U.S. Sen. John McCain delivered the following remarks Thursday on the floor of the Senate regarding the debate on the use of torture:
Mr. President, the successful end of the ten-year manhunt to bring Osama bin Laden to justice has appropriately heightened the nation's appreciation for the diligence, patriotism and courage of our armed forces and our intelligence community. They are a great credit and inspiration to the country that has asked so much of them, and like all Americans, I am in their debt.
But their success has also reignited debate over whether the so-called, 'enhanced interrogation techniques' of enemy prisoners, including waterboarding, were instrumental in locating bin Laden, and whether they are necessary and justifiable means for securing valuable information that might help prevent future terrorist attacks against us and our allies and lead to the capture or killing of those who would perpetrate them. Or are they, and should they be, prohibited by our conscience and laws as torture or cruel, inhuman and degrading treatment.
I believe some of these practices – especially waterboarding, which is a mock execution, and thus to me, indisputably torture – are and should be prohibited in a nation that is exceptional in its defense and advocacy of human rights. I believe they are a violation of the Detainee Treatment Act of 2005, the Military Commissions Act of 2006, and Common Article Three of the Geneva Conventions, all of which forbid cruel, inhuman and degrading treatment of all captured combatants, whether they wear the uniform of a country or are essentially stateless.
I opposed waterboarding and similar so-called 'enhanced interrogation techniques' before Osama bin Laden was brought to justice. And I oppose them now. I do not believe they are necessary to our success in our war against terrorists, as the advocates of these techniques claim they are.
Even more importantly, I believe that if America uses torture, it could someday result in the torture of American combatants. Yes, I know that al-Qaeda and other terrorist organizations do not share our scruples about the treatment of enemy combatants, and have and will continue to subject American soldiers and anyone they capture to the cruelest mistreatment imaginable. But we must bear in mind the likelihood that some day we will be involved in a more conventional war against a state and not a terrorist movement or insurgency, and be careful that we do not set a standard that another country could use to justify their mistreatment of our prisoners.
And, lastly, it is difficult to overstate the damage that any practice of torture or cruel, inhuman and degrading treatment by Americans does to our national character and historical reputation – to our standing as an exceptional nation among the countries of the world. It is too grave to justify the use of these interrogation techniques. America has made its progress in the world not only by avidly pursuing our geopolitical interests, but by persuading and inspiring other nations to embrace the political values that distinguish us. As I've said many times before, and still maintain, this is not about the terrorists. It's about us.
I understand the reasons that governed the decision to approve these interrogation methods, and I know that those who approved them and those who employed them in the interrogation of captured terrorists were admirably dedicated to protecting the American people from harm. I know they were determined to keep faith with the victims of terrorism, and prove to our enemies that the United States would pursue justice tirelessly, relentlessly and successfully, no matter how long it took. I know their responsibilities were grave and urgent, and the strain of their duty was considerable. I admire their dedication, and love of country. But I dispute that it was right to use these methods, which I do not believe were in the best interests of justice or our security or the ideals that define us and which we have sacrificed much to defend.
I don't believe anyone should be prosecuted for having used these techniques in the past, and I agree that the Administration should state definitively that no one will be. As one of the authors of the Military Commissions Act, which I believe prohibits waterboarding and other 'enhanced interrogation techniques,' we wrote into the language of the law that no one who before the enactment of the law should be prosecuted. I don't think it's helpful or wise to revisit that policy.
Many advocates of these techniques have asserted their use on terrorists in our custody, particularly, Khalid Sheikh Mohammed, revealed the trail to bin Laden – a trail which had gone cold in recent years, but would now lead to his destruction. The former Attorney General of the United States, Michael Mukasey, recently claimed that 'the intelligence that led to bin Laden… began with a disclosure from Khalid Sheikh Mohammed, who broke like a dam under the pressure of harsh interrogation techniques that included waterboarding. He loosed a torrent of information – including eventually the nickname of a trusted courier of bin Laden.' That is false.
With so much misinformation being fed into such an essential public debate as this one, I asked the Director of Central Intelligence, Leon Panetta, for the facts. And I received the following information:
The trail to bin Laden did not begin with a disclosure from Khalid Sheikh Mohammed, who was waterboarded 183 times. We did not first learn from Khalid Sheikh Mohammed the real name of bin Laden's courier, or his alias, Abu Ahmed al-Kuwaiti – the man who ultimately enabled us to find bin Laden. The first mention of the name Abu Ahmed al-Kuwaiti, as well as a description of him as an important member of al-Qaeda, came from a detainee held in another country. The United States did not conduct this detainee's interrogation, nor did we render him to that country for the purpose of interrogation. We did not learn Abu Ahmed's real name or alias as a result of waterboarding or any 'enhanced interrogation technique' used on a detainee in U.S. custody. None of the three detainees who were waterboarded provided Abu Ahmed's real name, his whereabouts, or an accurate description of his role in al-Qaeda.
In fact, not only did the use of 'enhanced interrogation techniques' on Khalid Sheikh Mohammed not provide us with key leads on bin Laden's courier, Abu Ahmed; it actually produced false and misleading information. Khalid Sheikh Mohammed specifically told his interrogators that Abu Ahmed had moved to Peshawar, got married, and ceased his role as an al-Qaeda facilitator – which was not true, as we now know. All we learned about Abu Ahmed al-Kuwaiti through the use of waterboarding and other 'enhanced interrogation techniques' against Khalid Sheik Mohammed was the confirmation of the already known fact that the courier existed and used an alias.
I have sought further information from the staff of the Senate Intelligence Committee, and they confirm for me that, in fact, the best intelligence gained from a CIA detainee – information describing Abu Ahmed al-Kuwaiti's real role in Al-Qaeda and his true relationship to Osama bin Laden – was obtained through standard, non-coercive means, not through any 'enhanced interrogation technique.'
In short, it was not torture or cruel, inhuman, and degrading treatment of detainees that got us the major leads that ultimately enabled our intelligence community to find Osama bin Laden. I hope former Attorney General Mukasey will correct his misstatement. It's important that he do so because we are again engaged in this important debate, with much at stake for America's security and reputation. Each side should make its own case, but do so without making up its own facts.
For my part, I would oppose any legislation, if any should be proposed, that is intended to authorize the administration to return to the use of waterboarding or other methods of interrogation that I sincerely believe are torture or cruel, inhuman and degrading, and as such, unworthy of and injurious to our country. This debate is ongoing, but I don't believe it will lead to a change in current policy prohibiting these methods.
So, perhaps this is just a debate for the history books. But it is still important, because Americans in a future age, as well as their leaders, might face these same questions. We should do our best to provide them a record of our debates and decisions that is notable not just for its passion, but for its deliberativeness and for opinions that were informed by facts and formed with scrupulous care by both sides for the security of the American people and the success of the ideals we cherish. We have a duty to leave future American generations with a history that will offer them not confusion but instruction as they face their crises and challenges, and try to lead America safely and honorably through them. Both sides can't be right, of course. But both sides can be honest, diligent and sincere.
(continued)
Mr. President, the successful end of the ten-year manhunt to bring Osama bin Laden to justice has appropriately heightened the nation's appreciation for the diligence, patriotism and courage of our armed forces and our intelligence community. They are a great credit and inspiration to the country that has asked so much of them, and like all Americans, I am in their debt.
But their success has also reignited debate over whether the so-called, 'enhanced interrogation techniques' of enemy prisoners, including waterboarding, were instrumental in locating bin Laden, and whether they are necessary and justifiable means for securing valuable information that might help prevent future terrorist attacks against us and our allies and lead to the capture or killing of those who would perpetrate them. Or are they, and should they be, prohibited by our conscience and laws as torture or cruel, inhuman and degrading treatment.
I believe some of these practices – especially waterboarding, which is a mock execution, and thus to me, indisputably torture – are and should be prohibited in a nation that is exceptional in its defense and advocacy of human rights. I believe they are a violation of the Detainee Treatment Act of 2005, the Military Commissions Act of 2006, and Common Article Three of the Geneva Conventions, all of which forbid cruel, inhuman and degrading treatment of all captured combatants, whether they wear the uniform of a country or are essentially stateless.
I opposed waterboarding and similar so-called 'enhanced interrogation techniques' before Osama bin Laden was brought to justice. And I oppose them now. I do not believe they are necessary to our success in our war against terrorists, as the advocates of these techniques claim they are.
Even more importantly, I believe that if America uses torture, it could someday result in the torture of American combatants. Yes, I know that al-Qaeda and other terrorist organizations do not share our scruples about the treatment of enemy combatants, and have and will continue to subject American soldiers and anyone they capture to the cruelest mistreatment imaginable. But we must bear in mind the likelihood that some day we will be involved in a more conventional war against a state and not a terrorist movement or insurgency, and be careful that we do not set a standard that another country could use to justify their mistreatment of our prisoners.
And, lastly, it is difficult to overstate the damage that any practice of torture or cruel, inhuman and degrading treatment by Americans does to our national character and historical reputation – to our standing as an exceptional nation among the countries of the world. It is too grave to justify the use of these interrogation techniques. America has made its progress in the world not only by avidly pursuing our geopolitical interests, but by persuading and inspiring other nations to embrace the political values that distinguish us. As I've said many times before, and still maintain, this is not about the terrorists. It's about us.
I understand the reasons that governed the decision to approve these interrogation methods, and I know that those who approved them and those who employed them in the interrogation of captured terrorists were admirably dedicated to protecting the American people from harm. I know they were determined to keep faith with the victims of terrorism, and prove to our enemies that the United States would pursue justice tirelessly, relentlessly and successfully, no matter how long it took. I know their responsibilities were grave and urgent, and the strain of their duty was considerable. I admire their dedication, and love of country. But I dispute that it was right to use these methods, which I do not believe were in the best interests of justice or our security or the ideals that define us and which we have sacrificed much to defend.
I don't believe anyone should be prosecuted for having used these techniques in the past, and I agree that the Administration should state definitively that no one will be. As one of the authors of the Military Commissions Act, which I believe prohibits waterboarding and other 'enhanced interrogation techniques,' we wrote into the language of the law that no one who before the enactment of the law should be prosecuted. I don't think it's helpful or wise to revisit that policy.
Many advocates of these techniques have asserted their use on terrorists in our custody, particularly, Khalid Sheikh Mohammed, revealed the trail to bin Laden – a trail which had gone cold in recent years, but would now lead to his destruction. The former Attorney General of the United States, Michael Mukasey, recently claimed that 'the intelligence that led to bin Laden… began with a disclosure from Khalid Sheikh Mohammed, who broke like a dam under the pressure of harsh interrogation techniques that included waterboarding. He loosed a torrent of information – including eventually the nickname of a trusted courier of bin Laden.' That is false.
With so much misinformation being fed into such an essential public debate as this one, I asked the Director of Central Intelligence, Leon Panetta, for the facts. And I received the following information:
The trail to bin Laden did not begin with a disclosure from Khalid Sheikh Mohammed, who was waterboarded 183 times. We did not first learn from Khalid Sheikh Mohammed the real name of bin Laden's courier, or his alias, Abu Ahmed al-Kuwaiti – the man who ultimately enabled us to find bin Laden. The first mention of the name Abu Ahmed al-Kuwaiti, as well as a description of him as an important member of al-Qaeda, came from a detainee held in another country. The United States did not conduct this detainee's interrogation, nor did we render him to that country for the purpose of interrogation. We did not learn Abu Ahmed's real name or alias as a result of waterboarding or any 'enhanced interrogation technique' used on a detainee in U.S. custody. None of the three detainees who were waterboarded provided Abu Ahmed's real name, his whereabouts, or an accurate description of his role in al-Qaeda.
In fact, not only did the use of 'enhanced interrogation techniques' on Khalid Sheikh Mohammed not provide us with key leads on bin Laden's courier, Abu Ahmed; it actually produced false and misleading information. Khalid Sheikh Mohammed specifically told his interrogators that Abu Ahmed had moved to Peshawar, got married, and ceased his role as an al-Qaeda facilitator – which was not true, as we now know. All we learned about Abu Ahmed al-Kuwaiti through the use of waterboarding and other 'enhanced interrogation techniques' against Khalid Sheik Mohammed was the confirmation of the already known fact that the courier existed and used an alias.
I have sought further information from the staff of the Senate Intelligence Committee, and they confirm for me that, in fact, the best intelligence gained from a CIA detainee – information describing Abu Ahmed al-Kuwaiti's real role in Al-Qaeda and his true relationship to Osama bin Laden – was obtained through standard, non-coercive means, not through any 'enhanced interrogation technique.'
In short, it was not torture or cruel, inhuman, and degrading treatment of detainees that got us the major leads that ultimately enabled our intelligence community to find Osama bin Laden. I hope former Attorney General Mukasey will correct his misstatement. It's important that he do so because we are again engaged in this important debate, with much at stake for America's security and reputation. Each side should make its own case, but do so without making up its own facts.
For my part, I would oppose any legislation, if any should be proposed, that is intended to authorize the administration to return to the use of waterboarding or other methods of interrogation that I sincerely believe are torture or cruel, inhuman and degrading, and as such, unworthy of and injurious to our country. This debate is ongoing, but I don't believe it will lead to a change in current policy prohibiting these methods.
So, perhaps this is just a debate for the history books. But it is still important, because Americans in a future age, as well as their leaders, might face these same questions. We should do our best to provide them a record of our debates and decisions that is notable not just for its passion, but for its deliberativeness and for opinions that were informed by facts and formed with scrupulous care by both sides for the security of the American people and the success of the ideals we cherish. We have a duty to leave future American generations with a history that will offer them not confusion but instruction as they face their crises and challenges, and try to lead America safely and honorably through them. Both sides can't be right, of course. But both sides can be honest, diligent and sincere.
(continued)