The “torture” report released Tuesday by California Democratic Sen. Dianne Feinstein’s Senate Select Committee on Intelligence is the latest attempt to prove that the George W. Bush administration’s “enhanced interrogation techniques” used on a small number of terrorist prisoners amounted to torture and that the CIA lied to congress about them. It is a political condemnation of CIA conduct meant to erect another barrier to effective interrogation of terrorists, and it is wrong in its statement of the law.
The Democrats — at least those who were among the congressional leadership, including the leaders of the House and Senate Intelligence committees in the years immediately after Sept. 11, 2001 — were all knowledgeable of the “enhanced interrogation techniques” used by the CIA to interrogate terrorist prisoners. Some involved rough handling — slaps to the face, bodies thrown against a wall, sleep deprivation — and some very few interrogations — notably of Khalid Sheik Mohammed and Abu Zubaydah — involved waterboarding. Since then, the Democrats have alternately denied that they knew what was done and sought to condemn the use of the “EITs” as torture.
On Tuesday, two actions sought to propel that false narrative. First was a New York Times op-ed by ACLU executive director Anthony Romero suggesting that President Obama pardon President George W. Bush, former Defense Secretary Donald Rumsfeld and others ” because it may be the only way to establish, once and for all, that torture is illegal.” The second was the release of the 500-page report authored by Mrs. Feinstein’s Democratic members and staff after an investigation that began in 2009. Both are wrong because according to a CIA inspector general report and Justice Department legal opinions at the time the EITs they employed — even waterboarding — weren’t torture under U.S. law.
Any condemnation of the CIA’s interrogation of terrorist detainees cannot be justified if it was lawful and if it resulted in gathering of intelligence that proved useful in capturing or killing active terrorists. Of the Feinstein report’s 20 conclusions only the first three are relevant to those questions. They state that the enhanced interrogation techniques were ineffective in acquiring intelligence, that the CIA’s justification for using them rested on inaccurate claims of effectiveness and that the CIA’s interrogations of detainees were “brutal and far worse than the CIA represented to policymakers and others.”