Former Navy Instructor Offers Another Waterboarding Primer for Mukasey

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So Michael Mukasey’s new line is that waterboarding may be “repugnant,” but he’s not sure if the Spanish-Inquisition-era torture technique is illegal. Or, to put it another way, he can’t say for sure if the practice is illegal until he’s confirmed as attorney general.

Mukasey should listen to longtime counterterrorism expert Malcolm Nance. Nance, a veteran of counterterrorism operations in Iraq, has written a moving post for the counterinsurgency blog Small Wars Journal explaining, in more detail than anyone else has in public, what exactly waterboarding is. And Nance knows what he’s talking about. As a former instructor at the Navy’s training program, Nance (full disclosure, a TPMm pal) confesses that he “personally led, witnessed and supervised waterboarding of hundreds of people” — not detainees, of course, but would-be SEALs, so they could learn how (hopefully) to resist torture. That training program, known as Survival, Evasion, Resistance, Escape (SERE), became a template for how to abuse detainees in U.S. custody.

Nance’s experience leads him to some sharp conclusions:

1. Waterboarding is a torture technique. Period. There is no way to gloss over it or sugarcoat it. It has no justification outside of its limited role as a training demonstrator. Our service members have to learn that the will to survive requires them accept and understand that they may be subjected to torture, but that America is better than its enemies and it is one’s duty to trust in your nation and God, endure the hardships and return home with honor.

2. Waterboarding is not a simulation. Unless you have been strapped down to the board, have endured the agonizing feeling of the water overpowering your gag reflex, and then feel your throat open and allow pint after pint of water to involuntarily fill your lungs, you will not know the meaning of the word.

Waterboarding is a controlled drowning that, in the American model, occurs under the watch of a doctor, a psychologist, an interrogator and a trained strap-in/strap-out team. It does not simulate drowning, as the lungs are actually filling with water. There is no way to simulate that. The victim is drowning. How much the victim is to drown depends on the desired result (in the form of answers to questions shouted into the victim’s face) and the obstinacy of the subject. A team doctor watches the quantity of water that is ingested and for the physiological signs which show when the drowning effect goes from painful psychological experience, to horrific suffocating punishment to the final death spiral.

Waterboarding is slow motion suffocation with enough time to contemplate the inevitability of black out and expiration –usually the person goes into hysterics on the board. For the uninitiated, it is horrifying to watch and if it goes wrong, it can lead straight to terminal hypoxia. When done right it is controlled death. Its lack of physical scarring allows the victim to recover and be threaten with its use again and again.

Call it “Chinese Water Torture,” “the Barrel,” or “the Waterfall,” it is all the same. Whether the victim is allowed to comply or not is usually left up to the interrogator. Many waterboard team members, even in training, enjoy the sadistic power of making the victim suffer and often ask questions as an after thought. These people are dangerous and predictable and when left unshackled, unsupervised or undetected they bring us the murderous abuses seen at Abu Ghraieb, Baghram and Guantanamo. No doubt, to avoid human factors like fear and guilt someone has created a one-button version that probably looks like an MRI machine with high intensity waterjets.

Michael Mukasey, please — read the whole thing. Then answer a simple question: If someone did this to an American citizen against his will, has that person committed a crime?

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