How come we were able to fight WWII without torturing our POWs?
From this week's New Yorker--
Dan Coleman, an ex-F.B.I. agent who retired last July, because of asthma, scoffed at the idea that a C.I.A. agent was now having compunctions about renditions. The C.I.A., Coleman said, liked rendition from the start. They loved that these guys would just disappear off the books, and never be heard of again, he said. They were proud of it.
For ten years, Coleman worked closely with the C.I.A. on counter-terrorism cases, including the Embassy attacks in Kenya and Tanzania. His methodical style of detective work, in which interrogations were aimed at forging relationships with detainees, became unfashionable after September 11th, in part because the government was intent on extracting information as quickly as possible, in order to prevent future attacks. Yet the more patient approach used by Coleman and other agents had yielded major successes. In the Embassy-bombings case, they helped convict four Al Qaeda operatives on three hundred and two criminal counts; all four men pleaded guilty to serious terrorism charges. The confessions the F.B.I. agents elicited, and the trial itself, which ended in May, 2001, created an invaluable public record about Al Qaeda, including details about its funding mechanisms, its internal structure, and its intention to obtain weapons of mass destruction. (The political leadership in Washington, unfortunately, did not pay sufficient attention.)
Coleman is a political nonpartisan with a law-and-order mentality. His eldest son is a former Army Ranger who served in Afghanistan. Yet Coleman was troubled by the Bush Administrations New Paradigm. Torture, he said, has become bureaucratized. Bad as the policy of rendition was before September 11th, Coleman said, afterward, it really went out of control. He explained, Now, instead of just sending people to third countries, were holding them ourselves. Were taking people, and keeping them in our own custody in third countries. Thats an enormous problem. Egypt, he pointed out, at least had an established legal system, however harsh. There was a process there, Coleman said. But whats our process? We have no method over there other than our lawsand weve decided to ignore them. What are we now, the Huns? If you dont talk to us, well kill you?
From the beginning of the rendition program, Coleman said, there was no doubt that Egypt engaged in torture. He recalled the case of a suspect in the first World Trade Center bombing who fled to Egypt. The U.S. requested his return, and the Egyptians handed him overwrapped head to toe in duct tape, like a mummy. (In another incident, an Egyptian with links to Al Qaeda who had coöperated with the U.S. government in a terrorism trial was picked up in Cairo and imprisoned by Egyptian authorities until U.S. diplomats secured his release. For days, he had been chained to a toilet, where guards had urinated on him.)
Under such circumstances, it might seem difficult for the U.S. government to legally justify dispatching suspects to Egypt. But Coleman said that since September 11th the C.I.A. has seemed to think its operating under different rules, that it has extralegal abilities outside the U.S. Agents, he said, have told me that they have their own enormous office of general counsel that rarely tells them no. Whatever they do is all right. It all takes place overseas.
Coleman was angry that lawyers in Washington were redefining the parameters of counter-terrorism interrogations. Have any of these guys ever tried to talk to someone whos been deprived of his clothes? he asked. Hes going to be ashamed, and humiliated, and cold. Hell tell you anything you want to hear to get his clothes back. Theres no value in it. Coleman said that he had learned to treat even the most despicable suspects as if there were a personal relationship, even if you cant stand them. He said that many of the suspects he had interrogated expected to be tortured, and were stunned to learn that they had rights under the American system. Due process made detainees more compliant, not less, Coleman said. He had also found that a defendants right to legal counsel was beneficial not only to suspects but also to law-enforcement officers. Defense lawyers frequently persuaded detainees to coöperate with prosecutors, in exchange for plea agreements. The lawyers show these guys theres a way out, Coleman said. Its human nature. People dont coöperate with you unless they have some reason to. He added, Brutalization doesnt work. We know that. Besides, you lose your soul.