Today's NYT features an op-ed by Morris Davis, an Air Force colonel and chief prosecutor for the military commissions at Guantánamo Bay, Cuba, from 2005 to 2007. His op-ed, Unforgivable Behavior, Inadmissible Evidence, is a stark rejoinder to Justice Scalia's embarrassing tirades.
TWENTY-SEVEN years ago, in the final days of the Iran hostage crisis, the C.I.A.’s Tehran station chief, Tom Ahern, faced his principal interrogator for the last time. The interrogator said the abuse Mr. Ahern had suffered was inconsistent with his own personal values and with the values of Islam and, as if to wipe the slate clean, he offered Mr. Ahern a chance to abuse him just as he had abused the hostages. Mr. Ahern looked the interrogator in the eyes and said, “We don’t do stuff like that.”
Today, Tom Ahern might have to say: “We don’t do stuff like that very often.” Or, “We generally don’t do stuff like that.” That is a shame. Virtues requiring caveats are not virtues. Saying a man is honest is a compliment. Saying a man is “generally” honest or honest “quite often” means he lies. The mistreatment of detainees, like honesty, is all or nothing: We either do stuff like that or we do not. It is in our national interest to restore our reputation for the latter.
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There are some bad men at Guantánamo Bay and a few deserve death, but only after trials we can truthfully call full, fair and open. In that service, we must declare that evidence obtained by waterboarding be banned in every American system of justice. We must restore our reputation as the good guys who refuse to stoop to the level of our adversaries. We are Americans, and we should be able to state with conviction, “We don’t do stuff like that.”


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