Psyche, Science, and Society

Steven Miles on The Decider’s CIA “enhanced techniques”

July 22nd, 2007

Bioethicist Steven Miles has obtained and sent me The Decider’s personally-annotated copy of selected portions of last Friday’s Executive Order reauthorizing the CIA’s abuse regime:

Annotated Sections of President Bush-Cheney’s Ultra New Executive Order on CIA Interrogation

Steven Miles, MD. Author of Oath Betrayed: Torture, Medical Complicity, and the War on Terror.
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Bush’s Executive [I'm the decider] Order Friday, July 20, 2007; 3:59 PM

INTERPRETATION OF THE GENEVA CONVENTIONS COMMON ARTICLE 3 AS APPLIED TO A PROGRAM OF DETENTION AND INTERROGATION OPERATED BY THE CENTRAL INTELLIGENCE AGENCY

[Note: The Geneva Conventions state: "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind." but that is Article 17 so forget it.]

The Military Commissions Act defines certain prohibitions of Common Article 3 for United States law, and it reaffirms and reinforces the authority of the President to interpret the meaning and application of the Geneva Conventions. [

[Note: Article X of the Geneva Conventions can kiss off, "No derogation from the preceding provisions shall be made by special agreements"]

[Note: Article VII: says "Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be." however the Military Commissions Act says:

"(a) IN GENERAL.—No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories. ... <

3) INTERPRETATION BY THE PRESIDENT.— (A) As provided by the Constitution and by this section, the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions. (B) The President shall issue interpretations described by subparagraph (A) by Executive Order published in the Federal Register. (C) Any Executive Order published under this paragraph shall be authoritative (except as to grave breaches of common Article 3) as a matter of United States law, in the same manner as other administrative regulations. ---so like I said, I AM THE DECIDER.]

(c) “Cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States.

[Note: "Amendment V: No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;" ugh except evildoers, as defined by me or my staff, witnessing against self is OK in off-shore facilities and coerced testimony obtained without a lawyer present does not mean compelled--I am the decider.]

[Note: "Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." No bail at all is not excessive, so sayeth DECIDER."]

[Note: Amendment XIV: The XIV amendment deals powers of states and the rights of citizens--it is really irrelevant to this whole deal but Dick said that 3 amendments looked more American than two, THE DECIDER."

I hereby determine that Common Article 3 shall apply to a program of detention and interrogation operated by the Central Intelligence Agency as set forth in this section.

[Note: Noting that the other hundred or so articles in the four Geneva Conventions do not apply, it is specifically OK for the CIA to continue its program of extraordinary renditions because this is only addressed in article 49 of the 4th conventions, "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive." Kidnapping and being dropped in Uzbekistan is not in and of itself cruel, nor is it all that unusual, lots of people go to Uzbekistan. The CIA is not responsible for protecting such tourists. --TD. ]

GEORGE W. BUSH

THE WHITE HOUSE,

July 20, 2007.

Entry Filed under: Bush administration, Humor, International Law, Interrogation, Law, Rights and Liberties, Torture, War Crimes