QUOTE(nebraska29 @ Feb 18 2008, 06:32 PM)

So, a torture method is torture if the army does it, but the same torture method isn't torture if the CIA carries it out.
Not even close.
There was no vote on banning waterboarding, unlike the topic title would indicate. They voted to apply the Army manual interrogation methods for all interrogators. And I can see some definite problems with this idea. For starters, it was created by the military for the military. If this were to pass, would the CIA and FBI be required to vet inquiries that deviate from 'the manual' through military channels, even if such tactics are neither abusive nor humiliating? Apparently so. It is necessary for all interrogators to defer to high-ranking military commanders for approval of all procedure which differs in any way from what is stated in the manual. The CIA and FBI are supposed to answer to the justice and state departments, not the DOD.
Furthermore, there have been some problems with this manual. It might wash for certain facilities, like the Iraqi prisons that McCain referenced in the debate, but high-profile interrogation facilities no. Interrogation is not something that fits into a Congressionally-mandated doctrine. It isn’t a hard science, each person is individual. Mustang, who is the forum expert on this matter and has always, absolutely and positively always been outspoken against torture and abusive tactics, also finds this manual problematic. I’ve heard it described this way by an intelligence officer:
“If my goal is to get to Los Angeles, the interrogation doctrine tells me which route to take, but it doesn't tell me the type of car I ought to drive, the speed at which I drive, when and where I pull over to eat, or even what side of the road I can drive on. Interrogations in a doctrinal context have similar variables. Approach is the mindset, techniques are the methods used to go down that avenue of approach. This law refers to "treatment and techniques", and I don't think Congress is synced up with what Army doctrine can bring to the statute “
McCain
does support an absolute ban on waterboarding and other such tactics, and drafted and promoted legislation to forbid it in 2006, and it was passed.
The portion regarding abuse encompassed not only military personnel but all US interrogation personnel, anywhere:
QUOTE
SEC. 1003. <<NOTE: 42 USC 2000dd.>> PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.
(a) In General.--No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
(

Construction.--Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment
under this section.
If the above was too vague the solution is pretty simple. Make it less vague and forbid exclusively the use of certain tactics. NOT simply lump a document created specifically for the military and apply it to other agencies with different responsibilities and command structures.
I think this is a good idea, gone about in a very bad way. A bit like doing some necessary eye surgery with a bone saw. What the interrogation facilities need is oversight and accountability, legal people at all sites to ensure that techniques used during interrogation are appropriate and not abusive.
QUOTE
The second line of reasoning is bunk too. It's already illegal, so we can't make it illegal again?

Really, well if it's already illegal, then what would be wrong with doing so again? There are "other" methods that he doesn't want to restrict the CIA from using? If so, what are they? Or are such method s as imaginary as a "secret plan" to win Vietnam?
O
What he doesn't want is for the CIA and FBI to have to publish their interrogation methods because it would obviously compromise their effectiveness. He
does want waterboarding to be illegal, and it is (via the aforementioned act). He also wants oversight to prevent abuse. He just doesn't want the CIA and FBI interrogation tactics to be public knowledge, and he stated this as his reason for veto on the Senate floor, as a matter of public record. He was correct to have vetoed this, IMO.