could be the basis for indicting a CIA interrogator.

The act goes on to make it a crime to use tactics that have been shown to be effective in obtaining life saving information and that are far removed from torture.

“Waterboarding” is specified. In one sense, I’m glad they’ve done this because it proves a point I’ve been making all along. Waterboarding, as it was practiced by the CIA, is not torture and was never illegal under U.S. law. The reason the Democrats are reduced to doing this is: what they’ve been saying is not true — waterboarding was not a crime and it was fully supported by congressional leaders of both parties, who were told about it while it was being done. On that score, it is interesting to note that while Democrats secretly tucked this provision into an important bill, hoping no one would notice until it was too late, they failed to include in the bill a proposed Republican amendment that would have required full and complete disclosure of records describing the briefings members of Congress received about the Bush CIA’s enhanced interrogation program. Those briefings, of course, would establish that Speaker Pelosi and others knew all about the program and lodged no objections. Naturally, members of Congress are not targeted by this criminal statute — only the CIA.

More to the point, this shows how politicized law-enforcement has become under the Obama Democrats. They could have criminalized waterboarding at any time since Jan. 20, 2009. But they waited until now. Why? Because if they had tried to do it before now, it would have been a tacit admission that waterboarding was not illegal when the Bush CIA was using it. That would have harmed the politicized witch-hunt against John Yoo and Jay Bybee, a key component of which was the assumption that waterboarding and the other tactics they authorizied were illegal. Only now, when that witch-hunt has collapsed, have the Democrats moved to criminalize these tactics. It is transparently partisan.

In any event, waterboarding is not defined in the bill. As Marc Thiessen has repeatedly demonstrated, there is a world of difference between the tactic as administered by the CIA and the types of water-torture methods that have been used throughout history. The waterboarding method used by the CIA involved neither severe pain nor prolonged mental harm. But it was highly unpleasant and led especially hard cases like Khalid Sheikh Mohammed (i.e., well-trained, committed, America-hating terrorists) to give us information that saved American lives. The method was used sparingly — on only three individuals, and not in the last seven years. The American people broadly support the availability of this non-torture tactic in a dire emergency. Yet Democrats not only want to make it unavailable; they want to subject to 15 years’ imprisonment any interrogator who uses it.

What’s more, the proposed bill is directed at “any officer or employee of the intelligence community” conducting a “covered interrogation.” The definition of “covered interrogation” is sweeping — including any interrogation done outside the U.S., in the course of a person’s official duties on behalf of the government. Thus, if the CIA used waterboarding in training its officers or military officers outside the U.S., this would theoretically be indictable conduct under the statute.