That brings us back to Gina Haspel. I have no doubt that she considers herself to be a patriot, as her supporters do. But that’s not the issue here. The issue is respect for the rule of law. Since the end of World War II, we have had laws in this country that specifically ban exactly those torture techniques implemented and overseen by Gina Haspel at a secret prison overseas. And the United States is a signatory to the United Nations Convention Against Torture. Indeed, we were the primary drafters of that measure, which, having been ratified by the Senate, has the force of law in the United States.
If Gina Haspel had any doubts about her “orders” from the CIA hierarchy, she had only to look at recent history. Just after the end of World War II, the United States executed Japanese soldiers who had waterboarded American prisoners of war. Similarly, in January 1968, the Washington Post published a front-page photo of an American soldier waterboarding a North Vietnamese prisoner. Secretary of Defense Robert McNamara ordered an investigation. The soldier was arrested, charged with torture, convicted, and sentenced to 20 years at Leavenworth.
Torture was illegal in 1946. It was illegal in 1968. And it was illegal in 2002, no matter what Bush Justice Department officials John Yoo and Jay Bybee said. The law was clear.