Torture is one of those topics that often overwhelm sober reason with lurid emotion. Even people who usually are clear-eyed and rational sink into sloppy thinking and incoherent argument when it comes to torture. Peggy Noonan’s recent Wall Street Journal column about the Senate report on the CIA’s interrogation techniques illustrates this phenomenon perfectly.
Noonan is usually an astute analyst, but her column on the report is riddled with received wisdom and unexamined assumptions. For Noonan, the “important lesson” of the report is not that progressives, as usual, are shameful hypocrites and partisan hacks who will damage their country’s interests for ideological or political advantage. It is not that when fighting a brutal enemy who obeys no laws of war, things are done we’d rather not do in order to save lives. No, her “lesson” is that the enhanced interrogation techniques, “torture” in her view, are “not like us” or “part of the American DNA,” and that, quoting John McCain, such techniques damage “our reputation as a force for good in the world.” These assertions, however, are based on simplistic psychology and flawed reasoning.
First, with very few isolated exceptions, none of the interrogation techniques meets the U.S. Code’s legal definition of torture, which requires the intent to cause severe suffering “other than pain or suffering incidental to lawful sanctions,” in the words of the statute. Noonan may think the EITs are “what I believe must honestly be called torture.” But what Noonan, or I, or anyone else “believes” does not trump what the law actually says, and it is the law (Title 18, Part I, Chapter 113C, § 2340) that our officials must follow, not subjective perception or even international laws that conflict with our own. As I said before, if people disagree with the law, then there is a political process for changing it.
The begged question that the EITs are torture undermines by itself the rest of Noonan’s argument. But it suffers from other problems as well. She also makes the fuzzy but simplistic statement that it “won’t help us fight it [war against jihadism] to become less like ourselves and more like those we oppose.” This is a version of the progressives’ mantra since 9/11 that the “terrorists win” if we do certain things that the critics believe are immoral or contrary to our “values”––as if our crisis of national identity is more important than destroying the enemy, the only way we “win.”