The Ticking Nuke

One of the arguments I’m hearing more often than most is the 24 ticking nuke scenario. The danger from the pro-torture right’s argument is that there are no logical limits to what ought to be done in this situation. They’re claiming that these techniques aren’t torture, but that they’re necessary because they could stop an attack.

So let’s pretend for a moment that President Obama didn’t ban these methods. And let’s further pretend that our entire military and intelligence apparatus has failed to detect a loose nuke despite unprecedented resources. We know that there’s a ticking nuke out there. We don’t know where, but we have a suspected terrorist in custody who might know, and the CIA is thusly waterboarding the crap out of him in a mad dash to make up for failing to catch the nuke sooner.

How far should the CIA go in order to adequately extract this information when waterboarding isn’t working and time is of the essence? Cliff May, for instance, says that Muslims are bound by their religion to resist. If, as the pro-torture logic goes, the justification for torture is to thwart an attack — that we have an obligation to use any means necessary to save American lives, where does it end?

International human rights groups have catalogued other methods used in the torture chambers of Iraq: electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape.

If this is not evil, then evil has no meaning.

This passage is from George W. Bush’s 2003 State of the Union Address. Do we employ Saddam’s methods, or do we draw the the line and, once and for all, agree that America does not torture? No exceptions.

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  • Chris K.

    The question is framed wrong and we will lose the debate with that question. If we do not torture and people die, are we at fault?The real debate should be how do we not get into such a scenario in the first place. Why is everything coming down to the last second? Are the intelligence agencies that bad where the only way to garner information is to degrade ourselves and become just like our enemy.As Obama mentioned, it is a false choice. Let’s build up our intelligence where we don’t have to lose ourselves in order to try and keep ourselves alive.

  • Hardeep

    This scenario as stated is really a stupid reason for using torture to begin with. I mean the big bad terrorist will probably know the nuke will go off soon, and all he has to do after being tortured is to provide bad information that takes up a lot of time to investigate until it does. Anyways, it seems to assume that torture is a better method for extracting valid information than traditional techniques, which has not been proven at all (and probably disproved given all the information that is coming out).

  • Prozac Boy

    Personally if your going to use a television show as an example of getting crucial information in the nick of time then I would suggest Criminal Minds. There the BAU used psychology learn and eventually get the information through the manipulation information and trust.24 is great for watching things blow up but to use that as policy then I guess all of us are actually on the Truman Show.

  • http://www.politicalpartypooper.wordpress.com politicalpartypooper

    I just read the Geneva Convention’s definition of torture, and I have to say, I think it is ambivalent on purpose.For example:”Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention [ie GCIV] as would … be prejudicial to the security of such State … In each case, such persons shall nevertheless be treated with humanity (GCIV Article 5)”If we are going to prosecute, I think we need to let the international community prosecute this. Specifically, the Inter-American Convention:From WIKIPEDIAThe Inter-American Convention to Prevent and Punish Torture, currently ratified by 17 nations of the Americas and in force since 28 February 1987, defines torture more expansively than the United Nations Convention Against Torture.”For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.”So the question we have is this: Do we want to expose ourselves to International authority, and the precedent that would imply?Most of you who have been commenting about this are all for prosecuting this issue. Fine. But there is no way the world will look at any American prosecution of its own international crimes as anything other than a farce.So there is the rub. If we prosecute this, in order to truly seek justice, we must lay ourselves at the mercy of the International courts. Otherwise, any “justice” we seek, is “tainted”. (I know Bob will like my use of that word.)

  • Tom Servo

    What nobody points out is that in the ticking A-bomb scenario, it doesn’t matter whether torture is illegal. If the terrorist tells Jack Bauer where the bomb is in time, no jury will ever convict him for kneecapping the terrorist to get the information. When you waterboard somebody 183 times in a month, that tells me that the interrogators had plenty of time to use more civilized methods.

  • http://www.xkcd.com/ • Silly Ratfaced Git •

    Most of you who have been commenting about this are all for prosecuting this issue. Fine. But there is no way the world will look at any American prosecution of its own international crimes as anything other than a farce.

    What do you have to back up that statement?I read blogs in UK and DE and they are saying the exact opposite. They are hoping that we clean up our own mess so that they won’t have to do it for us. If we do not prosecute the Bush Adminstration for war crimes, then the EU will. They are waiting to see what we do. This is a major portion of why I am pushing so hard for a special prosecutor. The Europeans will have more respect for us if we police our own than if they have to do it. I don’t think you and the Republicans understand the Europeans at all.

  • Chris K.

    @Tom ServoExcellent point!If you notice, this single point is all the supporters of torture have left. Once we point out that NOWHERE in the Intel gathered was there a real ticking-bomb scenario (I would classify anything under a week as falling into that category) then the whole argument of torture is toast.They have no more counterpoints after the ticking-time bomb notion is disproved.

  • Ady

    Whoa…I just wrote THIS on my Teh FB: There should be NO further debate about torture in the U.S. of A. The legal definition is as follows: “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a male or female person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a… Read More third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. However, the motive for torture can also be for the sadistic gratification of the torturer.” ENOUGH said. End of story.Also it doesn’t matter what kind of legal briefing/opinion Bush’s team of lawyers wrote to justify the torture of human beings. Last I checked, a lawyer does not have the power to CHANGE the law. It’s comparable to a lawyer writing a legal briefing to make DUI legal b/c that’s the crime with which his client is accused of committing. That’s insane … Read Moreand so too is this on-going debate. How is it that people go to prison for animal cruelty, but everybody is stuck on stupid when it comes to the torture of or extreme cruelty toward human beings?Those arguing FOR torture keep repeating, “Well, these people were the worst of the worst,” or, “What if there’s a ticking time bomb,”or “They’d cut off an American’s head if they captured one of our soldiers.” In fact, Liz Cheney said that yesterday. Does that mean we should become just like them–terrorists?

  • Ady

    Ooops the “Read More” shouldn’t be included in my first comment–they’re line breaks on FB. Sorry.

  • Hector

    Ady-Your quote said”any act by which severe pain or suffering”I would call you attention to the word severe. We all would agree that the use of hot irons, breaking of bones, crushing of testicles is severe. No question. What is severe? Who defines what severe is? The President of the United states asked lawyers to give a legal opinion, they did. We now want to retrospectively go back and say it was wrong, OK that’s fine with me. But, if you want to make that difference into a criminal matter, I think that’s a mistake. What if in the future there is a right wing president, who decides that Abortion is murder. Do you want to give that power to that President to go back in time and bring criminal charges against pro-choice Presidents? Think about that for a moment, because you have to think carefull about the ramifications in all different kinds of situations. Think of the power that it could give to a future far right leaning President, and how that Administration could abuse that power towards this present Administration.We want to say it was wrong. Great. Want to say that this Administration won’t do it. Excellent. Making it criminal- ill advised.

  • http://www.xkcd.com/ • Silly Ratfaced Git •

    Tom Servo -Your point is well taken. However it only applies if what you are after is valid intel.If what you want is to get a detainee to swear that up is down, you have to use torture. They wanted statements that Saddam Hussein was involved in 9/11. Since this was not true, normal interrogation techniques were not going to work. They needed to use torture to get this result.They knowingly used techniques that had been previously used by our enemies to obtain false confesions from our troops that had been captured.These ‘leaders’ of ours where the worst sort of criminal there is. They lied to us in order to rob our treasury in the name of “keeping us safe” from whatever. If it hadn’t been terrorists, they would have come up with something else.Most Republicans are in denial about what a bunch of rubes they’ve been taken for and therefore they have to continue to believe that everything the BushCo criminal conspiracy did was done “to keep us safe.”Even when you hit them over the head with the truth they refuse to believe that they could have been that stupid. They will cling to the falsehood rather than admit that they were dumbass fools taken for a ride.

  • http://www.xkcd.com/ • Silly Ratfaced Git •

    Hector -All five JAGs of the Armed Services have allready ruled that waterboarding is torture.There is no debate on this except amongst the very misinformed.If you believe that waterboarding is not torture, then you had better get ready to explain to some Japanese families why we executed members of their families for the War Crime of waterboarding.I don’t care if you don’t think that waterboarding is torture. I can point to thousands of legal opinions that say it is, versus the ONE legal opinion by Bybee and Yoo that say it isn’t.Your legal opinion is of no consequence to me so fuck off.

  • http://www.xkcd.com/ • Silly Ratfaced Git •

    Waterboarding is torture. Torture is a criminal act under our laws. Hence Waterboarding is a criminal act.We aren’t making it criminal. It always has been.Please try to keep up.

  • http://www.dugshop.com Paula Bonhomme

    Jesus, I fucking HATE, despise, abhor, etc etc in perpetuity, that fucking television show.And hello, tighty righties, even in 24 they torture a guy for less than 24 hours. Just because it might feel like months because you’re watching a day spread out over 24 weeks. I’d imagine if you’re pussified enough to crack, you’re gonna do it pretty PDQ. Not that I’m condoning torture, even for brief periods.I hate to criticize any media at all for stirring up shit, but it ain’t called the idiot box for nuthin’. 24 gives morons a woody, and the same way they lock onto the second amendment and disregard the rest of that pesky ol’ Constitution, they see the righteous glory of torture and none of the morality play, what little of it there is in that heinous show. It’s no wonder I stick to Turner Classic Movies.Feh. Education is the only answer. I don’t want to ban this garbage, I just want there to be a comprehension that it’s a WORK OF FICTION, PEOPLE!

  • NorCalNative

    Bob, I think the answer to your ticking nuke question is a mushroom cloud. The chance that torture might reveal the source of a bomb from a suspect known not to have any real knowledge, just “possible” knowledge seems very low.Cliff May does appear to be a right-wing apologist for torture and doesn’t seem to care much that international laws say the opposite of what he does. However, in fairness his idea that Islamic faith demands resistance is from a Muslim prisoner of the War on Terror,While it’s a small difference I thought your link is a little misleading. It still makes him a gaping anus, but just in a slightly different way.Your link to President/Constitutional Dictator Bush’s 2003 State of the Union Speech was both time warp and mind-fu*k. It’s amazing how much propaganda and lies were in that speech.Permanent War Incorporated is a lot easier to pull off when you have such a natural rivalry as that between Christianity and Islam. Are we still trying to figure out how to win the Crusades?

  • shaddomagg

    Its not just the “enemy” who have been trained to resist. Isn’t every single American Armed Forces personnel trained in resisting torture as well? If McCain can give out the names of a football team, why do any of these wingnuts think that the same training isn’t happening in enemy training camps?

  • http://hellodollyllama.blogspot.com/ Hello Dolly Llama

    Not only is the “ticking nuke” scenario entirely fictional, it comes from really, really, bad, contrived, fiction. Even in the world of fiction it only happens in silly, unbelievable claptrap like James Bond movies and Tom Clancy novels. Learning about foreign policy from such comic-book nonsense is like trying to learn about military policy from watching Sergeant Bilko, or learning about WWII from Hogan’s Heroes, or learning about law enforcement by watching old Batman episodes.