And so legally you twist the definition because certain members of the military agreed to have it done to them with their training. What contract did the prisoners at Guantanamo(sp) sign? And what about the law against any contract under duress? The argument is BS.

Jeff M


On May 16, 2009, at 8:06 PM, Matthew Taylor wrote:

The law in an ass, and always has been as it is an imperfect creation of an imperfect institution put in pl;ace by imperfect beings. Nevertheless, the law determines what is legal. Either you argue that every POTUS, ever chairman of the Joint Cheifs, and much of the senior command staff are criminals because they approved and implemented SERE and SERE = torture, or you can not argue that identical practices are criminal torture. There are many places where the common usage definition of a term does not match the legal definition, but in matters of law it is the legal definition that is controlling.

Matthew


On May 16, 2009, at 9:55 PM, Jeff Miles wrote:

Yes, I've heard this argument, and it's stupid. Because we torture our own servicemen and call it training doesn't change what it is. However, it is a good game. I wonder how many other definitions we can change to suit our legal needs?

Jeff M


On May 16, 2009, at 4:52 PM, Matthew Taylor wrote:

The problem is the legal reasoning that says it was not torture is quite sound - the key being that as I understand it we did nothing that we do not do to our own servicemen in the resistance portion of SERE (Survival, Evasion, Resistance, and Escape) training. If the assumption is that we are not torturing our own servicemen, then doing the same to others might be extremely poor judgement in the circumstances, might be held to be wrong for a variety of reasons, but it still would not be torture.

Matthew



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