Senate Votes to Ban Waterboarding

I guess waterboarding is worse then this…………….Hello Senate!!!!

The Senate narrowly passed a ban on waterboarding as part of their intelligence bill, setting up a showdown between Congress and the White House on limitations for interrogation techniques. The bill clearly states approved and disapproved procedures, ending the ambiguity that has created much of the controversy over whether anyone has ever broken the law in interrogating terrorist suspects.
The Senate voted yesterday to ban waterboarding and other harsh interrogation tactics used by the CIA, matching a previous House vote and putting Congress on a collision course with the White House over a pivotal national security issue.
In a 51 to 45 vote, the Senate approved an intelligence bill that limits the CIA to using 19 less-aggressive interrogation tactics outlined in a U.S. Army Field Manual. The measure would effectively ban the use of simulated drowning, temperature extremes and other harsh tactics that the CIA used on al-Qaeda prisoners after the Sept. 11, 2001, attacks.
Congress banned any military use of waterboarding and other harsh tactics through the Detainee Treatment Act of 2006, which was co-sponsored by Sen. John McCain (Ariz.), now the front-runner for the GOP presidential nomination.
But McCain sided with the Bush administration yesterday on the waterboarding ban passed by the Senate, saying in a statement that the measure goes too far by applying military standards to intelligence agencies. He also said current laws already forbid waterboarding, and he urged the administration to declare it illegal.
The problem with McCain’s position is that the executive branch can’t simply declare something illegal. Congress has to pass the law before the executive can enforce it. The DTA 2006 bill left enough room for the argument to be made either way.
When Congress did what was necessary if they wanted to make waterboarding an illegal interrogation process. However, they did more than that in this bill, which is why McCain rightly opposed it, and why Bush will wind up vetoing it. They basically gave terrorists a manual for American interrogation preparation. They went too far; they could have passed a very specific ban on waterboarding without having to publish the CIA’s approved list of techniques.
Senate Votes to Ban Waterboarding
sfgate.com (AP)

Congress on Wednesday moved to prohibit the CIA from using waterboarding and other harsh interrogation methods on terror suspects, despite President Bush’s threat to veto any measure that limits the agency’s interrogation techniques.
The prohibition was contained in a bill authorizing intelligence activities for the current year, which the Senate approved on a 51-45 vote. It would restrict the CIA to the 19 interrogation techniques outlined in the Army field manual. That manual prohibits waterboarding, a method that makes an interrogation subject feel he is drowning.
The House had approved the measure in December. Wednesday’s Senate vote set up a confrontation with the White House, where Bush has promised to veto any bill that restricts CIA questioning.
Arguing for such restrictions, Senate Intelligence Committee Chairman Jay Rockefeller, D-W.Va., said the use of harsh tactics would boomerang on the United States.

“Retaliation is the way of the world. What we do to others, they will do to us — but worse,” Rockefeller said. “This debate is about more than legality. It is also about morality, the way we see ourselves … and what we represent to the world.”

The legislation bars the CIA from using waterboarding, sensory deprivation or other harsh coercive methods to break a prisoner who refuses to answer questions. Those practices were banned by the military in 2006.
CIA Director Gen. Michael Hayden said last week that current law and court decisions, including the Detainee Treatment Act of 2005, cast doubt on whether waterboarding would be legal now. Hayden prohibited its use in CIA interrogations in 2006; it has not been used since 2003, he said.
The Detainee Treatment Act of 2005 prohibited cruel, inhuman and degrading treatment for all detainees in U.S. custody, including CIA prisoners.
In comments last week to the House Intelligence Committee, Hayden acknowledged for the first time publicly that the CIA has used waterboarding against three prisoners.
The technique is still officially in the CIA tool kit but it requires the consent of the attorney general and president on a case-by-case basis.
Hayden warned Congress that if the CIA were limited to military techniques, it would adhere to them without wavering, even if it meant failing to get urgent and crucial information. He contends the CIA has different interrogation needs than the military and requires more latitude.

“I guarantee you we will live within those confines of any statute of that nature. But you have to understand there would be no exceptions,” he said.

Democratic Sen. Dianne Feinstein of California, backed by Senate Republicans Olympia Snowe of Maine and Chuck Hagel of Nebraska, inserted the provision in December into a bill providing guidelines for the running of U.S. intelligence agencies this year.
The 19 approved interrogation techniques in the military field manual include “good cop/bad cop,””false flag” — making prisoners think they are in the custody of another country — and the separation of a prisoner from other prisoners for up to 30 days at a time.
It prohibits military interrogators from hooding prisoners or putting duct tape across their eyes. They may not be stripped naked or forced to perform or mimic sexual acts. They may not be beaten, electrocuted, burned or otherwise physically hurt. They may not be subjected to hypothermia or mock executions. It does not allow food, water and medical treatment to be withheld, and dogs may not be used in any aspect of interrogation.

Republican presidential contender Sen. John McCain of Arizona, who was tortured as a prisoner of war in Vietnam, voted against the measure Wednesday.

Democratic Sen. Chuck Schumer of New York dared Bush to veto the bill, saying that the president’s Iraq war commander, Gen. David Petraeus, rejects harsh interrogation.

“If it’s good enough for General Petraeus and FBI Director Robert Mueller, it’s good enough for all of America,” Schumer said. “If the president vetoes this, he will be voting in favor of waterboarding.”

Feinstein noted Bush’s repeated declarations that the United States does not torture. “If he means what he says this is the bill to sign,” she said.

This is an UPDATE:
Justice Dept: Waterboarding not legal
A senior Justice Department official says laws and other limits enacted since three terrorism suspects were waterboarded has eliminated the technique from what is now legally allowed, going a step beyond what CIA Director Michael Hayden has said.

“The set of interrogation methods authorized for current use is narrower than before, and it does not today include waterboarding,” Steven G. Bradbury, acting head of the Justice Department’s Office of Legal Counsel, says in remarks prepared for his appearance Thursday before the House Judiciary Constitution subcommittee.

“There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law,” he said. It is the first time the department has expressed such an opinion publicly.

This will carry some weight; Bradbury was the man who signed off on waterboarding in 2005, before the DTA. It could be enough for the veto to get accepted by Congress without a big fight over an override.

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Wild Thing’s comment……..
This is what I don’t get about all of this. We have the military it should be the one to decide what it will do and won’t do about anything to do in warfare period. That should include all aspects of war, how they treat prisoners etc. Why are politicians that for sure have an agenda get to put their two cents in to someting that so many of them have not even served in the military and don’t have a clue what our troops are up against.
The liberals sure like to ban stuff that helps us win against our enemy’s…eavesdropping, water-boarding. What a great bunch of fools!
Interrogation technique under Dems new plan: “Would you like tea with that?”
It’s very apparent that our Senate doesn’t take this war serious enough yet.
You can check out the names of the 51 (terrorists) senators who think special rights for terrorists are more important than American lives.
HERE is the roll call vote: