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Did McCain Flip-Flop On Torture?

February 15, 2008 9:49 AM

This week, Sen. John McCain, R-Ariz., voted against an intelligence bill that stated:

"No individual in the custody or under the effective control of an element of the intelligence community or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations."

Andrew Sullivan, who has written admiringly of McCain's anti-torture position in the past, describes himself as "heartbroken."

"I simply cannot see any explanation for this except politics - that McCain feels the need to appease the Republican far right at this point in time,...McCain has indeed been a leader in preventing the military from torturing terror suspects, and in banning waterboarding. But by leaving this lacuna in the law, he gives this president the space he wants. As president himself, of course, McCain would surely instruct the CIA to uphold the American way of interrogation, and not to adopt techniques once used by the Gestapo and prosecuted by the US as war crimes. But we now know that there will be one difference between Obama and McCain in November. One will never tolerate torture; the other just did."

McCain insists that he remains opposed to torture and waterboarding, but that this bill would have applied military standards to the CIA, which he opposes. As McCain said on the Senate floor:

"It was not my intent to eliminate the CIA interrogation program, but rather to ensure that the techniques it employs are humane and do not include such extreme techniques as waterboarding. I said on the Senate floor during the debate over the Military Commissions Act, 'Let me state this flatly: it was never our purpose to prevent the CIA from detaining and interrogating terrorists. On the contrary, it is important to the war on terror that the CIA have the ability to do so. At the same time, the CIA’s interrogation program has to abide by the rules, including the standards of the Detainee Treatment Act.'"

McCain argued that when the Congress voted to apply the Army "Field Manual to the Department of Defense, it deliberately excluded the CIA. The Field Manual, a public document written for military use, is not always directly translatable to use by intelligence officers. In view of this, the legislation allowed the CIA to retain the capacity to employ alternative interrogation techniques. I’d emphasize that the DTA permits the CIA to use different techniques than the military employs, but that it is not intended to permit the CIA to use unduly coercive techniques

indeed, the same act prohibits the use of any cruel, inhumane, or degrading treatment."

"What we need is not to tie the CIA to the Army Field Manual, " McCain said, "but rather to have a good faith interpretation of the statutes that guide what is permissible in the CIA program."

Lots of supporters of the bill, of course, say that the CIA hasn't proven itself to be interpreting their statutes in "good faith" and thus need this law.

President Bush is going to veto it anyway, as White House spox Dana Perino said in a gaggle yesterday morning, because "it would repeal the entire enhanced interrogation program that this Congress passed on a bipartisan basis in October of 2006. It's the program that General Hayden has said has saved lives. This is not the President talking, this is the intelligence community...

"Do you trust the intelligence community more than you trust Democrats who are beholden to their left wing?"

What do you make of this all?

- jpt

February 15, 2008 | Permalink | Share | User Comments (27)

User Comments

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annezmom, you need to rethink this. Do you want our guys subjected to this stuff when they are captured. We need to set the example. We need to prove that we will abide by international laws if we expect others to do the same. These are the reasons McCain gave before he has started to cave in to the right-wing. Lets vote for a real leader. Obama 2008!

Posted by: pt | Feb 15, 2008 10:42:32 AM

John W. BUSH strikes again. It's almost like they're THROWING the election. It's an embarrassment to be a Republican with the party like this. I've called friends and they're switching parties to vote for Obama, for gods sake. The party is DEAD. Thnaks W., you've destroyed the party for at least the next eight years. The last Bush brought us eight years of a Clinton; I guess the next one will follow suit. The failures of the last eight years and at least the next four rest with this adminstration. I will personally hold them accountable for all of the hell that Hilliary will subject us to. McCain is just the sacrifical lamb to the slaughter. Like Bob Dole in '96.

Posted by: cba | Feb 15, 2008 10:42:16 AM

George W. McCain is a flip-flopper of the first order, having rolled over on the Bush tax cuts for the super wealthy, on immigration, and now on torture.

A vote for McCain is absolutely the same as a vote for George W. Bush.

The Democrats will beat George W. McCain like a drum.

Posted by: Tom P. | Feb 15, 2008 10:41:54 AM

I wonder, from where does Andrew Sullivan draw his expertise on the issue of the US Army Field Manual? All those years he served as a Delta Operator? As a Navy Seal?

Give me a break. Anyone with one shred of actual military experience would understand that McCain's answer, as you related above, reflects his opinion that as Commander in Chief - you take responsibility for every action conducted by the US Military. He opposes torture, and therefore would not allow it to occur on his watch.

Waterboarding, and other extreme interrogation techniques, must be personally approved by the Commander in Chief.

Furthermore, the question for the anti-torture folks really should be about the training. Our Special Forces operators, and some support units, undergo intensive training that includes waterboarding. Waterboarding is a hallmark of SERE training, (Survive, Escape, Resist, Evade) - which teaches our Special Ops men how to avoid or survive exploitation by the enemy, if they are captured.

Do all these anti-torture folks think this technique should be stripped from training?

Posted by: Media Lizzy | Feb 15, 2008 10:35:10 AM

I think McCain is finally edging on the right approach. Our military has been at a distinct disadvantage in fighting the war on terror as the enemy knows we are so limited on our rules of engagement. They attack, then hide in mosques. Our soldiers are attacked in convoys then left exposed on roads then the attackers hide in homes, safe from air power, because we avoid collateral damage. Inhumane is one thing, but the enemy does not deserve to know they will be coddled. A little fear saves lives. Prevents more terrorism. Yes, even on our country's shores. Think about this next time the U.S. is attacked. The CIA might find out a little bit more if they are able to instill a bit more concern in those they question. This does NOT make them the Gestapo.

Posted by: AnnEzMom | Feb 15, 2008 10:25:54 AM


This is a deeply troubling development. McCain's position on the torture issue has been admirable.

As of yesterday, the 5 candidates in the Race were all against TORTURE. The candidates that thought torture is cool or like a harmless practical joke have ALL been forced out of the race. Remember Willard and the Doubling of Gitmo. HUCK rightly called MITTens out on this. Now Willard's gone.

Maybe its just a coindence that the pro-torture candidates all got beat down.

Now, I don't gotta problem with taking out terrorists. But it just ain't conservative to support Torture. I'll give Johnny McC time to sort it out for now.

But I will say that this is just another reason to cast a Ballot for the HONORABLE HUCK.

Posted by: The Commander Guy | Feb 15, 2008 10:17:05 AM

I am beginning to lose all respect for McCain. He used to hold firm to his beliefs even if it meant going against his own party. Now he just seems to be pandering. This country really needs a fresh start. Obama 2008!

Posted by: pt | Feb 15, 2008 10:02:05 AM

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