Rendition the Film versus 24 the Series
Promoted by Brendan.
It's about torture-whether our country should become so debased as to resort to medieval methods to exact information; or, as the right would say, whether we should retain the ability to force the truth out of someone who is about to cause grave damage to our people. There are two diametrically opposed perspectives, the TV series now about to start its seventh season, 24; and the new film released last week, "Rendition." I watched the 2004-5 season of "24" with rapt attention, and I just came back from seeing "Rendition."
Rendition starts with introducing a chemical engineer of Egyptian origin, now married to an American, who is suspected of advising a terrorist organization. The dramatization of his being grabbed and whisked off to Egypt to face "extreme interrogation methods" is accurate based on unchallenged news reports from those who actually experienced this.
In "24" this same sequence of events would be that efficient work by the fictional CIA found a mole who, under the guise of respected member of the American community, was actually helping the terrorists. And this series would have built an imminent threat that was abetted by this man to destroy an American city or two, unless he was made to divulge who was going to carry out the attack.
In the world of "24" the bad guys are always, really, without doubt, the bad guys. The fictional CIA section, called the CTU, Counter Terrorism Unit, always get the bad guy because they have what I will call, technological omniscience. From their computers and sensors they see all and know all. All, that is, except what this one individual is keeping from them that would allow the nefarious plot to be thwarted.
And since the entire season is the depiction of a single day, there isn't time for due process. In fact the series has a stock character, usually a liberal President, who always waivers when he is asked to authorize the hero, Jack Bauer, to do "whatever is necessary" to get the needed information out of the captured terrorist.
O.K. raise your hands readers. Do you want Jack Bauer to lean on this guy a bit, or do you want him to have the right to remain silent, as his cohorts are arming the nuclear weapon to explode over YOUR city. Come on, admit it, you like the millions of other viewers, are rooting for Bauer to break the SOB.
Now we get back to "Rendition," which happens to be the true story of how Americans are currently administering torture. In realty, our agencies are operating in the blind. Our information is spotty and we are grasping at straws. In our frustration when there is the least bit of circumstantial evidence that could connect an individual with a terrorist group, those manning the barricades pounce on it.
"No more 9/11 is their motto," as they will not be like the weak President who is despised on "24." They will get the truth out of their captive, no matter what it takes. In Rendition we got an accurate picture of the fear that can transform any one of us into quivering jelly, a frightened child who will say anything to live another day, another hour.
Confessions come easy under such suffering and fear, and our real life CIA can point to their successes with each "confession" they extract with such methods.
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Now comes the commercial, which is my own personal take on the torture issue, which is being played out in the Attorney General confirmation, and in Congress's attempt to reign in the President's arrogated authority to ignore the law.
Let's see how we view the word, the concept, of "torture." Here's the relevant Merriam Webster definition:
2: the infliction of intense pain (as from burning, crushing, or wounding)
And this is what we are focusing on, rather than the second part which is
to punish, coerce, or afford sadistic pleasure
The Democrats are attempting to define torture by the degree of pain inflicted on the subject, when what is more relevant is the purpose, the specific circumstances. the second part of the definition.
There is never any justification for sadistic or punishment purposes. But coercion, under narrowly defined circumstances, could be justified in my opinion. If properly limited, the number of times could very well be never, but it could also occur on rare events, if the 24 scenario actually occurs.
Since "24" was widely seen for six years, this use of torture has been legitimized when it is needed for the purposes depicted as routine in the series. Such is the power of the mass media, that we would be making a mistake to ignore.
Beyond the issue of torture, the film "Rendition" is powerful in it's showing the cycle of hate and violence. At any point you can stop the wheel and have the illusion of locating the instigator, the agent of terror. But it is only an illusion, as there is infinite regress of pain and retribution that justifies any depredation, at least to the one who is imparting it.
I won't even try to stop the wheel to justify our predilections which is to ban torture completely. It's just too easy and allows us to ignore those who take the "24" view of things. And while rare, the events, the imperative, to break an individual where there is sufficient cause to believe it will save lives, could be a reality.
And just as an aside, the word is that in the upcoming series "24" will have a woman President. Whether she will be Jack Bauer's courageous supporter or his weak nemesis is yet to be seen. But based on the number of people who view this program as reality, it just could determine who our next real life President shall be.
(Co-Posted at Dailykos.com)
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Comments :
What's wrong with banning it completely?
Such a ban isn't at all problematic in the context of the (contrived) ticking bomb scenario. You just torture the bad guy, get the info, and then step up and take the consequences for violating the law like a man. It's not like it's a tough call between saving a city and getting in some legal trouble. No need for the law to condone such actions.
Another possibility is to go all the way in the other direction: have torture warrants. Everything legal and transparent, have a system in place to do it by the books, no sadism just the science of pain.
Leaving it gray is the worst of all possible worlds. The legal consequences aren't clear, nobody knows how far is too far (or not far enough) when it comes to inflicting pain, there are conflicting guidelines from different agencies, there's no consensus on what constitutes torture and what is enhanced interrogation.
All of this is without even touching the moral dimensions, obviously.
Good diary. By the way, how was Rendition as a movie? Worth seeing?
Come, my friends. 'Tis not too late to seek a newer world -- Tennyson
Banning is good
And i will agree to banning torture when we agree to ban irrational exuberance.
In order to ban either, we need a reliable way to tell whether any particular behaviour is an example of each.
So, give me a definition of 'irrational exuberance' such that I can tell when the merely exuberant is and is not irrational, and, conversely, when the merely irrational is or is not exuberance.
Likewise with torture. I have been asking for such a definition for years. One would expect that those who say "such-and-such is torture" could give you one, which amounts to their being able to give you a reason for their statement about such-and-such. Likewise, a person who says "torture should be banned" ought to be able to tell you exactly what should be banned, what it consists of, and have a hard and fast rule for deciding, even in the heat of the moment, what is or isn't torture.
And yet, time and again, I have been disappointed by just those whose use of the term suggests that they do have such a definition.
So, I have a technique in mind, which I would like to judge whether it is torture or not. If I gave you (all) the particulars of this technique, how would you judge whether it was torture?
Here's a starting point
My common sense definition would be anything involving cutting or puncturing skin, breaking bones, dislocating joints, or pulling nails or teeth. I'd also include anything likely to inflict physical damage due to duration (for example, prolonged exposure to heat or cold). Also starvation or dehydration. In addition, I think there are forms of mental torture, which I'd loosely define as anything likely to result in permanent mental damage. I reserve the right to modify this definition because I'm sure I'm forgetting or omitting something.
No, I don't think most of the enhanced interrogation techniques that we acknowledge employing should be considered torture. Maybe we can quibble about specific techniques.
Come, my friends. 'Tis not too late to seek a newer world -- Tennyson
The problem, Brendan
is that this definition, of which you gave only part, is part of a law implementing a treaty, and applies only to those outside the US. It's better than nothing, but it could be applied (if you read it all) to anyone who was taking a trip outside the US, was a citizen of the US, and who said to their kid, as my mom used to, "I'm going to wring your neck."
The trouble with many definitions is that they use terms like 'prolonged.' What does that mean, exactly? Sub-freezing temperatures for an hour? Probably not. Five days? Probably (but could a person whose plane was forced down in the Andes who wasn't rescued for five days claim that he was tortured by the airlines?). Howe about 27 hours? In between. How would we decide? Nowadays, torture is ascertained by looking at the body, but MOST of the definition you cite has to do with mental torture.
Today, I think waterboarding is the watershed technique, and if we can put a technique on one side or the other of it, we can guess for that technique. But what about waterboarding? The answer seems to lie mostly with one's politics (Although McCain and Graham, Republican senators both think it is torture).
I have a case that I think any definition must be able to handle. At the time of Abu Ghraib, the story was told of one Iraqi who was put into high heat for days, but didn't crack. They kept him awake, no crack. They left the lights on 24/7, no cracking. They pumped loud rock&roll music into his room, no cracking. Finally, a soldier brought in one of his C&W discs, and that was pumped into the man's cell. he is said to have cracked within an hour. This tells me that C&W music is torture. So any definition of torture cannot be so constructed that it would exclude an hour of C&W music as torture.
Or Woody Allen's Classic example
of torture in one of his early films, Being locked in a room with a life insurance salesman for several hours.
Seriously, having written this diary I have given it more thought. Mental torture is easy to inflict when one is under the control of another entity. The fear for one's fate is the beginning.
And Kafka, put his name to the torture of being enmeshed in an unfeeling bureaucracy. And how about American prisons, where rape of the weak is not uncommon.
We focus on the torture of the classic infliction of acute excruciating pain and try to outlaw this action. It is the other types, more pervasive and more easily tolerated by "moral" people that is the greater problem.
why not let the CIA do the job
that they have been doing for decades and know much better than any one of us (or the Hollywood producers) what works and what doesn't?
Extreme measures are used in extreme cases and I trust the incredibly professional people at our premier agency to do what they do only in the interest of protecting our country. For every terrorist incident that they fail to prevent, there are 100s and 1000s of others that they do prevent.
Here is how I see the total picture:
The Right ---> focused on fighting the terrorists, on figuring out who they are, on attacking their ideology, on giving the tools and the funding to our intel community, armed forces, law enforcement to be able to combat the Threat
The Left ---> focused on the rights of the terrorists, on the well-being of the terrorists, on challenging our intel community, armed forces, law enforcement, on accusing our armed forces of murder in public (Haditha without a case), etc etc.
I think it's a problem of emphasis. I would rather our government spend more money to empower our Intelligence community to be better and more capable of preventing the threats of the 21st century. Unfortunately we are going to be stuck questioning people who defend us until the next major attack on US.
"To discuss evil in a manner implying neutrality, is to sanction it." AR
So you agree with Russia, Cuba, Burma
that it is okay for them to torture who they identify as terrorist.
Once you become like your enemy you lose.
No, Jasmine
you don't understand.
An old saw (I wish i could attribute this, but i can't) says that we tend to judge others by their results, but ourselves by our intentions. A corollary says that we can assume the worst intentions when judging others. This alone will make much of political criticism more clear.
So, we know our own sainted intentions. We know that we will only use anything even remotely like torture in the worst of circumstances when nothing else can work, and that we will limit the use to only what is necessary. Our intentions are good.
Russia, Cuba, and Burma, on the other hand, torture people unmercifully for often only political reasons. We may assume that their intentions are evil. If they say they are torturing someone because he is a terrorist, we know thqat he is not really a terorist, but, at most, a brave freedom fighter.
Of course, many one the left, Chomsky-like, think that to make their bones they have to apply the reasoning just used against Cuba and China to the United States, that this somehow makes them kewl. Of course, the truth is that this kind of rigid thinking leads to idiocy in any case.
btw, my question: what is torture?
yup
Many on the Left make an infuriating jump to our people somehow enjoying these methods and using them indiscriminately. Everything comes from an anti-American bias.
"To discuss evil in a manner implying neutrality, is to sanction it." AR
So now I have an anti-American bias?
Do tell
I notice you skipped MS' question on what torture is. Come on Ender, step up!
Is it just me
or does anyone else think that Ender missed the irony in what he quoted from me?
perhaps if I read your comment a bit more carefully...
"To discuss evil in a manner implying neutrality, is to sanction it." AR
What i think
is that making assumptions about motives is iffy at best, and that assuming that they are always good or always bad is the province of the brain dead.
usually, with policy, we can decide if it is a good or bad policy without resort to motive. Bad motives do not make a good policy bad, nor do good motives make a bad policy good .
I think that politics would be much imporved if motives were left out of it.
I agree
especially since I feel that you only have good motives in promoting politics without motives :)
"To discuss evil in a manner implying neutrality, is to sanction it." AR
MS, I noticed, but didn't think pointing it out would do good
Irony flies by all the time. I did roll my eyes a bit though.
To answer your earlier question, My imperfect definition of torture is anything that causes pain and/or terror to a degree that it would be likely to cause a person to confess to an act they did not do that was criminal or repugnant to them, or cause a person to commit such an act, in order to avoid continued application.
Motive does not matter, nor does the innocence or guilt of the victim matter for purposes of whether it is torture or not. The fact that such activity would have a substantial liklihood of getting an innocent person to confess is sufficient for my definition.
Oh Ender, that is a bunch of BS
The left (or at least me) aren't looking so much towards the rights of the terrorists as the rights of the folks you and the less than competent folks you elected.
My definition of torture btw, beyond the normal mutilation, death, permanent injury etc, is anything that through fear or pain would have a substantial liklihood of getting an innocent person to confess to a crime or an act they would find repugnant. Which is the heart of why I don't trust anyone with it (and sleep deprivation, water boarding, stress positons for 20 hours etc all count)
Oh, and btw, the war in Iraq is one of the biggest drains of money AWAY from the intelligence community.
just as well
I still would prefer people who have been defending this country for decades with tried and true tactics (doesn't have to be torture) figure out what works best without people like you making rules for them.
I am not too interested in definition of torture and of course none of those techniques should ever be used on anyone not obviously guilty, but I trust CIA experts, out there on the frontlines, risking their lives, to do what they deem best to continue protecting this country.
You say that you are concerned about the rights of folks like me but all it looks like is you are concerned about the rights of folks who are not like me. Unless I am very similar to some Islamist fanatic who is known to have planned countless terrorist strikes on civilians.
"To discuss evil in a manner implying neutrality, is to sanction it." AR
Civilian Rule and all that
Would you agree that 'people like me' and our elected officials have the authority to make such decisions if we choose to?
As for you being like some Islamist fanatic, do you actually think that most 'enhanced interrogation' has been done on people we "know" to have planned countless terrorist strikes? Despite the literally thousands of years of history showing that people given the OK to torture turn it loose on suspects as well as people who just piss them off?
Notice you skipped the impact the War in Iraq had had on intelligence funding
yes I would agree with that
I am just stating my preferences for whose opinion I value more.
The thousands of years of history is immaterial as US does have a very different structure of government and novel ideals so for example I wouldn't compare what US might be doing now to Inquisition for example.
I'm confident that the worst people received the worst treatment. I don't mind the CIA doing what they do best and I personally am not in favor of regulating them which only debilitates their functionality of protecting our country.
War in Iraq was a mistake. As such technically it has adversely affected our budget. Any war, whether mistake or not, would potentially adversely affect other funding priorities. I do believe that Intel funding has increased nonetheless.
"To discuss evil in a manner implying neutrality, is to sanction it." AR
Funding = Develop + Procure + Use & Sustainment
I don't have the budget info, but even if the overall budget is up, when you are buying more systems (wear and tear, losses) and using them more often in support of activities and thus paying more for sustainment, you starve out development of new capabilities.
Its like for combat capabilities. Buying more bullets, bombs and fuel means you don't have the funds to develop better systems
Response to a few comments:
Keeping things vague has some advantage, specifically in the good cop-bad cop ploy.
This is one of the most powerful interrogation methods, and when it works the suspect perceives himself confiding in a friend, so false confession is less likely. For it to be effective the bad cop must be feared, in a way that the suspect/victim feels he is in danger. If he knows that the bad cop is effectively restrained from harming him, he will not seek the solace of "coming clean" to his new best friend.
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And while the Jack Bauer type may, in fact, throw away the book when there is a 24 like ticking bomb scenario, we do not have to make him break a law that loses effectiveness. A law that is not enforced consistently is no law at all. Is it not preferable that we clearly define the circumstances when such action can be used? Then we can put all the safeguards in place that are humanly possible.
This is what I am suggesting, which is to focus on the exigencies of the situation rather than the degree of pain. This is a variation of the age old question of whether the ends justifies the means. Which sort of depends exactly what the means are and to what the potential end, in this case an end that may be avoided.
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"Rendition" shows the downside of torture, morally and practically. But it alludes to its justification under certain circumstances.
Overall, it argues against the practice of "extraordinary rendition." But it also explains why those who support it come to their conclusion.
It is more accurate, and more fair, than 24. And beyond raising important questions, it is a riveting well made flick that is, if I dare use the word, "entertaining".
Ticking Time Bomb
No. We have a justification clause in every law. Self Defense, Lesser Evil (I break into someone's house to avoid dying in a blizzard or to perform CPR on someone inside) are all justification defenses.
But the burden of proof is on the person claiming justification. The current rational is the other way around, with folks insisting that to convict someone of torture, you need to prove that their was no danger and the person knew that there was no danger. As a result the whole States' Secret defense is used to avoid the question completely. "Oh, we had good reason to believe there was a ticking time bomb... but we can't tell you what it is, so you can't press charges"
Wouldn't rely on "justification" defense...
There are people serving long sentences for stealing to provide food for their children, or to get them a life saving operation.
One can make any defense for any crime. It doesn't mean that it has a good probability to prevail.
And to the degree that the pendulum has swing to the other side before 9-11, the breach between the methods used to detect terrorist and those for criminal cases may have contributed to the killers not being picked up.
My argument is that torture has the two meaning that I cited. Any incarceration in a cell, especially solitary confinement, is psychic torture. Knowing you could be framed and spend your life in a cage is extreme psychic torture.
These can not be elimiated, and we are focusing on the more dramatic images, such as those depicted in "Rendition"
It's a more complex issue than it seems.
But you are writing the justification in already
I don't understand your proposed implementation. Self-defense is a justification for killing someone. Are you suggesting that that is insufficient? That murdering someone should be legal in certain circumstances and you shouldn't have to prove that you were justified?
I don't get your point. If you put in clear situations, you are defining the justification defense. I'm just avidly against someone only needing to CLAIM justification rather than having a burden of proof.
Self Defense, Yes, it's a defense..
that if proven, will acquit.
You also mention "lessor evil." That is the one I was questioning.
I am not a lawyer, and I suspect you aren't either. But, in effect you were suggesting the rouge investigators would be held harmless for their actions if the danger were clear cut.
Are we not then tacitly saying that the law can not be written comprehensively enough to cover such conditions. We have paradoxes here.
The old truism of our civil justice is "better a hundred guilty go unpunished than one innocent man is convicted." With a slight shift of location, if all the world is a War zone, even a war against terror it is reversed, "Better a hundred innocent are killed than the person with the ticking nuclear bomb pushes that button."
I'm not wise enough to have the answers. I'm just trying to point out how difficult this subject is once you get beyond the partisan position of both sides.
Only non-lawyer in the family
So I have plenty of resources to clear up my questions and lots of past discussions.
Lesser Evil is one of several justifications. It is hard to use and requires pretty imminent danger. "I was hungry, so I stole food" wouldn't cut it, but, "I was stuck in a blizzard and came across an empty house, and out of fear that I might freeze, broke in" or "I looked through the window and saw someone choking to death so I broke the window, jumped in and performed the heimleich"
Self-Defense (and other-defense) would cover any ticking time-bomb issue. But Self-Defense does NOT protect against the investigation or prosecution, only the conviction. And that's the problem. People are arguing that someone should not be investigated because "what if it was a ticking time bomb scenario?!?!".
Also, the reasonable person would have to believe that there was an imminent threat to life, as opposed to the current "Eh, mistakes happen, and the guy looked like he might know about some ticking time-bomb" excuses people raise.
Give me a single example where Self-Defense (which covers Defense of Others) wouldn't apply, and we'll have a point of discussion, but nobody has ever raised such an example to me without also arguing that torture should be the policy.
I Don't have a good summary...
Any principle can be abused. Self defense, and defending others is the rationale for those who want to allow people to carry concealed weapons.
If one visualizes a decent courageous wise person, yes we want him armed to protect the innocent. But if it is some confused or power hungry guy, no.
I guess this is why we have juries, to make decisions when all the facts and circumstances are known for a given event. Hypotheticals become infinite and vague, so they can never be the basis for policy.
If this sounds like double talk, its the best I can do. I'm really not sure where I stand, except I think broad illegality can be counter productive, in that the public then expects extra legal action from people. We give a broader license to law enforcement officials to use deadly force, something beyond torture, because we see the necessity, even accepting the occasional misuse, meaning killing the innocent.
Beyond law, there is the culture of those with the power to administer torture, or deadly force. They must know when it is appropriate, the rare times when it may be appropriate, and then do what is necessary.
I just don't know how to build such a culture, but it's much tougher than passing, even the perfect law.
To a better world.
Some more info on waterboarding
is here
.
Come, my friends. 'Tis not too late to seek a newer world -- Tennyson
Not splitting hairs....
..... but the real question seems to be whether the US can and should legally employ 'enhanced interrogation' (I say torture, you say tomato) as a matter of policy.
It's one thing if the CIA has a known terrorist & it's reasonably certain that he's got detailed information about an imminent attack.
It's something else entirely if the CIA -- or worse, civilian subcontractors or regular military personnel -- are applying 'enhanced interrogation' methods to folks who've been rounded up in a 'sting', whose 'value' is entirely unknown. Might be a terrorist, might be a guy who walked into the wrong coffee shop at the wrong time... we just don't know.
The first scenario is the '24' scenario, and it's all that most folks seem to want to talk about.
The second is, apparently, a whole lot closer to what's actually happened.
But legally and morally you've got to decide to draw a line somewhere. What if the CIA can't crack that high value target and get the information they're sure he has, but they've got access to his wife? Or his kids, or his sweet little grandmother? Maybe he's got a puppy, or a pootie? Should they march all of them in and waterboard them in front of him to see if maybe he'll crack? Why not?
Sorry, but as a matter of law, I think the only thing that makes any sense is to ban all of this stuff entirely. In the event the intelligence services run into a 'ticking time bomb' scenario - a '24' scenario -- then, as Bill Clinton said, 'You do what needs to be done...' but you do it recognizing that it's against the law. If you're determined to waterboard people, seems to me that there ought to be some consequences if you screw up and waterboard somebody's sweet old grandmother, or a cute little pootie, or anyone else who is innocent.
A politician is an arse upon which everyone has sat except a man -- e e cummings
I agree
In that (unlikely) scenario I'm guessing waterboarding wouldn't be the worst thing we'd come up with, either. But I absolutely agree that torture should not be condoned by the law.
(If you think about it, this stance actually makes torture more effective because the tortoree wouldn't be expecting it and would quickly realize there are no limits to what could be done to him. In a brutal sort of way, it almost makes sense from an intelligence gathering perspective to outlaw torture. Naturally I would still require consequences for those who broke the law by employing torture.)
Come, my friends. 'Tis not too late to seek a newer world -- Tennyson
We are getting to a larger connundrum here....
This is the justification for Jack Bauer, and every other cinema tough guy, to say, "I'm not going to the book." And then operate beyond the law.
This is what happens when those, such as we liberals, don't want to condone such brutality. It is almost analogous to those pro life folks who ignore the back alley abortions that would occur if they had their way.
This is a tough issue. And I don't think we have resolved in in this discussion. But perhaps we can, at least, have some more understanding of those who must grapple with this in congress.