Congressional negotiators are currently haggling over an amendment to a military spending bill which would prohibit torture of anyone in American custody. This sounds good, but we're not enthusiastic.
The McCain amendment to the spending bill says this: "No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment." The amendment passed the senate 90 to 9 a couple of days ago, but it shouldn't have.
President Bush has threatened to veto the legislation and we hope he does, not because we don't think people suspected of terrorism should be given some protections from abusive treatment, but because this bill is so vaguely worded that it has the potential to severely cripple us in the fight against those who wish to destroy us.
For example, what exactly constitutes "degrading treatment"? Is it imprisonment? Solitary confinement? Ridicule? Being yelled at? Unless the word "degrading" is clearly defined almost anything done to a detainee could be interpreted, and will be interpreted by ACLU lawyers, as degrading, and our courts and military will be bogged down for years trying to get clarification on what is permitted and what isn't.
The same criticism could be levelled at the use of words like "cruel" or "inhumane." Where is the line between cruel and not-cruel? Is giving detainees institutional food cruel? What about the use of fake menstrual blood, or the use of deception in general? Does cruelty depend upon motive or is it merely a function of the act itself? If an interrogator uses methods which might be deemed cruel because he has reason to believe that the detainee has information about a terrorist attempt to blow up the Lincoln Tunnel in New York, would that be prohibited? If so, why? These and other questions need to be answered before the president should affix his signature to such a bill.
This is one of those pieces of legislation that politicians vote for in order to look good by appearing to be doing good. They're no doubt hoping that Bush will save them from their fecklessness and veto this charade.