smb
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Re: Director Brennan: CIA Won't Waterboard Again — Even if Ordered by Future Presiden
Once again you did a lot of unnecessary writing. Hamdan ruled that the prisoners in Guantanamo bay and prisoners taken captive under the AUMF are entitled to the protection of the Geneva Conventions. As a ratified treaty voluntarily signed into by the United States it has equal authority with the Constitution as stated in the Constitution. Any coercive treatment of protected people for the purposes of gathering information is forbidden by the Geneva Conventions. Because the SCOTUS ruled that there is no extra-Constitutional power granted by the President to declare them anything but prisoners taken during war they are entitled to all those protections.
Torture occurs in many ways and doesn't necessarily leave a person scarred or mutilated. The whole purpose of waterboarding is coerce a person into divulging information by inflicting pain, suffering and mental anguish. That is the very definition of cruel and unusual punishment. You don't have to take my word for it. Just ask the U.S. government that prosecuted Japanese military personnel for torture, namely waterboarding and convicted them. Again, we as a country, have convicted people for torture that used waterboarding. It IS TORTURE and it IS ILLEGAL under U.S. Law, International Law and the Geneva Conventions. Your opinion notwithstanding.
First. Our Constitution doesn't forbid infliction of pain to force compliance with certain courses of action. The Bill of Rights specifically state no person "shall be compelled in any criminal case to be a witness against himself", bans cruel and unusual punishments in these cases making it unconstitutional to use coercion to force somebody to confess to a crime, or as a punishment. Absolutely nothing about obtaining information from terrorists seeking to harm Americans.
It's normally a serious felony to intentionally kill another. Yet both law/common sense say the law's hypothetical "reasonable person" can do exactly that to protect himself or others from an imminent threat of death or serious physical harm.
Stands to reason that if one can legally kill to stop a violent felony, one can legally torture [ lesser violation ] to accomplish the same. Ipso facto.
Raises anxiety/heart rate, like a terrifying roller coaster. Nothing much else if conducted properly. Hell, folks volunteer to be water-boarded. Hannity, Chris Hitchens, others... came out not enjoying it, but nobody showed them harmed for life. No one in their right mind volunteers for torture, but several, verifiable, have volunteered for water-boarding.
Once again you did a lot of unnecessary writing. Hamdan ruled that the prisoners in Guantanamo bay and prisoners taken captive under the AUMF are entitled to the protection of the Geneva Conventions. As a ratified treaty voluntarily signed into by the United States it has equal authority with the Constitution as stated in the Constitution. Any coercive treatment of protected people for the purposes of gathering information is forbidden by the Geneva Conventions. Because the SCOTUS ruled that there is no extra-Constitutional power granted by the President to declare them anything but prisoners taken during war they are entitled to all those protections.
Torture occurs in many ways and doesn't necessarily leave a person scarred or mutilated. The whole purpose of waterboarding is coerce a person into divulging information by inflicting pain, suffering and mental anguish. That is the very definition of cruel and unusual punishment. You don't have to take my word for it. Just ask the U.S. government that prosecuted Japanese military personnel for torture, namely waterboarding and convicted them. Again, we as a country, have convicted people for torture that used waterboarding. It IS TORTURE and it IS ILLEGAL under U.S. Law, International Law and the Geneva Conventions. Your opinion notwithstanding.