Why Does John McCain Hate America And The CIA And The OLC?

At this point you would have to say that the authors of the OLC memos could have a very lucrative careers as fiction novelists.

U.S. Senator John McCain, a torture survivor from his days as a captive during the Vietnam War, says his private comments about harsh interrogation methods were misrepresented by the Bush Administration in a recently released legal document intended to justify a six-day-long course of sleep deprivation for one CIA detainee in November of 2007.

The newly declassified memo by the Justice Department's Office of Legal Counsel mentions a secret briefing McCain and other members of Congress received sometime before October 17, 2006. The memo says the lawmakers were told about six CIA interrogation techniques, including prolonged sleep deprivation.

The memo recounts McCain's reaction this way. "[S]everal Members of Congress, including the full memberships of the House and Senate Intelligence Committees and Senator McCain, were briefed by General Michael Hayden, Director of the CIA, on the six techniques that we discuss herein," writes Steven G. Bradbury, a deputy assistant attorney general in the July 20, 2007, memo, which cites a CIA summary of the discussions. "In those classified and private conversations, none of the Members expressed the view that the CIA detention and interrogation program should be stopped, or that the techniques at issue were inappropriate."

A spokeswoman for McCain said that contrary to those claims, the Arizona Republican repeatedly raised objections in private meetings, including one with Hayden, about the use of sleep deprivation as an interrogation technique. "Senator McCain clearly made the case that he was opposed to unduly coercive techniques, especially when used in combination or taken too far — including sleep deprivation," says Brooke Buchanan, a spokeswoman for McCain.

An aide to McCain said that in meetings with Hayden and others, McCain raised the story of Orson Swindle, a friend of McCain's who suffered forced sleep deprivation through stress positions as a captive of the North Vietnamese. During the his last presidential campaign, McCain repeatedly spoke publicly of prolonged sleep deprivation as a form of torture.

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The contention by McCain and others that private discussions were misrepresented are important because they call into question the legal conclusions that allowed harsh interrogation in late 2007. The CIA account of the congressional briefing was used by Bradbury to argue that prolonged sleep deprivation did not "shock the conscience," a legal standard based on the Constitution's Fifth Amendment right to due process. While "not conclusive on the Constitutional question," Bradbury argued that the lack of objections from members of Congress following the classified briefing contributed to providing "a relevant measure of contemporary standards." If Bradbury had concluded that extended sleep deprivation did "shock the conscience," the technique would have been illegal under the Detainee Treatment Act of 2005, which applied constitutional standards to the treatment of CIA detainees.

The U.S. State Department has long characterized extended sleep deprivation by foreign countries as a form of torture, though Bradbury in his memo dismissed this fact as not providing "controlling evidence" on the issue of contemporary standards. The U.S. Army Field Manual, which regulates military interrogations, also prohibits extended sleep deprivation, but Bradbury dismissed this standard as failing to provide "dispositive evidence" of the government behavior.

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In late 2007, after a presidential campaign event in Iowa, McCain said that he supported the prosecutions of any government employee who violated laws governing detainee treatment after October of 2006, when the Military Commissions Act was passed. "After we passed the Detainee Treatment Act, the Military Commissions Act, then obviously anybody who violated any law of the United States would have to be held responsible," McCain told reporters.

Well at least McCain is willing to back prosecutions of people who broke HIS laws lol. But this story just keeps getting better and better. At this point nobody involved in the torture program has any credibility and its likely that we are still only scratching the very surface of this issue. But we gotta look back and not forward, right?

Yep, just keep on walking.....