No Comment — March 1, 2010, 5:27 pm

Stuart Taylor’s Stuck Record

Writing behind the paywall at the National Journal, Stuart Taylor makes a sustained effort to defend Jay Bybee and John Yoo. He expresses his support for the analytical approach that Yoo pioneered in the memos, starting with the idea that while techniques like waterboarding may well be “torture” as the term is commonly used, it is not “torture” within the specific definition that Congress put forward. That is the key Yoo premise: that Congress chose to punish only some exotic exceedingly rare kinds of torture. Indeed, Yoo doesn’t seem to be able to identify anything that always constitutes torture, even if it results in death. David Luban makes short work of the Taylor apology in a recent post:

The 1971 OED: “severe or excruciating pain or suffering (of body or mind)….”

Webster’s Third International (1971): “intense pain”

Webster’s Second International (1953): “severe pain” and “extreme pain”

American Heritage Dictionary (1976): “severe physical pain”.

In other words: the colloquial meaning of ‘torture’ is virtually the same as the legal definition. The OED definition, by the way, is so similar to the CAT definition that it seems likely that whoever drafted article 1 of CAT may have drawn on the OED.

Another argument that Taylor makes goes back to the use of the SERE techniques: “10,000-plus SERE trainees have almost unanimously reported that waterboarding caused no severe physical pain and no prolonged mental harm.” As readers of Philippe Sands’s book The Torture Team know, this was the precise rationale used by the Bush Administration “war council” lawyers in developing their procedures. Responding to him, Luban notes that the memoranda do not say what Taylor seems to think they say. They say that an individual engaged in training in the program claimed that the SERE program never caused prolonged mental harm, because the drop-out rate was very low. But this is no real basis for comparison, because the mental harm caused in a controlled training environment cannot be compared with its use in an unpredictable, menacing environment connected to human intelligence gathering.

The arguments Taylor makes here weren’t good arguments five years ago, and repeating them like a broken record doesn’t make them any better.

Share
Single Page

More from Scott Horton:

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2014

The End of Retirement

= Subscribers only.
Sign in here.
Subscribe here.

The Octopus and Its Grandchildren

= Subscribers only.
Sign in here.
Subscribe here.

Francis and the Nuns

= Subscribers only.
Sign in here.
Subscribe here.

Return of the Strongman

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The End of Retirement·

= Subscribers only.
Sign in here.
Subscribe here.

“For those riding the economy’s outermost edge, adaptation may now mean giving up what full-time RV dwellers call ‘stick houses’ to hit the road and seek work.”
Photograph (detail) © Max Whittaker
Post
The Many Faces of Boko·

= Subscribers only.
Sign in here.
Subscribe here.

“People want education. Open a school and they will rush.”
Photograph © The author
Article
The Octopus and Its Grandchildren·

= Subscribers only.
Sign in here.
Subscribe here.

On Stanford University’s origins and vision
“The pervasive fantasy that Silicon Valley doesn’t need the government obscures the role of that government in funding much of the research that built it.”
Photograph © Sallie Dean Shatz
Post
God Lives on Lemon Street·

= Subscribers only.
Sign in here.
Subscribe here.

“Bethel was Oz-like for me. I mean that with all the awe, utter hopefulness, and mythic fear with which Dorothy and her friends had approached that magical city.”
Photograph (detail) ©© Clemens v. Vogelson (Flickr)
Article
Francis and the Nuns·

= Subscribers only.
Sign in here.
Subscribe here.

“A year and a half into his papacy, Pope Francis is looking an awful lot like his predecessors.”
Photograph (detail) © Dan Kitwood / Getty Images

Estimated additional hours Americans would spend stoned annually if marijuana were legal in most states:

30,000,000,000

Researchers at Johns Hopkins University said that most alcohol-related airplane accidents happen at night and in bad weather.

A waitress in Chengdu ate a cockroach in response to a complaint by a customer who had discovered the bug in his salad. “You will always find cockroaches in the food,” she told him. “It is very normal.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today