Yoo Can't Believe It
John Yoo, perhaps a tad angry with the hefty historical down payment legal scholars and many of his own contemporaries in the Bush Administration have placed on his exceptionally poor legal scholarship, or maybe even a bit nervous that he may be the fall guy for torture prosecutions, returns to launch a typically shoddy blast against President Obama and the military for reversing Bush's interrogation policies.
Yoo presents an either/or fallacy argument in the argument that American must torture or expect terrorism. Rather than consider the matter with an open mind and make an honest argument about its potential efficacy as responsible adults such as Robert Kaplan, Dan Abbott (who also helpfully pointed out the problem of the scattered definitions of torture and even provided an arguably excellent definition himself*) and numerous others have done, he asserts with no corresponding evidence that it works and is essentially the only method that does.
He glosses over (as his legal memos tended to) pesky precedents that might impede his argument, such as the multiple productive interrogations of terrorists by FBI agents that were interrupted by the CIA's lack of patience (and possible need to beat Donald Rumsfeld to the punch in impressing the President and Vice President on detainee intelligence revelations).
Not surprisingly, Yoo degenerates the exceptional service of military interrogators (and FBI white teams) who have used inventive, adapative techniques (along with classic ones that have worked well for decades) to glean useful intelligence from terrorists and insurgents. Yoo seemingly can't comprehend or can't believe that their methods work.
Few are under the illusion that a lot of this has been caused by a failure of responsibility and oversight in all three government branches. The extraordinary rendition program accelerated in the Clinton administration and left CIA agents out to dry on exactly what the rules were for their operational behavior and decision-making. Speaker Pelosi and other prominent Democrats screaming about torture were perfectly willing to approve its use or ignore its occurrence when it was convenient for them to do so. The courts have generally avoided this like the plague, save for the military tribunals at Gitmo which have evaluated the outcomes of interrogations with torture and found them illegal under their operating guidelines, partially because some of the methods involved violated federal law.
Neither should people be impressed that the Army Field Manual on Interrogation is now the gold standard of interrogation. Techniques devised and studied that are found to be effective should be considered for adaption, dependent upon the situation. A more reasonable world would allow for the common-sense suggestion from Phillip Bobbitt that intelligence agents and interrogators convinced they must torture a suspect to stop an act of terror or save lives be prosecuted and have their actions weighed by a jury of their peers (fellow professionals) to see if they truly were required.
In the end, Yoo simply can't admit there could be a better way. He is wedded to his legacy of poor legal scholarship and lawbreaking. Were someone to take the pro-Cheney (potentially pro-Yoo) case and ask for an independent commission to assess (not indict) the claims of Cheney, Yoo and others, perhaps the evidence Yoo and others fail to mention in support of their seemingly baseless claims will come to light.
In the absence of such evidence and patent lies told on a regular basis by this bunch, skepticism is certainly warranted.
*His offered definition: "might be that is painful, harmful, and without interrogative value. "
