McCain’s Defense of His Amendment

Posted on Sunday 13 November 2005

Via Newsweek, John McCain gives a defense of why he is pushing his anti-torture amendment. It’s definitely worth reading to get a well-thought out argument in favor of the amendment. One point it addresses is the “ticking bomb” argument that, for the most part, seems to be about the only argument that is made in favor of torture.

What do we do if we capture a terrorist who we have sound reasons to believe possesses specific knowledge of an imminent terrorist attack?

In such an urgent and rare instance, an interrogator might well try extreme measures to extract information that could save lives. Should he do so, and thereby save an American city or prevent another 9/11, authorities and the public would surely take this into account when judging his actions and recognize the extremely dire situation which he confronted. But I don’t believe this scenario requires us to write into law an exception to our treaty and moral obligations that would permit cruel, inhumane and degrading treatment. To carve out legal exemptions to this basic principle of human rights risks opening the door to abuse as a matter of course, rather than a standard violated truly in extremis. It is far better to embrace a standard that might be violated in extraordinary circumstances than to lower our standards to accommodate a remote contingency, confusing personnel in the field and sending precisely the wrong message abroad about America’s purposes and practices.


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