But why not take Hayden at his word for a moment. Even if torture in some sense “works,” it’s still illegal, immoral and not worth the price. I don’t subscribe to the premise that we have to destroy civilization in order to save it. You can too easily make the claim that we ought to waterboard killers in order to prevent future crimes. And then violent criminals. And then so on down the slippery slope. There’s no robust case to be made that there’s something unique about the resistant capabilities of terrorists. Anyway, Hayden says he wants torture opponents to say, “‘Even though it may have worked, I still don’t want you doing it.’… I can live with that tradeoff. I can live with the person who makes that tradeoff. Either way. That’s an honorable position.” OK, if that’s how you want it: gladly.
My pal Uncle Jimbo — congratulations on the launch of Big Peace, by the way — has a problem with that:
That is the moral choice that many on the left will say they are perfectly content to make, and which I consider moral cowardice. If you have KSM in custody and he tells you (as he did) that there are upcoming plots to kill us, and when you ask what, when and where, and he says you will have to wait and see, well I believe you have an imperative to act. I believe that failure to do whatever is necessary to gain that information from him, is moral cowardice, and that your own desire to remain morally pure does not outweigh the call to save innocents.
I doubt that either of us is able to convince the other, but two points. (For the sake of the argument, let’s grant Jimbo’s ticking-bomb premise.) First, as a matter of logic, before Jimbo’s imperative can kick in, you’d have to first show that only torture could be able to elicit the information required, something that has never been proven, only asserted. As a practical matter, the move to torture elides the question of torture yielding unreliable information, diverting counterterrorist resources during the “ticking bomb” scenario while the clock tick tick ticks away.
Second, why stop with eliciting information? Jimbo’s argument applies with greater force to doing “whatever is necessary” to stopping the terrorists. Why not just carpetbomb North Waziristan? Sure, you’d kill “innocents.” But you could just as easily argue that those alleged “innocents” allow al-Qaeda safe haven, or that you can’t do anything else to get at the al-Qaeda safe havens, etc., and you can just wrap up the Afghanistan war a lot quicker and isn’t that more humane in the long run? And how many North Waziristani (or Yemeni, or Somali, etc.) “innocents” are worth the prospect of another American domestic terror attack? And so on and so forth. The point is, someone could just as easily levy the “moral cowardice” argument against someone who recognizes that warfare, to be both civilized and effective, requires prudent limitations, even if our adversaries don’t respect that argument.
And I know Jimbo is precisely such an individual, because that dirty hippie says so rather eloquently right here. I’m a big boy, and if he wants to call me a moral coward, I’m not going to take it personally. But there are many others who believe that the U.S. has a fundamental interest in living our values, even when the easy or satisfying answer is to forsake them. If Jimbo wants to go down this road, he’ll have to call, among others, David Petraeus a moral coward as well.



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Interesting that you wholly missed the whole reframing of the term “moral cowardice”.
When I was in the Army, back in the 80s, one of the criteria on an OER was an evaluation of the rated officer’s “moral courage”. That, we were trained, was defined as the officer’s willingness to stand up for what was right, to stand for principle, and to ensure that moral values were effected in the actions of the officer’s subordinates. In other words, if there were two ways to effect the desired mission, one legal/moral and one less so, moral courage would require taking the legal/moral route, even if it were “harder” to do so.
“Moral cowardice” OTOH, was that spineless suppleness that said “anything goes so long as I get the objective met”. The lack of guiding moral principle, or the failure to follow guiding moral principle because it was easy, expedient, or popular to so fail, the willful blindness in the face of what would in civilian life be criminality – that was moral cowardice.
Now, 4 star general Hayden says “moral cowardice” is, what, an unwillingness to follow a criminal order? An unwillingness to “do what has to be done”, itself an old chestnut used by tyrants and sociopaths the world over to justify all flavors of savagery?
It’s unsurprising to me that someone who rose to high, and higher, rank under a Bush/Cheney regime would indulge in and believe such a deep, mirror-image inversion of the principles which formerly governed his profession. They needed whores like Hayden to carry out their programs. But what should be surprising is that no one has seen fit to examine, in detail, just the ways and means of that inversion and perversion.
In my subsequent career as a lawyer, I had the opportunity to examine any number of witnesses. One of the most interesting and instructive remains a guy with low-level schizophrenia. In his world, everything followed the same principles of logic as worked in our world. He just had different postulates. Or, as one of us said to another: “his reality works just as well as, and is as logically consistent as, ours. It’s just a different reality because it’s got different definitions.”
Spencer, you need to look at this – the philosophy and morality underlying it – in detail.
The ultimate test of the question isn’t terror. It’s kidnapping. If you subscribe to this position, you go to the drop and grab the kidnapper. Yep. Now the clock really is ticking, and you have to somehow get the location of the victim before either henchmen kill him or he runs out of air/food/water where you’ve got him stashed. It’s the straight up ticking time bomb challenge.
If your goal is to get the righteous location and his goal is to prevent you from doing so, two questions arise. If he gives you a location, do you STOP torturing him while you check it out to determine if it’s the truth? How about the next time you ask? At what point do you ignore him and keep torturing him, even if you might have broken him? But if he understands you won’t stop even if he gives up, what is the motivation to surrender?
Come on. This is a ridiculous conversation. One that harms everything we believe we are and stand for. We HAVE a criminal justice system. We HAVE a system of military justice. In Vietnam, I doubtlessly committed at LEAST two murders. Nobody tried to say it was policy. I could have (some would argue SHOULD have) been prosecuted for them. The were illegal acts, and no one sought to pretend there was some justification for them. We might have looked the other way sometimes, as does every army, but when you find yourself in the position of supporting crimes against humanity as a matter of policy, you’ve lost your way. And I submit we’ve lost our way…
mikey
The stategic problems with torture are so obvious, the fact that we are still having this argument says something extremely horrifying about human nature.
And as to moral cowardice, well, I thought Jim Manzi put it well about a year ago
This debate has obviously been warped out of any contact with what we might call moral reality that it might at one time shortly after 9/11 have had when it was still for the most part theoretical (and I’m not saying it ever had such contact). But one thing always seemed rather clear to me: that torture or torture-lite or whatever one might consider doing to someone to get them to do what you want them to, has always in any case been asserted by those proposing such things to be a lesser crime than purposely killing innocents. This is a contention that is of course debatable, but just from a debating standpoint I’m not sure your point number two about carpet bombing is much of a problem for the more sane early attempts at torture justification: they do claim that torture is a lesser wrong than purposeful killing, whether you agree or not.
Now, of course, it so happens that the effects of our current policy are not so so far off from a more indiscriminate approach that you bring up, but we do at least claim to be attempting to minimize civilian casualties with our current policies while supposedly targeting only military targets, so formally speaking we have our moral and legal bases covered there as well. But innocent people still die.
MikeD, do you think there are a lot of people who approve of torture but disapprove of Hiroshima/Nagasaki/Dresden/etc.?
Whether a lot of people do or not, the arguments as I heard them before it all got made academic by events would certainly have contrasted physically coercive interrogation favorably to those decisions, even if they defended them in their context. As I said: the assertion was that the moral evil of limited torture would be less than things like what you mention. In a sense, support for Dresden, etc. might have been used to leverage support for torture, though obviously the comparison is poor.
Seriously, why are we still having this argument? Do we need more evidence that our right-wing milbloggers have a serious case of delusion when it comes to American values? They just don’t get it, never will.