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I think Dershowitz' stance is that torture itself isn't necessarily a terrible thing; that is, if it takes torture to get someone to give up information that could save millions of people's lives, it's not totally a bad thing. This doesn't mean you go around torturing prisoners left and right, hoping someone will give up some information; nor does it mean using torture to extract a confession from someone to use against him in court. Dershowitz acknowledged in an interview that torture often ends with very poor intelligence, since people will just make stuff up to get the torture to end. I think he accepts torturing known terrorists like Mullah Omar or al-Zarqawi: people who are established, high-ranking members of terrorist organizations. If Zarqawi (for instance) is likely to have information, and he is resistant to all sub-torture interrogation methods, why should the interrogators not torture him if thousands or even millions of lives could be saved? (I'm not saying I agree, but I think this would be Dershowitz' argument.) The largest problem with the whole Abu Ghraib thing isn't that prisoners were tortured; it's that these prisoners were likely innocent (and, if they were guilty of something, it would be low-level), and were being tortured for kicks and, according to Hersh, as part of an operation to set up a network of informers who would provide local intelligence under threat of blackmail. There was never any indication that any of these prisoners would know anything at all beneficial to military intelligence. (The Taguba report indicates that accountability was so poor that MI couldn't even be positive whom they were torturing!) It's very important to distinguish between Dershowitz, and the likes of Limbaugh and Inhofe. Dershowitz would support torture when used by highly trained operative with executive and judicial branch authorization on high-level targets who are extremely likely to have important operational information; Limbaugh and Inhofe support torture only if it's performed by white Christians on Arab Muslims. While I'm not sure whether I buy the Dershowitz argument, I find the whole issue of torture/no-torture to be a red-herring: our focus should be on creating the conditions where the discussion need never arise. There is a saying in martial arts philosophy that if one finds himself in a fight, he's already failed.
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