Swampland - TIME.com

Bush's Anti-Torture Executive Order! Uhm, Not So Fast

Just got off a conference call with a "senior administration official" about the President's signing of an executive order related to the 2006 Military Commissions Act. The good news: We don't torture! The bad news: As to what torture is, as to how violators will be punished, as to whether or not torture ever took place, well, you'll have to take their word for it.

There's a transcript forthcoming, which I'll post, but for now:

-- Though the executive order says all detainees should be provided with "basic human needs," "sleep" is not included. According to the SAO, "Sleep is not traditionally innumerated in the Geneva Convention." How quaint.
-- The SAO refused to discuss how the order may affect the CIA's current practices or if current practices provided the impetus for the order.
-- There is no specific enforcement mechanism for the order, except for the CIA. Which has done a great job so far -- as far as we know!
-- There is no guaranteed access for representatives of the Red Cross.
-- Of course everyone the CIA detains is a terrorist. Silly question.

Happy Cheney administration, everyone! Sleep well... while you can!

UPDATE: An interesting note regarding sleep deprivation:

From the beginning, they had discussed, and sometimes tried, harsher methods...But the method that prompted the most internal debate—and came to be embraced like no other—was sleep deprivation.

As interrogators honed their methods, it became clear that the best information was elicited toward the end of lengthy sessions, particularly those that dragged on 10 hours or more. Tired prisoners were simply more prone to slip.

Keeping prisoners awake worked, but was it right? Initially, the interrogators and the officers in charge of the unit decided the answer was no, that there was no way to reconcile depriving prisoners of sleep with the principles of the Geneva Conventions—which don't address the matter explicitly but generally disallow punishment for failure to cooperate.

But the interrogators kept returning to the idea, looking for a loophole. Mackey said he came to approach it like a tax problem: here's the outcome the client wants, how can the tax code be interpreted in such a way to justify it?

In late spring 2002, Mackey devised an answer. He instituted a new rule that a prisoner could be kept awake and in the booth for as long as an interrogator could last. ...Technically, the method was sleep deprivation, but it was considered defensible because the interrogator was being deprived of as much sleep as the prisoner.

[snip]

What was an ending point for Mackey and his unit was a starting point for the teams of interrogators that followed. Military investigations have shown that their replacements, the 519th Military Intelligence Battalion from Fort Bragg, N.C., relaxed many of the rules. By December 2002, according to an investigative report by Major General George R. Fay, the interrogators at Bagram “were removing clothing, isolating people for long periods of time, using stress positions, exploiting fear of dogs and implementing sleep and light deprivation.”

First you lose naptime, then you lose your mind.


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About Swampland

Ana Marie Cox

Ana Marie Cox is the founding editor of Wonkette and the author of the novel Dog Days. Read more

Joe Klein

Joe Klein is TIME's political columnist and author of six books, most recently Politics Lost. His weekly TIME column, "In the Arena," covers national and international affairs. In 2004 he won the National Headliner Award for best magazine column. Read more

Karen Tumulty

Senior Writer Karen Tumulty has been TIME's National Political Correspondent since 2001, and has also covered the White House and Congress for the magazine. A native of San Antonio, she is a graduate of the University of Texas at Austin and Harvard Business School, where her career choice has significantly lowered the average salary of her graduating class. But she gets lots of free magazines. Read more

Jay Carney

Jay Carney is TIME's Washington bureau chief. He has covered both the Clinton and Bush 43 White Houses, as well as Congress. Before coming to Washington, he spent three years reporting from TIME's Moscow bureau. In his next life, he would like to write for Sports Illustrated. Read more

Jay Newton-Small

Jay Newton-Small Jay Newton-Small covers politics for TIME. She has covered the Bush 43 White House and also Congress from the DeLay era to the present. And, yes, despite the misleading name SHE is a she. Read more

Michael Scherer

Michael Scherer is a correspondent in TIME's Washington bureau covering the 2008 presidential campaign. He has worked national assignments for Mother Jones magazine and Salon.com. Read more

Mike Murphy

Mike Murphy is a political consultant who helped elect more than a dozen GOP Senators and Governors including Arnold Schwarzenegger, Jeb Bush and Mitt Romney. In 2000, Murphy was a senior strategist for John McCain's presidential campaign. Read more

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