Taking ‘Devil’s Advocate’ Too Literally
Monday, September 28th, 2009
Jeffrey Toobin, the only remotely sensible person allowed to speak on television about the news on a regular basis, has a crazy idea: we shouldn’t torture Najibullah Zazi. TNR’s Michael Crowley finds this scheme tempting, but he has his reservations:
It’s a well-argued case, and I think I agree. But, let’s play Devil’s Advocate
If it were up to me, I don’t know what I would do; I would need to know more facts. I am not a proponent of torture, which I think has done enormous harm to America’s image abroad and moral fiber at home. But I ride the subways these guys may have been planning to attack and I would like to be quite sure we’ve found all of them. At a minimum, this is a good opportunity to stress-test* the debate about interrogation techniques, because it may be that life can imitate 24 after all.
I would genuinely like to know: what does “I am not a proponent of torture” even mean here? It seems clear to me that he isn’t using a euphemism screen here (real torture is inexcusable, of course, but what’s a little waterboarding between friends?). But at the same time, he is obviously on the fence about something, and I don’t know how to interpret this such that that something isn’t the question of whether Zazi should be tortured. But if that’s right, why does he so confidently assert that he isn’t a proponent?
The most likely interpretation I can come up with is that Crowley is saying he isn’t enthusiastic about torture, and thinks we’ve done far too much of it in the recent past, but that he isn’t willing to rule it out altogether. This is a much more honest framing of the pro-torture position than one generally sees, but it is the pro-torture position. It’s not as if there are lots of people saying with a straight face “I think we should torture whomever we can, whenever we can.” Willingness to resort to torture in extreme cases to prevent major acts of mass murder is the most pro-torture position that’s on the table.
Now, not being a crazy person, Crowley disagrees with the Dick Cheney about just how often that situation comes up. That speaks well of him. But - whatever some neocons might feel in their hearts - no one* has embraced a more stridently pro-torture philosophy than the one Crowley appears to be leaning toward here.
* No, commenters on Michelle Malkin’s blog don’t count.

