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	<title>Comments on: Apples and Oranges</title>
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	<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/</link>
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		<title>By: bmobley</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66213</link>
		<dc:creator>bmobley</dc:creator>
		<pubDate>Thu, 24 Apr 2008 17:27:44 +0000</pubDate>
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		<description>&lt;p&gt;Well, the thing about “apples and oranges” is: they’re both fruit.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Well, the thing about “apples and oranges” is: they’re both fruit.</p>
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		<title>By: george7</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66175</link>
		<dc:creator>george7</dc:creator>
		<pubDate>Thu, 24 Apr 2008 13:33:49 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66175</guid>
		<description>&lt;p&gt;I take it the commentators in this thread realize that the difference between “forcing” and “pouring” is spurious.  For an extensive, authoritative discussion of the  “water torture” in all its varieties, see Darius Rejali Torture and Democracy (Princeton, 2007).  A roughly two-inch entry on this matter appears in the Index.  It would be nice if Aschcroft would read it, especially the long sections referenced on “the CIA and” and “the Nazis and.”&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I take it the commentators in this thread realize that the difference between “forcing” and “pouring” is spurious.  For an extensive, authoritative discussion of the  “water torture” in all its varieties, see Darius Rejali Torture and Democracy (Princeton, 2007).  A roughly two-inch entry on this matter appears in the Index.  It would be nice if Aschcroft would read it, especially the long sections referenced on “the CIA and” and “the Nazis and.”</p>
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		<title>By: rkilowatt</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66167</link>
		<dc:creator>rkilowatt</dc:creator>
		<pubDate>Thu, 24 Apr 2008 04:00:46 +0000</pubDate>
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		<description>&lt;p&gt;Forced v pouring? AFAIK, all “waterboarding” methods are forced. &lt;/p&gt;
&lt;p&gt;In the Philippines when US interferred in Philippines’ rebellion to evict Spanish colonialists, US poured water thru a funnel into throat of the forcibly restrained victim.&lt;br /&gt;
In the recent “waterboarding” as allegedly explained, water poured onto cloth was maintained as air-barrier on forcibly restrained victim’s breathing orifices…until unstoppable urge to breathe brought the water into lungs, etc.&lt;/p&gt;
&lt;p&gt;Note that latter method follows recent torture tutorial of having victim self-administer the effect, as promulagated by military/spook “consultants”. […gambling in “clever strokes” which constitutes the very essence of theft, swindling and all sorts of similar anti-social deeds.” PKropotkin’s Memoirs, ca 1899″&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Forced v pouring? AFAIK, all “waterboarding” methods are forced. </p>
<p>In the Philippines when US interferred in Philippines’ rebellion to evict Spanish colonialists, US poured water thru a funnel into throat of the forcibly restrained victim.<br />
In the recent “waterboarding” as allegedly explained, water poured onto cloth was maintained as air-barrier on forcibly restrained victim’s breathing orifices…until unstoppable urge to breathe brought the water into lungs, etc.</p>
<p>Note that latter method follows recent torture tutorial of having victim self-administer the effect, as promulagated by military/spook “consultants”. […gambling in “clever strokes” which constitutes the very essence of theft, swindling and all sorts of similar anti-social deeds.” PKropotkin’s Memoirs, ca 1899″</p>
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		<title>By: Hmmm</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66150</link>
		<dc:creator>Hmmm</dc:creator>
		<pubDate>Thu, 24 Apr 2008 00:45:00 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66150</guid>
		<description>&lt;p&gt;See section II (5):&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;That the United States understands that this Convention shall be implemented by the United States Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered by the Convention and otherwise by the state and local governments.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Huh.  Not Executive.  Is this a root of some of the Article II UE claims?  That the Executive is not bound to implement the Convention?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>See section II (5):</p>
<blockquote><p>That the United States understands that this Convention shall be implemented by the United States Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered by the Convention and otherwise by the state and local governments.</p>
</blockquote>
<p>Huh.  Not Executive.  Is this a root of some of the Article II UE claims?  That the Executive is not bound to implement the Convention?</p>
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		<title>By: McKinless</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66090</link>
		<dc:creator>McKinless</dc:creator>
		<pubDate>Wed, 23 Apr 2008 21:48:55 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-66090</guid>
		<description>&lt;p&gt;Forced vs. poured not apples and oranges. More like Jonathans vs. Granny Smiths. Either way, Big John didn’t like them apples.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Forced vs. poured not apples and oranges. More like Jonathans vs. Granny Smiths. Either way, Big John didn’t like them apples.</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65974</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 23 Apr 2008 19:06:53 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65974</guid>
		<description>&lt;p&gt;37 - my take on that has been from the start that for the wiretapping issue there was the possiblity of direct liability and that liability would come from an entity - unlike DOJ - that was less criminal and more independent.  FISC from the beginning established firewalls and presumably issued orders in connection with those firewalls.  Teh Program was then actually run with complete disrespect and disregard for those rulings.  FISC has already - under Lambert - demonstrated that it would permanently kick out someone, like a Fran Townsend perhaps,  that fibbed to it and violated rules.  &lt;/p&gt;
&lt;p&gt;We now know that Larry Thompson would not sign FISC applications because of the way Teh Program was being operated and because he was worried about liability - that would have had to be liability imposed by the court, since the FISA applicatons were going there and were not, of themselves, a part of the illegal surveillance program - - but were subject to the court rulings.  &lt;/p&gt;
&lt;p&gt;As with your question about Ashcroft, keep in mind that Thompson merrily signed off on parts of the Arar rendition to torture paperwork without breaking a sweat.  But the story that was printed indicates that it was his understanding of possible personal consequences that caused him to refuse to sign FISA applications.&lt;/p&gt;
&lt;p&gt;40/9 - While I understand your points on the way matters should be pursued, the fact that some kinds of waterboarding/water torture result in a lot of water in the stomache as well as the experience of being drowned, while others are more about the drowning and less about the vomiting of water from the distended stomache, isn’t huge distinction.  It’s kind of like saying the lynchings in this country were “different” than the hanging of Hussein in Iraq, bc here the heads were not severed, ergo,  lynching isn’t a hanging.  &lt;/p&gt;
&lt;p&gt;Scott Horton hit some high points in this piece:  &lt;a href=&quot;http://harpers.org/archive/2008/02/hbc-90002418&quot; rel=&quot;nofollow&quot;&gt;The Valentine’s Day Torture Trifecta&lt;/a&gt; and IIRC TPM had a piece up contemporaneous to the Bradbury testimony (something like - we don’t waterboard like the Spanish Inquisition, more like the Khmer Rouge).  From Horton’s op piece:&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Our use of waterboarding is humane compared to the Spanish Inquisition, he[Bradbury] says. And then he demonstrates the key distinction: the Japanese or Spanish would fill the stomach with water and then stand on the body. For the American version, we fill the lungs with water and don’t do any standing. … Isn’t that a great relief? It’s a kinder, gentler form of waterboarding. A waterboarding of which all Americans can be proud. A waterboarding that reflects America’s core values of respect for human dignity.
&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>37 &#8211; my take on that has been from the start that for the wiretapping issue there was the possiblity of direct liability and that liability would come from an entity &#8211; unlike DOJ &#8211; that was less criminal and more independent.  FISC from the beginning established firewalls and presumably issued orders in connection with those firewalls.  Teh Program was then actually run with complete disrespect and disregard for those rulings.  FISC has already &#8211; under Lambert &#8211; demonstrated that it would permanently kick out someone, like a Fran Townsend perhaps,  that fibbed to it and violated rules.  </p>
<p>We now know that Larry Thompson would not sign FISC applications because of the way Teh Program was being operated and because he was worried about liability &#8211; that would have had to be liability imposed by the court, since the FISA applicatons were going there and were not, of themselves, a part of the illegal surveillance program &#8211; - but were subject to the court rulings.  </p>
<p>As with your question about Ashcroft, keep in mind that Thompson merrily signed off on parts of the Arar rendition to torture paperwork without breaking a sweat.  But the story that was printed indicates that it was his understanding of possible personal consequences that caused him to refuse to sign FISA applications.</p>
<p>40/9 &#8211; While I understand your points on the way matters should be pursued, the fact that some kinds of waterboarding/water torture result in a lot of water in the stomache as well as the experience of being drowned, while others are more about the drowning and less about the vomiting of water from the distended stomache, isn’t huge distinction.  It’s kind of like saying the lynchings in this country were “different” than the hanging of Hussein in Iraq, bc here the heads were not severed, ergo,  lynching isn’t a hanging.  </p>
<p>Scott Horton hit some high points in this piece:  <a href="http://harpers.org/archive/2008/02/hbc-90002418" rel="nofollow">The Valentine’s Day Torture Trifecta</a> and IIRC TPM had a piece up contemporaneous to the Bradbury testimony (something like &#8211; we don’t waterboard like the Spanish Inquisition, more like the Khmer Rouge).  From Horton’s op piece:</p>
<blockquote><p>Our use of waterboarding is humane compared to the Spanish Inquisition, he[Bradbury] says. And then he demonstrates the key distinction: the Japanese or Spanish would fill the stomach with water and then stand on the body. For the American version, we fill the lungs with water and don’t do any standing. … Isn’t that a great relief? It’s a kinder, gentler form of waterboarding. A waterboarding of which all Americans can be proud. A waterboarding that reflects America’s core values of respect for human dignity.
</p>
</blockquote>
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		<title>By: klynn</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65973</link>
		<dc:creator>klynn</dc:creator>
		<pubDate>Wed, 23 Apr 2008 19:02:13 +0000</pubDate>
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		<description>&lt;p&gt;Key word: Senate.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Key word: Senate.</p>
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		<title>By: whitewidow</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65925</link>
		<dc:creator>whitewidow</dc:creator>
		<pubDate>Wed, 23 Apr 2008 17:20:01 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65925</guid>
		<description>&lt;p&gt;new ad(?) PSA(?) from Amnesty International which is apparently being shown in Europe, about waterboarding.&lt;/p&gt;
&lt;p&gt;It’s well  done and disturbing, though not gratuitously so. I think it would be good of a lot of Americans saw this.&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.dailykos.com/story/2008/4/23/102139/112&quot; rel=&quot;nofollow&quot;&gt;http://www.dailykos.com/story/2008/4/23/102139/112&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>new ad(?) PSA(?) from Amnesty International which is apparently being shown in Europe, about waterboarding.</p>
<p>It’s well  done and disturbing, though not gratuitously so. I think it would be good of a lot of Americans saw this.</p>
<p><a href="http://www.dailykos.com/story/2008/4/23/102139/112" rel="nofollow">http://www.dailykos.com/story/2008/4/23/102139/112</a></p>
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		<title>By: maryo2</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65914</link>
		<dc:creator>maryo2</dc:creator>
		<pubDate>Wed, 23 Apr 2008 17:01:05 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65914</guid>
		<description>&lt;p&gt;Senate Reservations to UN Convention against Torture&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www1.umn.edu/humanrts/usdocs/tortres.html&quot; rel=&quot;nofollow&quot;&gt;http://www1.umn.edu/humanrts/usdocs/tortres.html&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Senate Reservations to UN Convention against Torture</p>
<p><a href="http://www1.umn.edu/humanrts/usdocs/tortres.html" rel="nofollow">http://www1.umn.edu/humanrts/usdocs/tortres.html</a></p>
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		<title>By: danps</title>
		<link>http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65885</link>
		<dc:creator>danps</dc:creator>
		<pubDate>Wed, 23 Apr 2008 15:40:16 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/04/23/apples-and-oranges/#comment-65885</guid>
		<description>&lt;p&gt;Fantastic post Marcy - thanks for finding it and passing it along.  We need to keep bringing up torture, and you’ve kept at it.  Good on you and keep it up.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Fantastic post Marcy &#8211; thanks for finding it and passing it along.  We need to keep bringing up torture, and you’ve kept at it.  Good on you and keep it up.</p>
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