Anonymous wrote:
Anonymous wrote:What was illegal about destroying those tapes?
18 USC 1519 - Destruction of Evidence
It's a federal crime to destroy or tamper with evidence. Those tapes were evidence of a crime. Torture is illegal under US law - 18 USC 2340. The US also signed and ratified the UN Convertion against Torture. And the US Constitution's 8th Amendment prohibts "cruel and unusual punishment".
BTW, 18 USC 2340 (Torture) subjects perpetrators to a fine and/or up to 20 years in prison, except where the victim died as a result of torture, in which case, the perpetrator may be subject to life in prison or a death sentence. One can also be charged for conspiracy under this statute, thus sweeping many more CIA and other administration officials into potentially being charged.
And the Torture Victim Prevention Act allows victims to sue perpetrators in US court, potentially exposing people like Gina Haspel to financial ruin in addition to long jail terms.
So, you can now understand why they destroyed the evidence....
By the way, some people think that torture didn't happen because Haspel did what she did "legally" based on the justifications provided by the Bybee and Yoo memos. Some also think that because these acts happened outside the US, they are not crimes under US law. Both of these assertions are wrong.
18 USC 2340 specifically contemplates that torture may be done "under color of law" and prohibits it even when done "under color of law". That is because, historically, torturers have often used the law to justify their torture. See the definition of the law embedded in this section of the code, "
“torture” means
an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control". This means if a person inflicts severe physical or mental pain or suffering upon a person in custody or physical control, they have committed torture, even if they think it is legally justified. Per the statute, there is no way to legally justify torture. This is why the Bybee/Yoo memos (if my memory serves me correctly) tried to assert that permitted "enhanced interrogation" techniques did not cause the "severe mental or physical pain or suffering" that is part of the definition of torture in the statute. The memos attempted to evade the torture statute by saying what was done was not torture, because the attorneys clearly knew that asserting it may have been torture but it was authorized or ordered was not a viable legal justification.
18 USC 2340A specifically addresses the location of the offense, jurisdiction --
"Offense.—
Whoever outside the United States commits or attempts to commit
torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b)Jurisdiction.—
There is jurisdiction over the activity prohibited in subsection (a)
if—
(1) the alleged
offender is a national of the United States;
or
(2) the alleged offender is
present in the United States, irrespective of the nationality of the victim or alleged offender."
This means that a US national can be prosecuted for torture even where that torture took place outside the US. The place of torture and the nationality of the victim is irrelevant.
A torture perpetrator who is not a US national can also be prosecuted in US courts if the perpetrator is present in the US. This means those non-US nationals torture perpetrators to whom we rendered detainees that were then subsequently tortured can also be prosecuted in US courts if they ever are caught setting foot in the US. Plus, probably any US nationals who participated in rendition could be prosecuted for conspiracy to torture per the statute.