Judge Andrew Napolitano: Torture comes home to roost

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Judge Andrew Napolitano: Torture comes home to roost
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A government that unleashes beasts — the American government — recognizes no limits on its powers.

“Maybe there is a beast. Maybe it’s only us.” — William Golding , “Lord of the Flies”

In one, a military judge suppressed the confessions of Abd al-Rahim al-Nashiri — the alleged mastermind of the bombing of the USS Cole in 2000, which killed 17 American sailors — because he found that the confessions were obtained under torture. In the other, government lawyers reluctantly agreed to enter into a plea agreement with Khalid Sheikh Mohammed — whom the government says planned the 3,000 murders of 9/11 — in order to avoid defending the tortures that the CIA inflicted upon him.

The psychologist was called as a defense witness in order to demonstrate to the court that a good deal of the evidence that prosecutors plan to introduce against Nashiri was obtained directly or indirectly through, or was tainted by, his torture and thus cannot lawfully be used at his trial. What caught the eyes of those of us who monitor these events was the mention of the name of the CIA official under whose watch Nashiri’s torture occurred and who wrote detailed, graphic descriptions of it to her bosses. That official is the same Gina Haspel. She was the head of the CIA station at Thailand in 2002, at which Nashiri was tortured, and she was the senior member of the torture team.

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