The Santorum-McCain Enhanced Interrogation Controversy

     Former United States Senator Rick Santorum of Pennsylvania has been criticized for saying that Senator John McCain of Arizona does not understand enhanced interrogation. The liberal media and other commentators have pointed out that Sen. McCain was tortured as a prisoner of war during the Vietnamese War and have called Santorum “stupid,” as if he did not know what he was talking about. As usual, the liberal media and other commentators have exposed their own ignorance by making such statements.

     Sen. McCain and the other heroic American Prisoners of War (POWs) were tortured by the Communist Vietnamese not primarily for interrogation, but in order to force them to make anti-U.S. statements for propaganda purposes. Moreover, the Americans were subjected to starvation, the infliction of severe pain, the denial of medical care and other human rights abuses, even though they are covered under the Geneva Convention, which bans torture and limits interrogation only to name, rank and serial number.

     In fact, the U.S. has yet to fight any enemy that has followed the Geneva Convention, even though every state with which it has engaged in war has been a signatory of it since its creation. POWs often have been tortured usually as a form of extrajudicial punishment or for propaganda. When they have been tortured for intelligence-gathering, it is only because the enemy wishes to gain a military advantage, not because it needs to save the lives of innocent civilians, as the U.S. does not target innocent civilians.

     By contrast, the terrorists were subjected to enhanced interrogation in order to save the lives of innocent civilians. The terrorists were not subjected to starvation, the infliction of severe pain, the denial of medical care and other human rights abuses. The terrorists are even allowed to practice their religion, unlike the American POWs. Regardless, even if we were to grant that enhanced interrogation is torture, the terrorists are war criminals because they target innocent civilians and are thus not covered by the Geneva Convention which protects only regular soldiers. Indeed, terrorists may be summarily executed under international law, meaning they can be shot immediately upon capture without trial. Thus, there is no moral or legal equivalence between terrorist detainees and American POWs. The suggestion that there is such equivalence is morally repugnant.

     Sen. McCain’s commitment to opposing torture is admirable, but Santorum’s comments suggest that perhaps his former colleague’s personal emotional reaction against any harsh treatment of detainees clouds his judgment on the nuances of enhanced interrogation of terrorist detainees. Reasonable people can differ reasonably, but the point is that Santorum comments were reasonable, even if not well put. Liberal critics of the enhanced interrogation practices of the Administration of President George W. Bush have long been citing McCain’s opposition to those practices uncritically. The current controversy over Santorum’s remarks has yet to spark the least bit of critical thinking on their part.

     Heretofore, I have posted that it was the Bush Administration’s policy of interrogating terrorists led to the intelligence that resulted in the raid that killed Osama bin Laden. My point was that interrogating them at all, whether harshly or not, was the key change in policy that produced the first intelligence lead that was built upon over the years that led to the raid. Interrogating terrorist detainees was in contrast to the policy of treating them like common criminals (e.g. reading them their right to remain silent), which was the policy of Bush’s predecessor, Bill Clinton and is the current policy of his successor, Barak Obama. Critics of enhanced interrogation admit that Bush’s interrogations policy led to the critical intelligence, but insist that the particular practice of enhanced interrogation did not produce the specific leads. Santorum and others have asserted that the practice did, in fact, break Khalid Sheik Muhammad, the mastermind of the September 11 Attacks, who later became cooperative after having been waterboarded.

     I had avoided the debate about whether enhanced interrogation should be credited for the raid, even as the evidence has mounted that it should, as it was not a necessary point to make in order to give proper credit to Bush’s policies. Also, I wanted to avoid any suggestion that ends justify means, although ends certainly do mitigate any moral fault. Regardless, the Santorum controversy provided me the opportunity to respond to the liberal and libertarian critics of harsh interrogation who have been making false moral equivalence arguments between the torture of American POWs and the harsh interrogations of terrorist detainees.