Archives for posts with tag: torture


Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his [defense]. 

Article 11, Universal Declaration of Human Rights[1]

The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law….”

Coffin v. United States[2]

[Phil, I read your last blog on witch hunts and enjoyed it quite a bit. It was colorful and incisive as usual. I think what you said was that in the old days a witch hunt could be started by any person who denounced a neighbor by filing charges with a local court, with supporting evidence. If the evidence made the case, then the accused [witch] was in trouble. If the evidence wasn’t good enough, then the accuser might be in trouble unless he had acted simply to protect the Faith or for the common good. In that case he wouldn’t be penalized “even if he fail[ed] in his proof.”[3] Or, if there were rumors of witchcraft all over the place, but no one was willing to denounce individuals, a local tribunal might simply open an inquiry [an “inquisition”] on its own motion and start dragging people in to question them.

So that brings me to the next question. Presumably even 500 years ago people accused of a crime were thought innocent until proved guilty. So how did the witch hunters prove someone was a witch? How could they do that when, as we know today, it’s simply not possible to affect weather, crops or livestock with a curse, or make people sick with a dirty look, or have sex with a demon? [4]]

That last is another very good question from our leader, G. Sallust. Perhaps one day I’ll ask the questions and he’ll answer them. But not today; the answer to his question – how to prove witchcraft – lies deep in the Malleus Maleficarum[5], a book I’ve read and he hasn’t. Not that I’m glad to have read it. It gives me nightmares, sometimes. But apparently people study it in our Journalism schools and treat it as a good example, if not a paradigm of how to report on politics. So, too bad for us, the Hammer may be as relevant to current events as today’s newspaper. Do any of you read newspapers?

The ancient witch hunters needed three things to try a witch: (i) the accused’s reputation; it had to be bad; (ii) ‘indications’ of sorcerous deeds; and (iii) adverse witness statements.[6] That sounds clear enough, I suppose, but the devil was in the details, especially where sorcery was involved. Also witch hunters wouldn’t have brought someone to trial unless they thought she [or he] was guilty. Anyway, that’s what I’m told.

Reputation as Evidence

If the accused had a bad reputation, the witch hunters assumed it was because she [or he] had committed sorcery at some place and time. “[S]orceresses are immediately branded with a bad reputation because of crimes in some village or city.”[7] A bad reputation was, in fact, evidence of sorcery. Where there’s smoke there’s fire! Or was it, “probably a liar?” I forget.

Indications of the Deed

This was the easy part. The investigators looked for sick children, diseased farm animals, barren fields, and so forth.[8] Such events were plentiful [it was the 15th Century] and easy to verify. The trick was to connect them to the accused. For this investigators needed either a confession or statements from witnesses.


Three witnesses were required.[9] However, they didn’t have to be witnesses to the same event. One could have said, ‘she looked at my child, and he fell sick’’ another that ‘she looked at my farm animals, and they died, and the third that ‘she waved at my fields, and they became barren.’[10] It was enough that they all agreed about the ‘essence of the deed’ – i.e., that there was sorcery.

Of course that was their opinion, unsupported by today’s science. Illness and crop failures are common when people have poor sanitation, over cultivate their land, starve periodically, and basically don’t understand how disease works. But witnesses didn’t know such things in the 15th Century, and it didn’t matter. The only important thing, apparently, was that they believed sorcery was at work and said so. How did they know that? Don’t worry; they just knew it when they saw it.

Guilty or Innocent?

So there you have it. If the witch hunters did their job properly, there was no real need for a trial. All that had to be proved would have been proved.” A trial would only validate the accused’s guilt, preferably with a confession.[11] I’m not a lawyer, but frankly I don’t see a “presumption of innocence” working anywhere in this business.

Guilt was established by the investigation. If the witch confessed as well, she would be turned over to the civil authorities and burned. If she didn’t confess, it would be just for the civil authorities to imprison her until she was ‘worn down by the misery of prison’[12] and confessed. Then she could be executed. In either case, the whole thing would be ‘summary, straightforward, and informal,’ which the hunters thought was a good thing.[13]

And, by the way, it didn’t really matter if she denied all guilt. The witch hunters thought witches successfully resisted confessing only because the devil helped them. That’s why, once a witch was arrested, the authorities were told to: search her house for ‘devices of sorcery’; lock up her ‘maids and companions,’ because undoubtedly they knew secrets; and keep her out of the house, because otherwise she might pick up magical devices that would help her keep silent.[14] Nobody wanted her to find her magical confession-repeller, because that might complicate the investigation!

Witch Hunts Today

So let’s summarize for a bit. In the 15th Century if a woman didn’t get along with the neighbors, normal illnesses, etc. attacked some of the local children, farm animals or fields, and three people blamed the woman, that was enough to prove witchcraft. You know, I used to think that it would be wonderful to live in a small town, but I’m beginning to understand the drawbacks, especially if the locals are superstitious. But that’s not our current issue, is it? What G. Sallust asked was: “Do our peerless media behave exactly the same way when they report on politics?” I’m thinking the answer is “yes,” at least where President Trump is concerned.


Have the media relentlessly focused on his private life, and allegations about it? Yes. Do they talk and talk and talk about what they think of him, his business practices and how he may or may not treat others? Yes. Do they routinely portray him as unstable and not to be trusted? Yes. Do they routinely ignore his popularity in troublesome places like the Middle East, and his ability to turn out its leadership when he goes there? Oh, yes! So quite obviously his reputation is a prime target.

Does Mr. Trump have a lot of accusers? Oh yes, and many of them – seemingly the most authoritative – are anonymous. They pretty much act like 15th Century witnesses who are afraid of the person they denounce, and ask the inquisitor for protection; only in this case it’s the media that shields the witness, not some judge. So there are witnesses against Trump out there, timid ones, but quite likely more than three.

But the ancient witch hunters demanded some independent, physical evidence of witchcraft before they would prosecute. You know, the ‘indications’ of the deed – sick children, barren fields, bad weather, that kind of thing. Most of these events are now known to have natural explanations. So do we have a disaster right now; one bordering on the supernatural[15]; that these many secret witnesses might connect to Trump?

So far there doesn’t seem to be anything like that. The stock market is up; employment is rising; there aren’t any new wars or plagues; and ISIS, although still active and deadly, is in retreat. And that, I would say, is the fatal flaw.  The media are hunting witches when times are good, or at least improving.


So, not to put too fine a point on it, if we brought in auditors from the 15th Century to look at the campaign against Trump, most likely they wouldn’t like it. There’s an essential element missing in the proof: i.e., no current disaster of near supernatural proportions to fire up the populace. Also, there’s a fussy legality that might disturb the process. Today an accused person is presumed innocent until proved guilty.

And, as we discussed last time, there are other disturbing factors in play. These days lawyers are available to an accused, for example, and the courts aren’t permitted to torture him [or her]. Given all that no doubt the inquisitors of the 15th Century would withhold their seal of approval. What else could responsible and moral hunters do?

So for now to the media: Good try, and better luck next time!

[1] The text of Article 11 of the Universal Declaration of Human Rights is available as a pdf download directly from the United Nations, at Want to know more about the Universal Declaration? Check out the Wikipedia entry at

[2] See Coffin v. United States, 156 U.S. 432, 453 (1895), available from Justia at For you non-lawyers, the Justia version of a Supreme Court case is not “official,” and can’t be cited as such in a legal brief, etc. But it works just fine for a blog. Also the Court is talking about a presumption of innocence, not an absolute rule. “This presumption is in the nature of evidence in his favor [i.e. in favor of the accused], and a knowledge of it should be communicated to the jury. Accordingly, it is the duty of the judge in all jurisdictions, when requested, and in some when not requested, to explain it to the jury in his charge. The usual formula in which this doctrine is expressed is that every man is presumed to be innocent until his guilt is proved beyond a reasonable doubt. The accused is entitled, if he so requests it … to have this rule of law expounded to the jury in this or in some equivalent form of expression.” See p. 459, citing an article in Criminal Law Magazine from January, 1888.

[3] See Christopher S. Mackay (translator], The Hammer of Witches, A Complete Translation of the Malleus Maleficarum (Cambridge 2006, 2009) (hereafter cited as Hammer at p. __). See Hammer at p. 504. As noted last time, the book was written by two [apparently crazed] Dominican friars, Jacobus Sprenger and Henricus Institoris. See Hammer at Introduction, p.2 – 3.

[4] G. Sallust, by phone, June 22, 2017. Again, this was what was on my voicemail, sanitized a bit for language. You’ll have to take my word for it. I still don’t save voicemails.

[5] See n. 3.

[6] See Hammer, Part III at p. 202A, 202B (p. 521 of the text.)

[7] Id.

[8] See Hammer, Part III at p. 202A, 202B (p. 521 of the text.)

[9] See Hammer, Part III at p. 197A (p. 508 of the text.) The authors thought that two ought to be enough, but chose the larger number in the name of ‘legal fairness.’

[10] See generally See Hammer, Part III at p. 202B, 202C (p. 521, 522 of the text.)

[11] Once in jail, an accused might never get out. Some commentators argued that so long as the accused had an impaired reputation, there were indications of witchcraft, and three witnesses against her, she was ‘manifestly caught’ and should go to prison.  (See Hammer, Part III at p. 203A (p. 524 of the text)) The Malleus took a more liberal position. It let the judge decide to imprison or not to imprison based on the strength of the case and ‘on the basis of local procedure and upholding custom.’ But, and this is important, if released the accused witch had to produce sureties to guarantee that she would appear again in court if summoned.” (See Hammer, Part III at p. 203B (p. 524 of the text))

[12] See Hammer, Part III at p. 202C, 202D (p. 522. 523 of the text.)

[13] See Hammer, Part III at p. 202D, (p. 523 of the text.)

[14] See Hammer, Part III at p. 203C (p. 525 of the text.)

[15] Perhaps an economic disaster? Recessions always seem kind of supernatural to me.



I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director. Witch Hunt!

Trump Tweet, circa June 16, 2017[1]

The President claims he’s the victim of a witch hunt. We know something about those things, don’t we? At least that’s what you’ve said, from time to time. So dig back in your files, and find out what people actually did when they hunted witches. You don’t need to cover the whole process. I know it’s arduous and violent. Just tell me what’s needed to start one. And stay away from the dictionary! I don’t want to hear what some modern lexicographer thinks. I want to know what the old guys really did. We have a book about that, don’t we?

G. Sallust, by phone, June 16, 2017[2]

This is Phil, erstwhile blog philosopher and today’s lecturer. G. Sallust called me the other day, and said what I quote at the top of this piece. And he’s right. We do have a book. It’s from the 15th Century and is called the Malleus Maleficarum, or, in English, The Hammer of Witches.[3] [Actually it’s a modern and complete translation of the old Latin.] We spent a lot of time in 2011 reading and writing about it to see how the jurisprudence worked, and how ancient wisdom might be adapted to today. Not surprisingly, we found parallels between the ‘enhanced interrogation” used on suspected terrorists after 9/11 and the tactics of the witch hunters.

This was important, at least in my view, because the old witch hunters were really good at getting confessions. By one account many thousands of witches were burned in Europe, and around four thousand were hanged in England.[4] Why? Because they confessed to flying; striking livestock and fields barren with a curse; having sex with the devil; causing a man’s penis to disappear with magic; or other improbable things. The hunt didn’t seem to yield truth; only fabricated stories. So why did the accused ‘fess up’ to things that were, basically, impossible?

Why, indeed? I would say it was the torture that did it, coupled with the brainwashing, but that’s not our topic for today. G Sallust has asked a more preliminary question. What really was necessary to get that juggernaut of madness rolling? What legal process was involved? The answer: Not much.

You see, according to the old hunters there were three ways to start a witch hunt. One person could denounce another by filing a paper with some court specifying what the other had done, and offering to testify as to the specifics; or one could simply denounce another without offering to testify, apparently on the ground that everybody knew so-and-so was a witch; or the authorities could open a general investigation [an ‘inquisition’] of witchcraft in an area, because there were rumors of it all over the place. In that last situation it would be up to the authorities to bring the accusations.[5]

The witch-hunters really didn’t like option 1, by the way. The problem with laying charges is that the charging party has to justify them. There could be penalties if the facts didn’t hold up, and who knew what might happen once the lawyers got involved?[6] Instead they vastly preferred an approach where the accuser didn’t have to prove anything, or an independent party took on the burden of making the case. If a person denounced someone else to protect the Faith or the common good, the witch hunters thought he should not “become subject to penalty even if he fails in his proof.”[7] And, of course, if someone is tried by inquisition, then no individual is responsible for that. The judge [or whoever] instituted those proceedings “not at the insistence of some party, but by virtue of his office.”

Speaking of lawyers, in the 15th Century defendants in witchcraft trials didn’t get to choose their own advocates. The judge did that. And in doing it he was instructed to avoid “litigious, evil spirited persons” who might be “fussy about legal niceties.”[8] So the defendant got a limp lawyer to protect him [or her] from the torture chamber.

Does any of this sound familiar? Well, let’s see:

  • So far no one has sued Donald Trump for being “too close to” the Russians, or for firing the FBI Director, or for anything like that. At least I don’t know of any such litigation, civil or criminal. So, so far nobody has proved anything in court.
  • The 15th Century Witch Hunters would have approved. They felt that people who denounced others for the “public good” should be able to do so without repercussions. The witnesses especially needed to be protected from the accused. They were scary people, the accused – probably witches – and were dangerous to cross. So obviously if a witness didn’t want to be known, he [or she] wouldn’t be.
  • And how do today’s hunters protect accusers? Well, one way is by allowing them to anonymously leak information, or allegations really, to the media, with a pledge that their identity won’t be revealed. You may have noticed that there’s a lot of that going on, especially in the Washington Post and the New York Times.
  • And is there an inquisition out there? Well, if by that you mean an official inquiry prompted by rumor, innuendo and anonymous sources, there might be several. We have, of course, numerous Congressional committees looking into this or that, plus now a special counsel building a fiefdom over in the Department of Justice.

So in my opinion – and it’s only an opinion – President Trump is correct in part. What we have here is the start of a traditional witch hunt, an auspicious beginning that even the hunters of the 15th Century would have appreciated. We have rumor and innuendo, anonymous sources insulated by their anonymity, vague allegations that come and go, and now official inquiries [including one by a special counsel] that can go on until somebody or something breaks. For a witch hunter those are good things.

But it’s not perfect. This is America and a big part of the political class has taken on some wealthy people, so everybody has lawyers. The 15th Century witch hunters really didn’t like lawyers. Lawyers could be evil spirited and overly fussy about legal niceties. And that’s the way they are today for sure. Also law enforcement here is limited in the way it treats prisoners. Currently no torture is allowed.

So I guess we don’t have a full-blown witch hunt, yet; defendants are better protected than in the 15th Century, and nobody has confessed to improbable things; but it’s a good start, and the future is bright … for the media.

[1] This is currently reported by Twitter at .

[2] That’s what was on my voicemail, sanitized a bit for language. You’ll have to take my word for it. I don’t save voicemails.

[3] See Christopher S. Mackay (translator], The Hammer of Witches, A Complete Translation of the Malleus Maleficarum (Cambridge 2006, 2009) (hereafter cited as Hammer at p. __). The book was written by two [apparently crazed] Dominican friars, Jacobus Sprenger and Henricus Institoris. See Hammer at Introduction, p.2 – 3.

[4] See Sargant, Battle for the Mind (Doubleday, 1957) at p. 198 – 199.

[5] See Hammer at p. 502 – 503: “The three methods … consist of denunciation and inquisition. The first is when someone accuses someone else before a judge with a charge of heresy or abetting it, offers to prove this and writes himself down for the penalty of retribution if he does not prove it. The second method is when someone denounces someone else without offering to prove it or being  willing to participate, and instead states that he is making a denunciation through his zeal for the Faith or on account of [penalties imposed by religious or secular authorities] . The Third is the method by inquisition, that is, when there is no accuser or denouncer, but the general rumor in a certain city or place about there being sorceresses.  In that case, the judge has to institute proceedings not at the insistence of some party but by virtue of his office. “

[6] See Hammer at p. 503: “It should be noted that the judge really should not allow the first method of proceeding, because this method is not customary in a case involving the Faith … because it is quite dangerous for the accuser on account of the penalty of retribution that is imposed when he fails to make good the proof, and because it is quite subject to legal disputation.”

[7] Id. at p. 504.

[8] See Hammer at p. 530 – 531: “As for the first point, it is noted that an advocate is not assigned according to the pleasure of the denounced person, for instance because he was inclined to have one particular person. What judges should make every provision against is granting a litigious, evil-spirited person, who could easily be corrupted by money as such people often are found to be. Rather he should grant to the accused an upright person who is not suspected of being fussy about legal niceties.”


Terror just before death,
Shoulders torn, shot
From helicopters, the boy
Tortured with the telephone generator,
‘I felt sorry for him
And blew his head off with a shotgun.’

Robert Bly.[1]

[Let’s give credit where it’s due. We had no intention to do another blog on torture any time soon; the subject is disheartening and we’re sick of it. But there’s a new study out, by a think tank that bills itself as non-partisan, which basically summarizes much of what we know to date, and, mirabile visu, relies on documents in the public domain, not on the private or secret knowledge that so many pundits on the Right seem to have.

And what does it conclude? Why, that we really did torture people over the last ten years, and top officials in our Government were responsible for it.[2] Also, “[t]here is no firm or persuasive evidence that the widespread use of harsh interrogation techniques by U.S. forces produced significant information of value.”[3]

Larry’s done the heavy lifting on this subject for the last three years, so I asked him to come back for an encore and discuss the latest findings. Will anybody pay attention to this expose? We’ve had them before[4], but still lots of pundits seem to think that we did the right thing. Especially the ones on AM Talk Radio.]

“I can’t answer that question, G, but I can tell you about the new report. It’s called the Report of the Constitution Project’s Task Force on Detainee Treatment, and it’s available as a free download. [5] So don’t let anybody charge you for a copy. The Task Force was made up of former high-ranking government officials from both political parties. It was co-chaired by Asa Hutchinson, a prominent conservative and official of the Bush Administration, and James R. Jones, U.S. Ambassador to Mexico under President Clinton.[6] On paper, anyway, the team’s experience and bi-partisan credentials are well established.”[7]

“Fine, but we don’t have the time or space to discuss the whole report. After all, it’s over 550 pages. So let’s try to focus on two questions. Were our actions legal, and were they effective?”

“I can’t give a hard and fast answer to either question. I suppose there are two sides to almost every story, and that’s especially true when it comes to legal arguments. But it seems pretty clear that, in the early years following September 11, 2001, the Bush Administration decided to push the limits of acceptable conduct as much as possible. The Task Force found that the Administration did this with the support and sanction of elements within the Justice Department.[8]

However, it’s also clear that many lawyers in the Government, especially in DOD, did not agree[9] and, after a series of stunning disclosures in Guantanamo and Abu Ghraib, the Army revised its guidance in 2006 to prohibit many of the practices DOJ apparently had sanctioned.[10] The revised Army Manual became the standard that all DOD components followed.[11]

“So the problem was solved, right? New standards came into being, and everybody followed them. Right?”

“Not exactly. While DOD was officially out of the torture game as of 2006, it didn’t control all the US actors in the Middle East. The CIA, for one, was an early adopter of harsh interrogation. In 2001 it retained two retired Air Force psychologists to develop basic techniques for inducing a form of “learned helplessness” in prisoners, so that they would become more amenable to disclosing secrets, etc.[12] The Task Force found that the CIA used, and continued to use similar  techniques on prisoners for years thereafter.[13]

Generally CIA prisoners were interrogated in “Black Sites” maintained in other countries, usually with the cooperation of local intelligence services. Over time the CIA established “Black Sites” in Afghanistan, Iraq, Thailand, Poland, Romania, Lithuania, Morocco, Kosovo, Djibouti and Somalia.[14] Presumably all of this activity stopped after President Obama issued Executive Order 13491, Ensuring Lawful Interrogations. [15] That one ordered all agencies that had prisoners in the War on Terror to follow the Army rules when interrogating them, and specifically directed the CIA to close down its facilities.”

“That’s interesting, Larry, but what about my second question?  Granted there were legal problems with what the Bush people did, but were their actions effective? Did they make us any safer?”

“I doubt it. Remember, we were an occupying power in Iraq, and are so even today in Afghanistan. It’s very odd for an occupier to torture the locals, and expect to be loved for it. Indeed, one might think the opposite would be the case.[16] The Army seemed to recognize this in 2006, when it said that the ‘[u]se of torture can … have many possible negative consequences at national and international levels.’ [17]

The Task force certainly agrees. There were operational consequences at the working level. Some of our allies wouldn’t transfer prisoners to us, because they thought we would torture them. At the political level, some people we previously detained are now rising as leaders in their own countries; it’s an open question whether we have, in fact, won their hearts and minds. And, of course, even today there are widespread efforts in foreign countries to detain and prosecute Americans, including former leaders of the Bush Administration, for war crimes involving the treatment of prisoners.[18] So, our past experiments with torture have consequences that ripple on and on into our future.”

“Larry, I understand all of that. I also read Chapter 8 of the report. But is torture effective in pulling information out of prisoners? Does that make all of the negative consequences worthwhile?”

“I doubt it. The Army certainly doesn’t think so. It says: ‘Use of torture is not only illegal but also it is a poor technique that yields unreliable results, may damage subsequent collection efforts, and can induce the source to say what he thinks the HUMINT [i.e., human intelligence] collector wants to hear.”[19] And, as you pointed out at the beginning of this piece, the Task Force agreed. It found ‘[t]here is no firm or persuasive evidence that the widespread use of harsh interrogation techniques by U.S. forces produced significant information of value.’ Instead, much of it was useless.[20]

“Larry, that about wraps it up, I think. Thanks for your help. Do you have any parting comments?”

“Well, back in the last decade most people I know thought that it was a bad idea to torture people for information. It’s too bad that loudmouths in the media, and renegades, crazies and functionaries in the Bush Administration went the other way and made a national program out of it. Perhaps someday, someone will write a poem about that.


[1] You can find this in the Oxford Dictionary of Quotations (ODQ) (6th Edition, 2004) at Robert Bly, p. 124, n. 11. Bly is a contemporary poet. The lines are from Driving Through Minnesota During the Hanoi Bombings (1968). Bly has a website at  There’s also a good short biography of him on Wikipedia. To find it go to the Wikipedia website and search Robert Bly, or simply click here:

[2] See Huff Post Politics, Johnson, U.S. Tortured Detainees And Top Officials Are Responsible: Report (04/16/2013) at If you don’t believe that, see Los Angeles Times, no author, Study alleges ‘indisputable’ use of torture under Bush (April 16, 2013) at,0,2127161.story?track=rss

[3] This is the Report of the Constitution Project’s Task Force on Detainee Treatment, available at Henceforth, we’ll cite the Report as Detainee Treatment at __. See Detainee Treatment at Finding #3, p. 10. Finding #3 also says “There is substantial evidence that much of the information adduced from the use of such techniques was not useful or reliable.”

[4] See, e.g., New York Times – International, Schmitt & Marshall, In Secret Unit’s ‘Black Room,’ a Grim Portrait of U.S. Abuse (March 19, 2006) at Endnotes to the Report list many other sources.

[5] See note 3.

[6] See Detainee Treatment at p. III – IV.

[7] See Detainee Treatment at p. I: “The Constitution Project’s blue-ribbon Task Force on Detainee Treatment follows this successful model. It is made up of former high-ranking officials with distinguished careers in the judiciary, Congress, the diplomatic service, law enforcement, the military, and other parts of the executive branch, as well as recognized experts in law, medicine and ethics. The group includes conservatives and liberals, Republicans and Democrats.”

[8] See Detainee Treatment at Finding #6, p. 14: “Lawyers in the Justice Department’s Office of Legal Counsel … repeatedly gave erroneous legal sanction to certain activities that amounted to torture and cruel, inhuman or degrading treatment in violation of U.S. and international law, and in doing so, did not properly serve their clients: the president and the American people.”

[9] See Detainee Treatment at Chapter 1, Detention at Guantanamo, The Battle within the Pentagon Over Interrogation Techniques, p. 41 – 46.

[10] For a short discussion of the Army’s interrogation manual, see the blog of 03/28/2013, Who’s in Combat? at

[11] See AFM 2-22.3, Human Intelligence Collector Operations (September 6, 2006), at par. 5-74. See also AFM2-22.3 at p. vi: “This manual applies to the Active Army, the Army National Guard/Army National Guard of the United States, and the United States Army Reserve unless otherwise stated. This manual also applies to DOD civilian employees and contractors with responsibility to engage in HUMINT collection activities. It is also intended for commanders and staffs of joint and combined commands, and Service Component Commands (SCC). Although this is Army doctrine, adaptations will have to be made by other Military Departments, based on each of their organizations and specific doctrine.” The full text is available at

[12] See the discussion in Detainee Treatment at Chapter 6, Doctors and Psychologists’ Role in Treatment of Prisoners in CIA Custody, p. 205-206.

[13] They were “refined” in 2003, for example, by the CIA Director, George Tenet. See Detainee Treatment at Chapter 6, Refinement to the CIA Program by the Office of Medical Services, p. 213 – 215.

[14] See the discussion in Detainee Treatment at Chapter 5, Rendition and the “Black Sites, at p. 163-202.

[15] See 74 Fed. Reg. 4893-4896 (January 27, 2009). For more information, see the blog of 09/29/2011, On Closing Guantanamo. You can find it on the old Elemental Zoo website, at

[16] Others have pointed out that widespread torture of the enemy can be counterproductive. See Stiglitz & Bilmes, The Three Trillion Dollar War (Norton, 2008), at p. 181: “If they [i.e., al Qaida] punish only those who are complicit with the occupation, and we punish many who are not complicit with the insurgency, individuals have an incentive to join the insurgency. What matters is the relationship between our punishment and their punishment, and most important, the accuracy with which punishments are levied.”

[17] See AFM 2-22.3, Human Intelligence Collector Operations (September 6, 2006), at par. 5-74. See also AFM2-22.3 at p. viii.

[18] See the discussion in Detainee Treatment at Chapter 8, Effects and Consequences of U.S. Policies, p. 267 – 294.

[19] See AFM 2-22.3, Human Intelligence Collector Operations (September 6, 2006), at par. 5-74.

[20] See Detainee Treatment at Finding #3, p. 10.