Sen. Kennedy Exclusive: Ending Unlawful Interrogation
Earlier this month the Senate passed a bill to end torture.
Why now? And what does the Senate vote tell us about social change and how, why and when it happens?
We posed this question to leading historians, writers, critics. Senator Ted Kennedy (D-MA) had this to say:
The recent Senate vote on torture is a step forward, but there is still a long way to go. After months of delay, the Senate was finally able to vote on a provision to rein in the CIA's "enhanced interrogation program." We passed a bill requiring all U.S. government agencies, including the CIA, to comply with the Army Field Manual's standards on interrogation. This reform is essential. The Bush administration has consistently disregarded existing torture prohibitions, and the Field Manual leaves no doubt that abusive techniques are always and everywhere impermissible. Now the country will see whether the president lives up to his rhetoric on torture by signing this bill into law.
The Bush administration’s approach to torture has betrayed everything America stands for. Its abusive treatment of detainees undermines our commitment to human rights. Its implausible reinterpretations and repeated violations of prohibitions against torture undermine our commitment to the rule of law. Its refusal even to disclose its practices to Congress undermines our commitment to checks and balances. Its dishonest claims to have rejected torture undermine our commitment to government accountability. And its willingness to jettison longstanding restraints on abuse of prisoners undermines our commitment to protecting our own personnel abroad. President Bush’s torture policies have been a stain on America in the eyes of the world.
By passing the Detainee Treatment Act in 2005 and the Army Field Manual provision yesterday, the Senate has registered its clear opposition to these policies. I introduced legislation to apply the Field Manual's interrogation standards government-wide in August, and I've worked since then with a broad coalition of Senators and outside groups to make this reform a reality. Particularly notable was the leadership of our current military leaders, Judge Advocates General, and retired generals in explaining-through personal meetings and through the media-why the Field Manual approach is the most realistic way to develop a lawful and effective interrogation policy.
Congress was moved to act when Attorney General Mukasey refused during his confirmation process to acknowledge that waterboarding is unlawful. The outrage increased when the Director of National Intelligence said that waterboarding would be torture if used against him, but then refused to say that it would be unlawful if used against others. The last straw was the President's astonishing claim that waterboarding is lawful and might be used again.
It is never easy to resist the president on a national security issue in a time of serious threat—especially when he keeps the full extent of his lawbreaking secret. Congress felt it had no choice but to pass another round of anti-torture legislation and protect the rule of law.
Agree? Disagree? Have a different perspective? Send your response or rebuttal to . Perhaps he'll post it.
