As a retired general and strategic intelligence officer, I am deeply concerned about the White House's commitment to upholding Senator John McCain's ban on torture. And because you helped fight for this important amendment, I wanted to let you know how it has been threatened.
The day Congress passed Senator McCain's anti-torture amendment - December 22 - was a momentous one. Congress reaffirmed that it is illegal for U.S. personnel - whether it's the military, the CIA, or anyone else - to engage in cruel, inhuman, or degrading treatment of detainees. Your hard work and the work of Human Rights First was key to making this happen.
However, in a disturbing statement issued by the White House when the bill was signed, the President essentially claimed the right to bypass the law and authorize illegal interrogation tactics - torture - when he sees fit. The statement asserts that "[t]he executive branch shall construe [the law] in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief."
This is code language. It means the President can override laws passed by Congress if he thinks they impede his power as Commander in Chief. It is exactly the same argument that was used in the infamous "torture memo" from the Justice Department. That's what led to the abuse of detainees in the first place.
This "signing statement" by the President undermines the law that Congress overwhelmingly supported. There should be no exceptions to this law. If Sen. McCain's torture ban is not fully enforced in practice, we will not be able to prevent further abuses or repair our reputation abroad.
Today, I joined 20 other retired generals and admirals in a letter to the President, urging him to forcefully implement this new law. I've pasted a copy below. You can read Human Rights First's own letter to the President by clicking here:
http://www.humanrightsfirst.info/pdf/06112...letter-bush.pdf
I taught prisoner interrogation and military law for the Army Intelligence School for 18 years. I can tell you that prior to the war in Iraq, torture has never been allowed by the Army, and as an interrogation tool it is never the answer. There is no evidence that it produces reliable information. It only serves to undermine our nation's values and our national security.
The U.S. has paid a heavy price for its misdirected torture policies - we cannot allow our government to make excuses and make a mockery of Sen. McCain's ban on torture.
Thank you for joining me in support of Human Rights First's efforts to end all torture and abuse in America’s name.
Sincerely,
Brigadier General David R. Irvine (USA, Ret.)
January 12, 2006
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear President Bush:
We write to thank you for publicly endorsing Senator McCain's amendment on the treatment of detainees in U.S. custody, and for signing it into law. The new law, implemented and enforced in accordance with Congressional intent, will ensure that the United States has a single standard for interrogating enemy prisoners that is effective, lawful, and humane. The primary reason we strongly supported Senator McCain's effort is that we believe this law, if effectively and forcefully implemented, will help protect our troops in Iraq and elsewhere, now and in the future.
Past abuses have damaged military discipline, put American military personnel at greater risk, undermined U.S. intelligence gathering efforts, and greatly harmed America's image around the world. It is incumbent on you as President and Commander-in-Chief to ensure that all senior members of your administration speak with a consistent voice to make clear that the United States now has a single standard of conduct specified in law that governs all interrogations, regardless of the legal status or the location of the detainee being interrogated. Accountability and deterrence have never been more important to end all torture and abuse in America's name, and thereby restore America' reputation in the world. This long overdue corrective action will require strong leadership from you and others in positions of authority.
Mr. President, we welcome your attention to this issue and stand ready to assist in any way we can to ensure the effective implementation of this new law. Clear and unambiguous implementation will help ensure that our brave men and women in uniform will never again feel that to prevail against the enemy they must risk their honor or the values they fight to protect.
Sincerely,
GENERAL JOSEPH HOAR, USMC (RET.)
LIEUTENANT GENERAL ROBERT G. GARD, JR., USA (RET.)
LIEUTENANT GENERAL CLAUDIA J. KENNEDY, USA (RET.)
VICE ADMIRAL AL KONETZNI, USN (RET.)
LIEUTENANT GENERAL CHARLES OTSTOTT, USA (RET.)
VICE ADMIRAL JACK SHANAHAN, USN (RET.)
MAJOR GENERAL EUGENE FOX, USA (RET.)
MAJOR GENERAL JOHN L. FUGH, USA (RET.)
REAR ADMIRAL DONALD J. GUTER, USN (RET.)
MAJOR GENERAL FRED E. HAYNES, USMC (RET.)
REAR ADMIRAL JOHN D. HUTSON, USN (RET.)
MAJOR GENERAL MELVYN MONTANO, ANG (RET.)
MAJOR GENERAL GERALD T. SAJER, USA (RET.)
MAJOR GENERAL MICHAEL J. SCOTTI, USA (RET.)
BRIGADIER GENERAL DAVID M. BRAHMS, USMC (RET.)
BRIGADIER GENERAL JAMES CULLEN, USA (RET.)
BRIGADIER GENERAL EVELYN P. FOOTE, USA (RET.)
BRIGADIER GENERAL DAVID R. IRVINE, USA (RET.)
BRIGADIER GENERAL RICHARD O’MEARA, USA (RET.)
BRIGADIER GENERAL JOHN K. SCHMITT, USA (RET.)
BRIGADIER GENERAL STEPHEN N. XENAKIS, USA (RET.)