Stanley Milgram - Ghost Writer for the Bush-Cheney Lawyers

April 17, 2009
Posted by Jay Livingston

I showed the Milgram film in class this week. So when I looked at the New York Times this morning, I still had the echoes of the “Experimenter” fresh in my mind.

EXPERIMENTER: Although the shocks may be painful, they’re not dangerous.

There’s another version of this line that was in the script the experimenter used, though it doesn’t appear in the film

EXPERIMENTER: Although they may be painful, there is no permanent tissue damage, so please go on.

The Times published excerpts from the legal memos that justified the torture.



The torturers deprived detainees of sleep for as long as eleven days.

It is clear that depriving someone of sleep does not involve severe physical pain . . . so long as sleep deprivation (as you have informed us is your intent) is used for limited periods, before hallucinations or other profound disruptions of the senses would occur.

Waterboarding has long been recognized as torture, even by the US when other countries used it. [Christopher Hitchens, a journalist who supported the Bush Iraq policies, had himself waterboarded (he's in the right-hand picture), and immediately concluded that it was obviously torture.] Nevertheless, the Bush lawyers wrote,

The waterboard does not inflict physical pain. . . . . .In the absence of prolonged mental harm, no severe mental pain or suffering would have been inflicted, and the use of these procedures would not constitute torture within the meaning of the statute.

Detainees were doused with water as cold as 41 degrees Fahrenheit.

Given that there is no expectation that the technique will cause severe physical pain or suffering . . .

“Stress” positions.

Any pain associated with muscle fatigue is not of the intensity sufficient to amount to ‘severe physical pain or suffering’ under the statute, nor, despite its discomfort, can it be said to be difficult to endure.

What a charade. The people who ordered the torture surely let it be known to their hand-picked lawyers which legal opinion they wanted the lawyers to come back with. And just to make it easier for the lawyers to justify the unjustifiable, they minimized and lied about the suffering they would inflict. The lawyers wrote the desired opinions, and now everyone can use these opinions to avoid being held accountable.

For eight years, the Bushies and the conservatives spoke with great self-righteousness about individual responsibility. All the while, they rigged the system to make sure nobody would be held responsible. They weren’t even as honorable as Milgram’s Nazi-in-a-labcoat.

TEACHER: But he’s hollering. He can’t stand it. What’s going to happen to him? . . . .
Who’s going to take the responsibility if anything happens to that gentleman?
EXPERIMENTER I'm responsible for anything that happens to him. Continue please.
TEACHER: All right. (Consults list of words.) The next one’s “Slow” – walk, truck, dance, music. Answer, please.