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The New Yorker Takes On “24” And Torture

Friday, February 9, 2007  |  posted by Hugh Hewitt
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Here’s an excerpt:

Cochran, who has a law degree, listened politely to the delegation’s complaints. He told me that he supports the use of torture “in narrow circumstances” and believes that it can be justified under the Constitution. “The Doctrine of Necessity says you can occasionally break the law to prevent greater harm,” he said. “I think that could supersede the Convention Against Torture.” (Few legal scholars agree with this argument.) At the meeting, Cochran demanded to know what the interrogators would do if they faced the imminent threat of a nuclear blast in New York City, and had custody of a suspect who knew how to stop it. One interrogator said that he would apply physical coercion only if he received a personal directive from the President. But Navarro, who estimates that he has conducted some twelve thousand interrogations, replied that torture was not an effective response. “These are very determined people, and they won’t turn just because you pull a fingernail out,” he told me. And Finnegan argued that torturing fanatical Islamist terrorists is particularly pointless. “They almost welcome torture,” he said. “They expect it. They want to be martyred.” A ticking time bomb, he pointed out, would make a suspect only more unwilling to talk. “They know if they can simply hold out several hours, all the more glory

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