Use of Torture as an Interrogation Tool. Case Study: 1.2.6. Rumsfeld v. Forum for Academic and Institutional Rights. SCT: “The Solomon amendment neither limits what law schools may say nor requires them to say anything.”
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Case Study: 1.2.6
(Roberts wrote majority opinion)
Judicial Review of decisions;
Congressional action to restrict;
Elect someone else;
Change in party representation;
Criminal actions where violation of law;
Remedial vs. preventive;
Burden on victims or special interests to challenge;
Public opinion makes it clear lack of tolerance; and
Protracted legal process for legal remedies gives Gov. time to achieve goal; i.e., detention, intelligence, & war.Remedies for Abuse of Executive Authority
Approach in evaluating a case study or problem:
Maj. Gen Mowhoush of Iraq Rep. Guard went to seek son’s release; was detained, tortured in front of prisoners to get info re insurgency.
-Stress Positions; Beat with fists, clubs, rubber hoses.
-Wrapped in a sleeping bag, wrapped in wire, and sat on until he died from asphyxia.
-Government initially lied and said he had died of natural causes.
Commander was aware of technique; thought it was approved, and acquiesced to its use.
Chief Warrant Officer Welshofer convicted and tried for murder; convicted of involuntary manslaughter and dereliction of duty.
Forfeited $6,000 salary; restricted to barracks for 60 days. No jail time.
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“Torture Convention”)
--In effect at the time of execution between countries without legislation
legislation to implement
e.g. Geneva Convention; Torture Convention via 18 USC 2340A.Debate re Treaties
ASSIGNMENT: Draft a policy for the Joint Chiefs of Staff from the President that includes the following:
Army Field Manual Source of uniform standards for the interrogation of prisoners.
Intelligence officer accused of violating interrogation rules may use as a defense that a reasonable person could have concluded they were following a lawful order.
SEC. 1075. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.
“consistent with the constitutional authority of the President."
Focus on position and win-lose at all costs.
Often Inflexible: defend or attack it.
Tradeoff between Relationship and substance people conflict.
Look back for the cause.
Focus on issues and merits, win-win and fair to all sides.
Be flexible and open-minded.
Process guides substance.
Separate perceptions & emotions.
Learn to listen, not react.
Look forward for the purpose.Getting to Yes