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Many Americans like to tell themselves a story about the choices the country makes in times of national crisis. We may overreact at first, temporarily sacrificing principles and rights to meet the emergency at hand.
But eventually the crisis recedes, and in restoring our commitment to foundational principles and the rule of law, we push the pendulum back toward equilibrium. But what I write here represents my own views, and not those of the Department of Defense. Our pendulum swung in the aftermath of one of the most devastating terrorist acts in history, when then-President George W.
Bush authorized the CIA to kidnap and detain individuals believed to be linked to al-Qaeda at secret dungeons around the world. So-called enhanced interrogation included, among other abhorrent tactics, hooding, forced nudity, hallucination-inducing sleep deprivation, and concussion-inducing beatings, as well as war crimes that the United States had previously prosecuted, such as waterboarding.
In some cases, U. Today, 40 aging and infirm men—many of whom were victims of American torture or cruel, inhuman, and degrading treatment—remain in U. The Bush administration implausibly concluded that the novelty of that war exempted it from applying law-of-war protections, particularly the Geneva Conventions, to the detention that it claimed the war justified. Contrary to the laws of war, the Bush administration transported detainees to a location far removed from its battlefield with al-Qaeda.
