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Criminal justice, as it pertains to the Goldmans and Morgan Stanleys of the world, is not adversarial combat, with cops and crooks duking it out in interrogation rooms and courthouses. Instead, it's a cocktail party between friends and colleagues who from month to month and year to year are constantly switching sides and trading hats.
The CIA has acknowledged that it has detained about 100 terrorists since 9/11, and about a third of them have been subjected to what the CIA refers to as 'enhanced interrogation tactics,' and only a small proportion of those have in fact been subjected to the most serious types of enhanced procedures.
The vast majority of prisoners at Abu Ghraib, even after interrogation, had no further intel value whatsoever.
The actions we took in the aftermath of 9/11 were harsh but necessary and effective. These steps were fully sanctioned and carefully followed. The detention and interrogation of top terrorists like Abu Zubaydah, Khalid Sheikh Muhammed and Abu Faraj al-Libbi yielded breakthroughs which have kept this country safe.
I worked for George Bush. I'm proud to have worked for him. I think that a lot of the most controversial things we did, that people didn't like and - and criticized us for, things like the terror surveillance program or the enhanced interrogation techniques, were things that allowed us to save lives.
Nonetheless, Article 5 makes clear that if an Iraqi civilian who is not a member of the armed forces, has engaged in attacks on Coalition forces, the Geneva Convention permits the use of more coercive interrogation approaches to prevent future attacks.
If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of information.
Ethically, I think pretty much every code of ethics for doctors suggests that they should not be in an interrogation room, particularly if there's anything coercive or abusive going on.
And I think that what is of concern is that they seem to be bringing skills from the scientific world into the interrogation room in a way that begs a lot of questions about whether it's ethical.
People were floored when they saw that the underwear bomber, after less than 50 minutes of interrogation, was given the rights, privileges, and immunities of an American citizen under the Constitution.