Senator McCain rightly insists that the U.S. may not (i) torture; (ii) engage in cruel treatment prohibited by Common Article 3; or (iii) engage in conduct that shocks the conscience, under the McCain Amendment. He also insists that waterboarding violates each of these legal restrictions, that the Bush Administration's legal analysis has been dishonest and flatly wrong, and that we need "a good faith interpretation of the statutes that guide what is permissible in the CIA program."
The Feinstein Amendment would have accomplished all of these objectives, but Senator McCain voted against it, presumably because he wishes that the CIA be permitted to continue the use of other of its enhanced techniques, apart from waterboarding. Those techniques are reported to include stress positions, hypothermia, threats to the detainee and his family, severe sleep deprivation, and severe sensory deprivation. Senator McCain has not explained which of these he thinks are not torture and cruel treatment, nor which he would wish to preserve for use by the CIA. But if the President does as he has promised and follows Senator McCain's lead by vetoing this bill, the CIA will continue to assert the right to use all of these techniques -- and possibly waterboarding, as well.
By contrast, Senator Clinton supports the Feinstein amendment, and Senator Obama does, too . . .
If Senator McCain believes that there are particular "enhanced" techniques that are not in the Field Manual, but that are also not torture or cruel treatment, and wishes to allow the CIA to use them, he should identify what they are, and offer legislation that would authorize those, and those only, techniques, in addition to those listed in the Field Manual. Otherwise, despite all his worthy efforts in this area, Senator McCain is now facilitating the CIA's use of techniques that are unlawful, including some that are torture even by Senator McCain's own lights. (For more on why the various CIA techniques are unlawful, see the Human Rights First Report "Leave No Marks.")
Senator McCain is not a man of character. And if Richard Cohen was a journalist with integrity, he would not write such disingenuous columns. He simply is writing falsehoods now.
Speaking for me only