Thursday, April 16, 2009

Good-faith reliance on legal counsel

Here’s a summary of what the CIA supposedly thought was kid-tested, mom-approved:
The methods include keeping detainees naked for long periods, keeping them in a painful standing position for long periods, and depriving them of solid food. Other tactics included using a plastic neck collar to slam detainees into walls, keeping the detainee’s cell cold for long periods, and beating and kicking the detainee. Sleep-deprivation, prolonged shackling, and threats to a detainee’s family were also used.
And here’s the Torture Act:
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality
“We’re gonna fuck your wife and kids ... sometime down the road! Not imminently!”

“I’m beating and kicking you and slamming your head into a wall … but not severely so!”

Gosh. How was the CIA to know that was bad legal advice?

(Quoting myself from comments at Yglesias.)

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