During a Senate Judiciary Committee hearing on “The Legal Rights of Guantanamo Detainees” this morning, Brigadier General Thomas W. Hartmann, the legal adviser at Guantanamo Bay, repeatedly refused to call the hypothetical waterboarding of an American pilot by the Iranian military torture. “I’m not equipped to answer that question,” said Hartmann.
Sen. Lindsey Graham (R-SC), who asked the hypothetical, pushed Hartmann on his answer, asking him directly if it would be a “violation of the Geneva Convention”:
GRAHAM: You mean you’re not equipped to give a legal opinion as to whether or not Iranian military waterboarding, secret security agents waterboarding downed airmen is a violation of the Geneva Convention?
HARTMANN: I am not prepared to answer that question, Senator.
After Hartmann twice refused to answer, Graham dismissed him in disgust, saying he had “no further questions.”
Hartmann’s non-answer is reminiscent of State Department Legal Adviser John Bellinger’s refusal in October to condemn “the use of water boarding on an American national by a foreign intelligence service.”
But not every lawyer who’s worked for the Bush administration has been so hesitant to call waterboarding torture.
In 2004, after then-acting assistant attorney general Daniel Levin had himself waterboarded, he concluded that the interrogation technique “could be illegal torture.” For his efforts, “Levin was forced out of the Justice Department when Alberto Gonzales became Attorney General.”
Sen. Graham, a former military judge advocate, has said before that someone doesn’t “have to have a lot of knowledge about the law to understand this technique violates Geneva Convention Common Article Three.”
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