Rep. Nadler Welcomes House Adoption of Anti-Torture Provision

Intelligence Authorization Bill Contains Nadler-Delahunt Language on Torture

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties today spoke on the House floor to laud the inclusion of torture prohibitions in the Conference Report on the Intelligence Authorization bill for FY 2008 (H. Rept. 110-478).  The bill was adopted on a vote of 222 to 199.

The conference report includes language mirroring legislation authored by Reps. Nadler and Bill Delahunt (MA-10) that would ensure a single, uniform, baseline standard for all interrogations conducted by the U.S. intelligence community.  By extending the Army Field Manual standards to the intelligence community, the conference report effectively outlaws waterboarding, a method of controlled drowning.

Congressman Nadler’s remarks as prepared are as follows:

“I rise in support of the Conference report on HR 2082, Intelligence Authorization Act for FY 2008.

“Today we have an opportunity to affirm America's values and our respect for the rule of law. This bill includes language drawn from the ‘American Anti-Torture Act’ introduced by myself and Rep. Delahunt that would extend the interrogation standards in the U.S. Army Field manual to all interrogations conducted on persons in the custody or effective control of any element of the intelligence community.  

“This will ensure a single, uniform, baseline standard for interrogations.  That means no more torture, no more waterboarding, no more clever wordplay, no more evasive answers, and no more dishonesty.  

“People and nations do terrible things in war, but civilized nations long ago recognized that there must be limits on their conduct even during military conflicts.  

“Our Army Field Manual is an outstanding example of a modern military dedicated to observing international norms of conduct while waging war effectively.  It is a credit to our men and women in uniform that they continue to abide by these rules.  It is unforgivable that some civilians here in Washington seem to think that they know better and that we must be more brutal than our military and professional interrogators.

“I understand the critical role that intelligence plays in protecting ourselves. But torture and cruel, inhuman, or degrading treatment, besides being contrary to American values and traditions, have proven not to be effective in obtaining actionable intelligence. Current and former members of the military have made this clear.

“General David Petraeus, the commander of U.S. forces in Iraq, recently wrote in an open letter to U.S. troops that the standards in the Army Field Manual, ‘work effectively and humanely in eliciting information from detainees.’  Lt. General Kimmons, Army Deputy Chief of Staff for Intelligence, has similarly stated that ‘No good intelligence is going to come from abusive practices…any piece of intelligence which is obtained under duress – through the use of abusive techniques would be of questionable credibility.’

“The Bush administration has long argued that it does not torture. But it does waterboard.  And we prosecuted, we sent to jail Japanese officers for waterboarding prisoners, after World War II.  We knew then that waterboarding is torture.  And despite statements, or non-statements, from the Bush Administration, we now know that waterboarding in torture.

“Torture places our service men and women, and our allies, at grave risk. We must accept that whatever we authorize and use against our enemies will be turned against our own men and women.

“Mr. Speaker, it is time to restore the honor of the United States, it is time to restore the good name of the United States in a world that is sullied by the conduct of this Administration.  It is time to compel the Administration to act in a manner consistent with the Constitution of the United States.  I applaud the leadership of the conferees in including the anti-torture language in this bill.  I hope this will begin the process of restoring the honor and integrity of the United States.  I urge support for the Conference report.  I yield back the balance of my time.”