18 US Code 2340 — Exception to Torture
“Torture means an act of a person acting under color of law to inflict severe physical and mental pain other than pain and suffering to lawful sanctions upon another person under lawful physical custody or control.”
This statute combined with the Justice Department memos seeking to define ‘enhanced interrogation’ as legal sanction are the method by which the Bush administration violated the US Constitution through the approval of cruel and unusual punishment on military detainees as part of lawful sanctions.
Many who use the word ‘torture’ on both sides of the argument fail to recognize this statute in it’s existence. I do not. Those who committed acts of torture as defined by US Legal Code should face prosecution for their acts no matter if they belong to an agency of US origin or not. The Nuremberg Defense is invalid. If your commanding officer orders you to commit torture you are bound by law to resign rather than accept the orders.
The US Supreme Court has rejected the argument that holding military detainees indefinitely is constitutional, stating that habeas corpus (the right to speedy trial) must be granted to terrorism suspects.
The United States Constitution applies as to persons and not exclusively to citizens nor exclusively within our borders. Wherever America goes, the Constitution follows.
Ours was the nation that defined specifically waterboarding as torture to be banned by the Geneva Convention, we proposed that their were to be no exceptions under the law for this method of interrogation to be lawful sanction. This nation once stood against the tactics of the communists who oppress freedom of opinion with fear and propaganda. When politically expedient such a review of history is rejected for the failed logic of ’enhanced interrogation’ being successful and vital to national security. All available credible information on the matter says otherwise and the FBI has warned of a ’blow-back factor’ from using such tactics from the beginning.
Not only do tactics like waterboarding endanger national security but they degrade our ability to conduct ourselves as a credible nation to other nations whom engage in human rights violations and nuclear proliferation. We have no weight in our stance while we allow illegalities to go unpunished within our own government and our own military.
Now somehow in these dark days we have a portion of the country who believe in using the very tactics of the communists that we rallied against so many years ago in a new battle where following this ideology will undoubtedly lead to yet another terrorist attack on the homeland and further the goals of global terrorism abroad. I contend if we listen to the perspective of former Vice-President Richard Cheney on the matter that we will provoke the national security situation to an irreparable state.
America Observed 