Vanity

Vanity
Vanity
Vanity 2016-02-16
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on. 10 vols. 1904. full text online at Internet Archive online in HTML edition. (The only online collection of Hamilton's writings and letters, containing about 1.3 million words)
Morris, Richard, ed. Alexander Hamilton and the Founding of the Nation. 1957. (Excerpts from AH's writings)
Report on Manufactures. (AH's economic program for the United States)
Report on Public Credit. (AH's financial program for the United States)
Syrett, Harold C., Jacob E. Cooke, and Barbara Chernow, eds. The Papers of Alexander Hamilton. 27 vols. Columbia University Press, 1961â€"87. (Includes all letters and writings by Hamilton, and all important letters written to him; this is the definitive edition of Hamilton's works, intensively annotated)
Taylor, George Rogers, ed. Hamilton and the National Debt. 1950. (Excerpts from all sides in the 1790s)


External links
Alexander Hamilton on PBS' American Experience
Alexander Hamilton: A Resource Guide from the Library of Congress
The Papers of Alexander Hamilton, subset of Founders Online from the National Archives
New-York Historical Society's Alexander Hamilton Exhibit
Works by Alexander Hamilton at Project Gutenberg
Works by or about Alexander Hamilton at Internet Archive
Works by Alexander Hamilton at LibriVox (public domain audiobooks)
Hamilton's Report on Manufactures (Columbia University Press)
Hamilton's Congressional biography
Alexander Hamilton: Debate over a National Bank (February 23, 1791) at the Wayback Machine (archived November 10, 2000)
Alexander Hamilton by Henry Cabot Lodge
Alexander Hamilton's Plan of Government
Hamilton Grange National Memorial
Reenactment of the Burrâ€"Hamilton duel on July 12, 2004
Alexander Hamilton and the National Triumph of New York City A WNET video lecture; overview of Hamilton's career

title and url for this wikipedia site
Alexander Hamilton
https://en.wikipedia.org/wiki/Alexander_Hamilton
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http://en.wikipedia.org/wiki/File:AH_Custom_house_dusk_jeh.JPG
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Vanity is the excessive belief in one's own abilities or attractiveness to others. Prior to the 14th century it did not have such narcissistic undertones, and merely meant futility. The related term vainglory is now often seen as an archaic synonym for vanity, but originally meant boasting in vain, i.e. unjustified boasting; although glory is now seen as having an exclusively positive meaning, the Latin term gloria (from which it derives) roughly means boasting, and was often used as a negative criticism.


In religion and philosophyEdit

In many religions, vanity, in its modern sense, is considered a form of self-idolatry, in which one likens their self to the greatness of God for the sake of their own image, and thereby becomes separated and perhaps in time divorced from the Divine grace of God. In Christian teachings vanity is considered an example of pride, one of the seven deadly sins.
Philosophically speaking, vanity may refer to a broader sense of egoism and pride. Friedrich Nietzsche wrote that "vanity is the fear of appearing original: it is thus a lack of pride, but not necessarily a lack of originality." One of Mason Cooley's aphorisms is "Vanity well fed is benevolent. Vanity hungry is spiteful."


SymbolismEdit
In Western art, vanity was often symbolized by a peacock, and in Biblical terms, by the Whore of Babylon. In secular allegory, vanity was considered one of the minor vices. During the Renaissance, vanity was invariably represented as a naked woman, sometimes seated or reclining on a couch. She attends to her hair with comb and mirror. The mirror is sometimes held by a demon or a putto. Symbols of vanity include jewels, gold coins, a purse, and often by the figure of death himself.
Often we find an inscription on a scroll that reads Omnia Vanitas ("All is Vanity"), a quotation from the Latin translation of the Book of Ecclesiastes. Although that phrase, itself depicted in a type of still life, vanitas (Latin, "emptiness"), originally referred not to obsession with one's appearance, but to the ultimate fruitlessness of humankind's efforts in this world, the phrase summarizes the complete preoccupation of the subject of the picture.
"The artist invites us to pay lip-service to condemning her," writes Edwin Mullins, "while offering us full permission to drool over her. She admires herself in the glass, while we treat the picture that purports to incriminate her as another kind of glassâ€"a windowâ€"through which we peer and secretly desire her." The theme of the recumbent woman often merged artistically with the non-allegorical one of a reclining Venus.
In his table of the Seven deadly sins, Hieronymus Bosch depicts a bourgeois woman admiring herself in a mirror held up by a devil. Behind her is an open jewelry box. A painting attributed to Nicolas Tournier, which hangs in the Ashmolean Museum, is An Allegory of Justice and Vanity. A young woman holds a balance, symbolizing justice; she does not look at the mirror or the skull on the table before her. Vermeer's famous painting Girl with a Pearl Earring is sometimes believed to depict the sin of vanity, as the young girl has adorned herself before a glass without further positive allegorical attributes.
All is Vanity, by Charles Allan Gilbert (1873â€"1929), carries on this theme. An optical illusion, the painting depicts what appears to be a large grinning skull. Upon closer examination, it reveals itself to be a young woman gazing at her reflection in the mirror. In the film The Devil's Advocate, Satan (Al Pacino) claims that "vanity is his favourite sin".
Such artistic works served to warn viewers of the ephemeral nature of youthful beauty, as well as the brevity of human life and the inevitability of death.



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Marc_Andreessen

Marc_Andreessen
Marc_Andreessen
Marc_Andreessen 2016-02-11
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Marc Lowell Andreessen (/ænˈdriːsən/ an-DREE-sən; born July 9, 1971) is an American entrepreneur, investor, and software engineer. He is best known as coauthor of Mosaic, the first widely used Web browser; as cofounder of Netscape; and as cofounder and general partner of Silicon Valley venture capital firm Andreessen Horowitz. He founded and later sold the software company Opsware to Hewlett-Packard. Andreessen is also a cofounder of Ning, a company that provides a platform for social networking websites. He sits on the board of directors of Facebook, eBay, and HP, among others. A frequent keynote speaker and guest at Silicon Valley conferences, Andreessen is one of only six inductees in the World Wide Web Hall of Fame announced at the First International Conference on the World-Wide Web in 1994.


Early life and education
Andreessen was born in Cedar Falls, Iowa, and raised in New Lisbon, Wisconsin, the son of Patricia and Lowell Andreessen, who worked for a seed company. In December 1993, he received his bachelor's degree in computer science from the University of Illinois at Urbanaâ€"Champaign. As an undergraduate, he interned one summer at IBM in Austin, Texas. He also worked at the National Center for Supercomputing Applications (NCSA) at the University of Illinois, where he became familiar with Tim Berners-Lee's open standards for the World Wide Web. Andreessen and a full-time salaried co-worker Eric Bina worked on creating a user-friendly browser with integrated graphics that would work on a wide range of computers. The resulting code was the Mosaic Web browser.

"In the Web's first generation, Tim Berners-Lee launched the Uniform Resource Locator (URL), Hypertext Transfer Protocol (HTTP), and HTML standards with prototype Unix-based servers and browsers. A few people noticed that the Web might be better than Gopher.
In the second generation, Marc Andreessen and Eric Bina developed NCSA Mosaic at the University of Illinois. Several million then suddenly noticed that the Web might be better than sex.
In the third generation, Andreessen and Bina left NCSA to found Netscape..."
â€" Bob Metcalfe, InfoWorld, August 21, 1995, Vol. 17, Issue 34.


Netscape
After his graduation from UIUC in 1993, Andreessen moved to California to work at Enterprise Integration Technologies. Andreessen then met with Jim Clark, the founder of Silicon Graphics, who had recently exited the firm. Clark believed the Mosaic browser had great commercial possibilities and suggested starting an Internet software company. Soon, Mosaic Communications Corporation was in business in Mountain View, California, with Andreessen as cofounder and vice president of technology. The University of Illinois was unhappy with the company's use of the Mosaic name, so Mosaic Communications changed its name to Netscape Communications, and its flagship Web browser was the Netscape Navigator.
In the year between the formation of the company and its IPO, Andreessen engaged in extensive public outreach on behalf of his vision of the Web browser's potential, something he had in fact done continuously since making the decision to distribute Mosaic for free via the Internet.
One of these events, hosted by Internet commercialization pioneer Ken McCarthy, was captured on video and provides a unique look at the state of the Web between the time Andreessen and his colleagues launched Mosaic and the time when Web browsers and servers became mainstream commercial products. At the time of the recording, Andreessen was 23 years old.
Netscape's IPO in 1995 propelled Andreessen into the imagination of the public. Featured on the cover of Time and other publications, Andreessen became the poster-boy wunderkind of the Internet bubble generation: young, twenty-something, high-tech, ambitious, and worth millions (or billions) of dollars practically overnight.
Netscape's success attracted the attention of Microsoft, which recognized the Web's potential and wanted to put itself at the forefront of the rising Internet revolution. Microsoft licensed the Mosaic source code from Spyglass, Inc., an offshoot of the University of Illinois, and turned it into Internet Explorer. The resulting battle between the two companies became known as the Browser wars. In 1997, Andreessen was featured on the cover of Interactive Week Magazine.
Netscape was acquired in 1999 for $4.2 billion by AOL, which made Andreessen its Chief Technology Officer. The same year, he was named to the MIT Technology Review TR100 as one of the top 100 innovators in the world under the age of 35.


Loudcloud
Andreessen left AOL to form Loudcloud with Ben Horowitz, Tim Howes, and In Sik Rhee. Loudcloud was a services-based Web hosting company that made an IPO in 2001. Loudcloud sold its hosting business to EDS and changed its name to Opsware in 2003, with Andreessen serving as chairman. Opsware was purchased by Hewlett-Packard in September 2007 for about $1.6 billion.


Andreessen Horowitz
Between 2005 and 2009, Andreessen and longtime business partner Ben Horowitz separately invested a total of $4 million in 45 start-ups that included Twitter and Qik. The two became well known as super angel investors. On July 6, 2009, Andreessen and Horowitz announced their Silicon Valley venture-capital firm Andreessen Horowitz. The firm invests in entrepreneurs, products, and companies in the information technology industry.
Begun with an initial capitalization of $300 million, within three years the firm grew to $2.7 billion under management across three funds. Andreessen Horowitz’s portfolio holdings include Facebook, Foursquare, GitHub, Pinterest, and Twitter.
On September 1, 2009, an investor group that included Andreessen Horowitz acquired a majority stake in Skype for $2.75 billion, which was considered risky. The deal paid off in May 2011 when Microsoft bought Skype for $8.5 billion. Additionally, Andreessen and Horowitz made personal investments in headset maker Jawbone in 2006. The firm announced a $49-million investment in Jawbone in March 2011. In February 2011, Andreessen Horowitz’s $80-million investment in Twitter made it the first venture firm to hold stock in all four of the highest-valued, privately held social-media companies (at that time): Facebook, Groupon, Twitter, and Zynga.


Industry influence
Andreessen's experiences as an entrepreneur, investor, and board member at several large technology firms have positioned him to “draw insightful conclusions” about technology trends and help Andreessen Horowitz “stand out from the crowd” (The Economist). Andreessen often advises the leaders of companies in which Andreessen Horowitz invests, including Mark Zuckerberg of Facebook and Mark Pincus of Zynga.
In 2010, notable Silicon Valley attorney Ted Wang created the first free standardized seed round financing documents, the Series Seed Documents.
An op-ed piece Andreessen authored for The Wall Street Journal in August 2011, “Why Software Is Eating the World”, received over 445 comments and prompted articles on the topic in The Economist and other media outlets. In the Journal, Andreessen wrote about the growing importance of software to businesses of all types:

More and more major businesses and industries are being run on software and delivered as online servicesâ€"from movies to agriculture to national defense. Many of the winners are Silicon Valley-style entrepreneurial technology companies that are invading and overturning established industry structures. Over the next 10 years, I expect many more industries to be disrupted by software, with new world-beating Silicon Valley companies doing the disruption in more cases than not.

Andreessen and Horowitz were ranked no. six on Vanity Fair’s 2011 New Establishment List, no. 1 on CNET’s 2011 most influential investors list and no. 2 and 21, respectively, on the 2012 Forbes Midas List of Tech’s Top Investors.
In April 2012, Andreessen and Andreessen Horowitz General Partners Ben Horowitz, Peter Levine, Jeff Jordan, John O’Farrell, and Scott Weiss pledged to donate half of their lifetime incomes from venture capital to charitable organizations.
In 2012, Andreessen was named in Time 100, an annual list of the 100 most influential people in the world assembled by Time.
In 2013, Andreessen was one of five Internet and Web pioneers awarded the inaugural Queen Elizabeth Prize for Engineering.


Current ventures
Andreessen cofounded and was chairman of Ning, the third company he established after Netscape and Loudcloud. In September 2011, it was announced that Ning had been sold to Mode Media for a reported price of $150 million. Andreessen joined Glam Media’s board of directors following the sale.
Andreessen is an investor in social news website Digg and several other technology startups such as Plazes, Netvibes, CastTV, Twitter, and the RockMelt browser launched in 2010. He is a personal investor in such diverse companies as LinkedIn and boutique bank Raine.
Andreessen serves on the board of Facebook, eBay, Kno, Hewlett-Packard, Stanford Hospital, Bump Technologies, Anki, Oculus VR, and TinyCo. He serves as advisor to Asana and director of CollabNet.
Andreessen is a proponent of Bitcoin and cryptocurrency and has described the technology as "innovative and radical". His venture capital firm Andreessen Horowitz has invested more than $227 million in bitcoin-related startups as of July 19, 2015.


Criticism
In February 2016, Marc Andreessen posted a controversial tweet in response to India's decision to apply net neutrality to Facebook's pet project Free Basics. Andreessen's tweet likened net neutrality to "anti-colonialism", and blamed anti-colonialism for India's "economic catastrophe". Andreessen later deleted the tweet following heavy criticism from Indians and non-Indians alike (including Facebook founder Mark Zuckerberg). Andreessen is on Facebook's board of directors. Facebook spent millions advertising Free Basics to the Indian public. The project failed due to violations, setting preferential tariffs in accessing content and setting up a "walled garden" on the internet.


Personal life
Andreessen married Laura Arrillaga in 2006. She is the founder of the Silicon Valley Social Venture Fund and the daughter of Silicon Valley real estate billionaire John Arrillaga.
Andreessen endorsed Democratic candidate Barack Obama during the 2008 presidential elections. In 2012, Andreessen expressed some support for Republican candidate Mitt Romney. During the 2016 primary season, he endorsed Republican candidate Carly Fiorina.


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Martin_Shkreli

Martin_Shkreli
Martin_Shkreli
Martin_Shkreli 2016-02-07
Martin_Shkreli 2016
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Martin Shkreli (/ˈskrɛli/; born April 1, 1983) is an American entrepreneur and financial and pharmaceutical executive. He is co-founder of the hedge fund MSMB Capital Management, co-founder and former chief executive officer (CEO) of the biotechnology firm Retrophin, and founder and former CEO of Turing Pharmaceuticals. In September 2015, Shkreli received widespread criticism when Turing obtained the manufacturing license for the antiparasitic drug Daraprim and raised its price by 5,556 percent (from US$13.50 to US$750 per tablet) leading him to be referred to by media as the "most hated man in America".
On December 17, 2015, Shkreli was arrested by the FBI on charges of securities fraud and released on bail. He resigned as CEO of Turing Pharmaceuticals and was replaced by the company's board chairman, Ron Tilles.


Early life and education
Martin Shkreli was born April 1, 1983, the son of Albanian and Croatian immigrants who worked as janitors. He, his two sisters, and his brother grew up in a working class community in Sheepshead Bay, Brooklyn.
Shkreli attended Hunter College High School. Shkreli dropped out before his senior year due to lack of interest, but received the credits necessary for his diploma through a program that placed him in an internship at the Wall Street hedge fund Cramer, Berkowitz and Company when he was 17. Sources are conflicted on whether Shkreli graduated from Hunter or whether he received sufficient credits there but actually graduated from City-As-School High School.
Shkreli went on to receive a bachelor's degree in business administration from New York's Baruch College in 2005. Shkreli told Vanity Fair that he developed an interest in chemistry when a family member suffered from treatment-resistant depression. In March 2015, Hunter College High School announced that Shkreli had donated $1,000,000 to them. According to The New York Times, "Hunter officials [originally] hailed the gift, with the alumni association's website declaring 'Martin Shkreli, from the Class of 2001, donates $1,000,000 to HCHS!' When asked [later] whether Hunter was considering returning the money, a press officer declined to comment. Two members of the alumni association did not respond to emails. Several classmates say that when they heard about Mr. Shkreli's gift, they could not help but wonder whether it was meant as a sly act of one-upmanship." One of the classmates told the Times: "I thought it was weird since he hadn't graduated. It seemed almost like a 'take that' m
ove".


Career
During Shkreli's time at Cramer, Berkowitz and Company, he recommended short-selling (shorting) a biotech stock, believing that the company's share price would drop. When it did so, Cramer's hedge fund profited. In 2003, Regeneron Pharmaceuticals was testing a weightâ€'loss drug, and Shkreli, then 19, predicted that the stock price would fall. Shkreli's prediction drew the attention of the Securities and Exchange Commission, which investigated Shkreli's knowledge about the stock but found no wrongdoing on his part.


Hedge funds founded
After four years as an associate at Cramer Berkowitz, Shkreli worked as an analyst for Intrepid Capital Management and UBS Wealth Management. He then started his first hedge fund, Elea Capital Management, in 2006. In October 2007, Lehman Brothers won a $2.3 million default judgment against Shkreli and Elea, but Lehman collapsed before it could collect on the ruling.
In September 2009, Shkreli launched MSMB Capital Management, which took its name from the initials of the two founding portfolio managers, Shkreli and his childhood friend Marek Biestek. Shkreli and Biestek shorted biotech companies, then described flaws in the companies on stock trading chat rooms.
MSMB traded Orexigen Therapeutics stock in February 2011, around the time that its price plunged when the Food and Drug Administration (FDA) declined to approve the drug Contrave.
In 2011, Shkreli filed requests with the FDA to reject a new cancer diagnostic device from Navidea Biopharmaceuticals and an inhalable insulin therapy from MannKind Corporation while publicly short-selling both companies' stocks, the values of which dropped after Shkreli's interventions. The companies had difficulty launching the products as a result, although the FDA ultimately approved both.


Retrophin
Shkreli founded Retrophin (NASDAQ: RTRX â€" the name is a portmanteau of "recombinant dystrophin" â€" in 2011, and ran it as a portfolio company with an emphasis on biotechnology, to create treatments for rare diseases.
In 2011, MSMB made an unsolicited bid for AMAG Pharmaceuticals, US$378 million, and in 2014, it acquired the rights to Thiola, a drug used to treat the rare disease cystinuria.
Retrophin's board decided to replace Shkreli in September 2014, and he resigned from the company the following month. He was replaced by Stephen Aselage. During Shkreli's tenure as CEO, the company's employees used alias Twitter accounts to make gangster rap jokes and encourage short selling of other biotech stocks. Critics argued that Shkreli was intelligent but too immature and unfocused for the job of CEO.
After Shkreli's departure, Retrophin filed a US$65 million lawsuit against him in August 2015, claiming that he had breached his duty of loyalty to the biopharmaceutical company in a long-running dispute over his use of company funds and "committed stock-trading irregularities and other violations of securities rules". The lawsuit alleged that Shkreli had threatened and harassed a former MSMB employee and his family. Shkreli and some of his business associates have been under criminal investigation by the U.S. Attorney for the Eastern District of New York since January 2015. Shkreli invoked his Fifth Amendment right against self-incrimination in order to avoid testifying during civil depositions.
Shkreli's name is on two patents held by Retrophin for drugs to treat PKAN.


Turing Pharmaceuticals
Shkreli founded Turing Pharmaceuticals in February 2015, after his departure from Retrophin. He launched Turing with three drugs in development acquired from Retrophin: an intranasal version of ketamine for depression, an intranasal version of oxytocin, and Vecamyl for hypertension. Shkreli set a business strategy for Turing: to obtain licenses on out-of-patent medicines and reevaluate the pricing of each in pursuit of windfall profits for the new company, without the need to develop and bring its own drugs to market. As markets for out-of-patent drugs are often small, and obtaining regulatory approval to manufacture a generic version is expensive, Turing calculated that with closed distribution for the product and no competition, it could set high prices.


Price hike controversy
In accordance with Shkreli's business plan, Turing acquired Daraprim (pyrimethamine) â€" an FDA-approved therapeutic since 1953 â€" for US$55 million on August 10, 2015, from Impax Laboratories. The drug's most prominent use as of late 2015 was as an anti-malarial and an antiparasitic, in conjunction with leucovorin and a sulfonamide, to treat patients with toxoplasmosis, including in AIDS populations. The patent for Daraprim expired in 1953, and no generic version was available. The Turingâ€"Impax deal included the condition that Impax remove the drug from regular wholesalers and pharmacies, and so in June 2015, two months before the sale to Turing was announced, Impax switched to tightly controlled distribution. In keeping with its strategy for pricing in the face of limited competition (see above), Turing maintained the closed distribution.
On September 17, 2015, Dave Muoio of Healio, an in-depth clinical information website for health care specialists, reported on a letter from the Infectious Diseases Society of America and the HIV Medicine Association to executives at Turing, questioning a new pricing for Daraprim. The price of a dose of the drug in the U.S. market increased from US$13.50 to US$750 per pill, overnight, a 5,556 percent increase.
The price increase was initially criticized, jointly, by the Infectious Diseases Society of America and the HIV Medicine Association, by the Pharmaceutical Research and Manufacturers of America, and soon thereafter by presidential candidates Hillary Clinton, Bernie Sanders, and Donald Trump. A subsequent organized effort called on Turing to return pricing to pre-September levels and to address several matters relating to the needs of patients, an effort that garnered endorsements from more than 160 medicalâ€'specialty and patientâ€'related organizations (as of December 2015, 164 organizations from 31 states, the District of Columbia, and Puerto Rico).
In response to the controversy, the record label Collect Records publicly ended its business relationship with Shkreli, who had invested in the company.
In an interview with Bloomberg Markets, Shkreli claimed that despite the price increase, patient co-pays would actually be lower; that many patients would get the drug at no cost; that Turing has expanded its free drug program; and that it sold half of its drugs for one dollar. He defended the price hike by saying, "If there was a company that was selling an Aston Martin at the price of a bicycle, and we buy that company and we ask to charge Toyota prices, I don’t think that that should be a crime". A few days later, Shkreli announced that he planned to lower the price by an unspecified amount, "in response to the anger that was felt by people". But in late November, Turing reversed course and said it would not lower the price after all. Following a request by Senator Bernie Sanders and Representative Elijah Cummings for details of Turing Pharmaceuticals' finances and price-setting practices in September 2015, the company hired four lobbyists from Buchanan, Ingersoll & Rooney with
backgrounds in health care legislation and pharmaceutical pricing. In addition to the lobbyists, Shkreli hired a crisis public relations firm to help explain the pricing decision.
On October 22, 2015, Mark Baum, CEO of Imprimis Pharmaceuticals, announced that his company would provide a compounded (co-formulated) form of pyrimethamine, Daraprim's active agent, containing leucovorin, one of two drugs (alongside a sulfonamide) in the standard protocol to treat toxoplasmosis in AIDS and other populations.
Baum noted, "This is not the first time a sole supply generic drug â€" especially one that has been approved for use as long as Daraprim â€" has had its price increased suddenly and to a level that may make it unaffordable". He announced the availability of the compounded replacement for Daraprim as a part of a larger corporate program, "Imprimis Cares", to make "novel and customizable medicines available to physicians and patients ... at accessible prices". Imprimis is now offering its compounded, orally taken formulations of pyrimethamine and leucovorin beginning at US$99 for a 100â€'count bottle, essentially a dollar a dose.
On November 23, 2015, Turing announced that the company would not reduce the list price of Daraprim, but said it planned instead to negotiate volume discounts of up to 50% for hospitals. Turing said it was not as important to cut the list price as to reduce the cost to hospitals, where most patients get their initial treatment. The company pledged that no patient needing Daraprim would ever be denied access. Infectious disease specialists and patient advocates, including Tim Horn of the Treatment Action Group and Carlos del Rio of the HIV Medicine Association, said Turing's actions were insufficient, given that patients initially treated for days at a hospital typically have to continue the treatment for weeks or months after leaving.


KaloBios Pharmaceuticals
In November 2015, an investor group led by Shkreli acquired a majority stake in KaloBios Pharmaceuticals (NASDAQ: KBIO), a biopharmaceutical company based in South San Francisco, California. Shkreli was named CEO of the company and also planned to continue in the role of CEO of Turing Pharmaceuticals. After his December 2015 arrest, KaloBios Pharmaceuticals terminated him as CEO. On December 29, 2015, KaloBios filed for Chapter 11 bankruptcy. This followed NASDAQ delisting its shares, and the resignation of two directors.


Criminal prosecution
On December 17, 2015, Shkreli was arrested by the FBI after a federal indictment in the U.S. District Court for the Eastern District of New York was filed, charging him with securities fraud. The charges were filed after an investigation into his tenure at MSMB Capital Management and Retrophin. He was accused of running a Ponzi-like scheme. A United States Department of Justice press release said, "As alleged, Martin Shkreli engaged in multiple schemes to ensnare investors through a web of lies and deceit". In an interview with The Wall Street Journal, Shkreli said that he was targeted by law enforcement for his price hikes of the drug Daraprim and his flamboyant personality.
In his nationally syndicated column, political commentator Robert Reich wrote that what Shkreli did wrong was to be more audacious while "play[ing] the same game many others are playing on Wall Street and in corporate suites".
In early 2016, Shkreli retained criminal defense attorney Benjamin Brafman to defend him.


Testimony before Congress
Shkreli was subpoenaed to appear before the Committee on Oversight and Government Reform of the U.S. House of Representatives to answer questions about the Daraprim price increase. Shkreli's efforts to quash the subpoena were unsuccessful.
On February 4, 2016, Shkreli appeared before the House committee, along with Nancy Retzlaff, the Chief Commercial Officer of Turing, and Howard B. Schiller, the interim CEO of Valeant.
Retzlaff answered questions on Turing's finances and commercial decision making around commercial cost, while Shkreli followed advice from his counsel to exercise his Fifth Amendment right against self-incrimination by refusing to answer most questions, some of which related to personal issues like his Wu-Tang album. Later the same day, Shkreli wrote a public message on Twitter reading, "Hard to accept that these imbeciles represent the people in our government".


Other projects
Shkreli is a League of Legends player who goes by the name "Imagine Cerebral" and began expressing interest in purchasing an eSports team in 2014. In May, Enemy eSports announced that it had rejected a US$1.2 million offer from Shkreli. Eventually, he founded his own team, Odyssey eSports, and aimed to qualify for the 2015 North American League of Legends Challenger Series. The team lost to Cloud9 Tempest in the qualifying tournament and failed to qualify. In August, Odyssey merged with Imagine, with Shkreli becoming chairman of the team. During the merger, the team acquired the Dota 2 team Leviathan.
In November 2015, Shkreli began livestreaming on YouTube showing him playing games such as League of Legends and chess, as well as offering financial advice. Shkreli had previously streamed on the website Twitch but switched to YouTube after his account was banned from Twitch for unknown reasons. Shkreli received a phone call from the FBI on the day of his arrest live while streaming. When Shkreli was arraigned in December and released on bail, he continued streaming from his apartment.
Shkreli had a contract with Collect Records and has offered to bail out Bobby Shmurda.


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waterboarding

waterboarding
waterboarding
waterboarding 2016-02-07
waterboarding 2016
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Waterboarding is a form of water torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the individual to experience the sensation of drowning. Waterboarding can cause extreme pain, dry drowning, damage to lungs, brain damage from oxygen deprivation, other physical injuries including broken bones due to struggling against restraints, lasting psychological damage, and death. Adverse physical consequences can manifest themselves months after the event, while psychological effects can last for years.
In the most common method of waterboarding, the captive's face is covered with cloth or some other thin material, and the subject is immobilized on their back at an incline of 10 to 20 degrees. Torturers pour water onto the face over the breathing passages, causing an almost immediate gag reflex and creating a drowning sensation for the captive. Vomitus travels up the esophagus, which may then be inhaled. Victims of waterboarding are at extreme risk of sudden death due to the aspiration of vomitus.

The term water board torture appeared in press reports as early as 1976. In late 2007, it was widely reported that the United States Central Intelligence Agency (CIA) was waterboarding extrajudicial prisoners and that the Office of Legal Counsel, Department of Justice, had authorized the procedure among enhanced interrogation techniques. The CIA confirmed having waterboarded three Al-Qaeda suspects: Abu Zubaydah, Khalid Sheikh Mohammed, and Abd al-Rahim al-Nashiri, in 2002 and 2003.
In August 2002 and March 2003, in its war on terror, the George W. Bush administration, through Jay S. Bybee, the Office of Legal Counsel, Department of Justice, issued what became known as the Torture Memos after being leaked in 2004. These legal opinions (including the 2002 Bybee memo) argued for a narrow definition of torture under US law. The first three were addressed to the CIA, which took them as authority to use the described enhanced interrogation techniques (more generally classified as torture) on detainees classified as enemy combatants. Five days before the March 2003 invasion of Iraq, John Yoo, the acting Office of Legal Counsel, issued a fourth memo to the General Counsel of DOD, concluding his legal opinion by saying that federal laws related to torture and other abuse did not apply to interrogations overseas. The legal opinions were withdrawn by Jack Goldsmith of the OLC in June 2004 but reaffirmed by the succeeding head of the OLC in December 2004. US government off
icials at various times said they did not believe waterboarding to be a form of torture.
In 2006, the Bush administration banned torture including waterboarding on detainees. In January 2009, U.S. President Barack Obama issued a similar ban on the use of waterboarding and other forms of torture in interrogations of detainees. In April 2009, the U.S. Department of Defense refused to say whether waterboarding is still used for training (e.g., SERE) US military personnel in resistance to interrogation.
In December 2014, the Senate Select Committee on Intelligence issued a declassified 500 page summary of its still classified 6,700 page report on the Central Intelligence Agency (CIA) Detention and Interrogation Program. The report concluded that "the CIA's use of enhanced interrogation techniques (EIT) was not effective for acquiring intelligence or gaining cooperation from detainees." According to the report, the CIA had presented no credible proof that information obtained through waterboarding or the other harsh interrogation methods that the CIA employed prevented any attacks or saved any lives. There was no evidence that information obtained from the detainees through EIT was not or could not have been obtained through conventional interrogation methods.
In June 2015, in response to a critical assessment of China in the U.S. State Department's annual human rights report, China noted that the U.S., among other alleged human rights abuses, engaged in torture of terrorism suspects, specifically by waterboarding.
In 2015, various Republican presidential candidates indicated their willingness to bring back waterboarding as an interrogation technique. Donald Trump stated he would do so "in a heartbeat" because he believes it works, and if it doesn't, "they deserve it anyway." Ben Carson would not rule out approving its use and nor would Jeb Bush. Carly Fiorina endorsed its use, as did Rick Perry and Rick Santorum.


EtymologyEdit
While the technique has been used in various forms for centuries, the term water board was recorded first in a 1976 UPI report: "A Navy spokesman admitted use of the ‘water board’ torture . . . to ‘convince each trainee that he won’t be able to physically resist what an enemy would do to him.’" The verb-noun waterboarding dates from 2004. First appearance of the term in the mass media was in a New York Times article on 13 May 2004:

In the case of Khalid Shaikh Mohammed, a high-level detainee who is believed to have helped plan the attacks of Sept. 11, 2001, C.I.A. interrogators used graduated levels of force, including a technique known as 'water boarding', in which a prisoner is strapped down, forcibly pushed under water and made to believe he might drown.

U.S. attorney Alan Dershowitz is reported to have shortened the term to a single word in a Boston Globe article two days later: "After all, the administration did approve rough interrogation methods for some high valued detainees. These included waterboarding, in which a detainee is pushed under water and made to believe he will drown unless he provides information, as well as sensory deprivation, painful stress positions, and simulated dog attacks". Dershowitz later told the New York Times columnist William Safire that, "when I first used the word, nobody knew what it meant."
Techniques using forcible drowning to extract information had hitherto been referred to as "water torture", "water treatment", "water cure" or simply "torture".
Professor Darius Rejali of Reed College, author of Torture and Democracy (2007), speculates that the term waterboarding probably has its origin in the need for a euphemism.

"There is a special vocabulary for torture. When people use tortures that are old, they rename them and alter them a wee bit. They invent slightly new words to mask the similarities. This creates an inside club, especially important in work where secrecy matters. Waterboarding is clearly a jailhouse joke. It refers to surfboarding"â€" a word found as early as 1929â€" "they are attaching somebody to a board and helping them surf. Torturers create names that are funny to them."

Webster's Dictionary first included the term in 2009: "[A]n interrogation technique in which water is forced into a detainee's mouth and nose so as to induce the sensation of drowning."


TechniqueEdit
Waterboarding was characterized in 2005 by former CIA director Porter J. Goss as a "professional interrogation technique". According to press accounts, a cloth or plastic wrap is placed over or in the person's mouth, and water is poured onto the person's head. Press accounts differ on the details of this technique â€" one article describes "dripping water into a wet cloth over a suspect's face", while another states that "cellophane is wrapped over the prisoner's face and water is poured over him".

The United States' Office of Legal Counsel in August 2002 responded to the request by the CIA for a legal opinion regarding the use of certain interrogation techniques. It included the following account of the CIA's definition of waterboarding in a Top Secret 2002 memorandum as follows:

In this procedure, the individual is bound securely to an inclined bench, which is approximately four feet by seven feet. The individual's feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air flow is slightly restricted for 20 to 40 seconds due to the presence of the cloth... During those 20 to 40 seconds, water is continuously applied from a height of twelve to twenty-four inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths... The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout... You have... informed us that it is likely that this procedure would not last more than twenty minutes in any one application.

Historically in the West, the technique is known to have been used in the Spanish Inquisition. The suffocation of bound prisoners with water has been favored because, unlike most other torture techniques, it produces no marks on the body. CIA officers who have subjected themselves to the technique have lasted an average of 14 seconds before capitulating. According to at least one former CIA official, information retrieved from the waterboarding may not be reliable because a person under such duress may admit to anything, as harsh interrogation techniques lead to false confessions. "The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law", says John Sifton of Human Rights Watch. It is "bad interrogation. I mean you can get anyone to confess to anything if the torture's bad enough", said former CIA officer Bob Baer. There was considerable dissension within the Bush administration over the use of these techn
iques; both military investigators and the FBI opposed them.


Reported demonstrationsEdit

In 2006 and 2007, Fox News and Current TV, respectively, demonstrated a waterboarding technique. In the videos, each correspondent is held against a board by the "interrogators".
Christopher Hitchens voluntarily subjected himself to a filmed demonstration of waterboarding in 2008, an experience which he recounted in Vanity Fair. He was bound on a horizontal board with a black mask over his face. A group of men said to be highly trained in this tactic, who demanded anonymity, carried out the torture. Hitchens was strapped to the board at the chest and feet, face up, and unable to move. Metal objects were placed in each of his hands, which he could drop if feeling "unbearable stress". The interrogator placed a towel over Hitchens' face, and poured water on it. After 16 seconds, Hitchens threw the metal objects to the floor and the torturers pulled the mask from his face, allowing him to breathe. In his article on the topic, he stated "Well, then, if waterboarding does not constitute torture, then there is no such thing as torture."


Mental and physical effectsEdit
Dr. Allen Keller, the director of the Bellevue Hospital/New York University Program for Survivors of Torture, has treated "a number of people" who had been subjected to forms of near-asphyxiation, including waterboarding. In an interview for The New Yorker, he argued that "it was indeed torture. 'Some victims were still traumatized years later', he said. One patient couldn't take showers, and panicked when it rained. 'The fear of being killed is a terrifying experience', he said". Keller also gave a full description in 2007 in testimony before the U.S. Senate Select Committee on Intelligence on the practice:
The CIA's Office of Medical Services noted in a 2003 memo that "for reasons of physical fatigue or psychological resignation, the subject may simply give up, allowing excessive filling of the airways and loss of consciousness".
In an open letter in 2007 to U.S. Attorney General Alberto Gonzales, Human Rights Watch asserted that waterboarding can cause the sort of "severe pain" prohibited by 18 USC 2340 (the implementation in the United States of the United Nations Convention Against Torture), that the psychological effects can last long after waterboarding ends (another of the criteria under 18 USC 2340), and that uninterrupted waterboarding can ultimately cause death.


Classification as tortureEdit
Waterboarding is considered to be torture by a wide range of authorities, including legal experts, politicians, war veterans, intelligence officials, military judges, and human rights organizations. David Miliband, then United Kingdom Foreign Secretary, described it as torture on 19 July 2008, and stated "the UK unreservedly condemns the use of torture". Arguments have been put forward that it might not be torture in all cases, or that it is unclear. The U.S. State Department has recognized "submersion of the head in water" as torture in other circumstances, for example, in its 2005 Country Report on Tunisia.
The United Nations' Report of the Committee Against Torture: Thirty-fifth Session of November 2006, stated that state parties should rescind any interrogation techniques, such as waterboarding, that constitutes torture or cruel, inhuman, or degrading treatment or punishment.


Classification in the U.S.Edit
Whether waterboarding should be classified as a method of torture was not widely debated in the United States before it was alleged, in 2004, that members of the CIA had used the technique against certain suspected detained terrorists.
Subsequently, the U.S. government released a memorandum written in 2002 by the Office of Legal Counsel that came to the conclusion that waterboarding did not constitute torture and could be used to interrogate subjects. The OLC reasoned that "in order for pain or suffering to rise to the level of torture, the statute requires that it be severe" and that waterboarding did not cause severe pain or suffering either physically or mentally.
For over three years during the George W. Bush administration, the Justice Department’s Office of Professional Responsibility conducted an investigation into the propriety of this and other memos by the Justice Department on waterboarding and other "enhanced" interrogation techniques. The OPR report findings were that former Deputy AAG John Yoo committed intentional professional misconduct and that former AAG Jay Bybee committed professional misconduct. These findings were dismissed in a memo from Associate Deputy Attorney General David Margolis who found that Yoo showed "poor judgment" but did not violate ethical standards. Commentators have noted that the memos omitted key relevant precedents, including a Texas precedent under then-Governor George W. Bush when the state convicted and sentenced to prison for 10 years a county sheriff for waterboarding a criminal suspect. Bush did not issue a pardon for the sheriff.
Former George W. Bush administration officials Dick Cheney and John Ashcroft have stated since leaving office that they do not consider waterboarding to be torture. At least one Republican member of the U.S. Congress, Ted Poe, has taken a similar position.
Other Republican officials have provided less definitive views regarding whether waterboarding is torture. Andrew C. McCarthy, a former Republican prosecutor including in the George W. Bush administration, has stated that when used in "some number of instances that were not prolonged or extensive", waterboarding should not qualify as torture under the law. McCarthy has also stated that "waterboarding is close enough to torture that reasonable minds can differ on whether it is torture" and that "[t]here shouldn't be much debate that subjecting someone to [waterboarding] repeatedly would cause the type of mental anguish required for torture".
Many former senior George W. Bush administration officials, on the other hand, have seriously questioned or directly challenged the legality of waterboarding. These include former State Department Counselor Philip Zelikow, former Deputy Secretary of State Richard Armitage, former Homeland Security Chief Tom Ridge, former head of the Office of Legal Counsel Jack Goldsmith, General Ricardo Sanchez, FBI Director Robert Mueller, and former Convening Authority for the Guantanamo military commissions Susan J. Crawford.
During his tenure as head of the Justice Department's Office of Legal Counsel in 2003â€"2004, Jack Goldsmith put a halt to the use of waterboarding as an interrogation technique because of serious concern over its legality, but Goldsmith's order was quickly reversed by others within the George W. Bush administration.
A Republican 2008 candidate for president, Senator John McCain who himself was tortured during his 5-1/2 years as a prisoner of war in North Vietnam during the Vietnam War, has stated unequivocally several times that he considers waterboarding to be torture:

Professors such as Professor Wilson R. Huhn have also challenged the legality of waterboarding.
In May 2008, author and journalist Christopher Hitchens voluntarily underwent waterboarding and concluded that it was torture. He also noted that he suffered ongoing psychological effects from the ordeal.
On 22 May 2009, radio talk show host Erich "Mancow" Muller subjected himself to waterboarding to prove that it is not torture, but changed his mind because of the experience.
Sean Hannity, another commentator who claims that waterboarding is not torture and has described those who oppose waterboarding as "moral fools", had declared on 22 April 2009 that he would similarly subject himself to waterboarding to prove that it is not torture. Hannity has yet to subject himself to the technique even though Keith Olbermann and Jesse Ventura have made public wagers regarding Hannity's inability to withstand the treatment.
In an 11 May 2009 interview with Larry King, Ventura stated:

On 15 January 2009, U.S. President-elect Barack Obama's nominee for Attorney General, Eric Holder, told his Senate confirmation hearing that waterboarding is torture and the President cannot authorize it. In a press conference on 30 April, President Obama also stated, "I believe waterboarding was torture, and it was a mistake."


Description by U.S. mediaEdit
In covering the debate on the use of waterboarding as an interrogation technique by the U.S. government, U.S. reporters had to decide whether to use the term "torture" or "enhanced interrogation techniques" to describe waterboarding. National Public Radio's ombudsman detailed this debate and why NPR had decided to refrain from using the word torture to describe waterboarding. Due to criticism of the policy by the media and to NPR directly, a second piece was written to further explain their position and a desire to describe the technique rather than simply describe it as torture.
Examining the four newspapers with the highest daily circulation in the country (The New York Times, The Los Angeles Times, The Wall Street Journal and USA Today) a student group of the Joan Shorenstein Center on the Press, Politics and Public Policy found a significant and sudden shift in how the newspapers characterized waterboarding from the early 1930s until the modern story broke in 2004.
Salon.com released a report titled "Water boarding for Dummies" in November 2010. The article includes far more details than had been previously known to exist.


Historical usesEdit


Spain 1500sEdit
A form of torture similar to waterboarding called toca, and more recently "Spanish water torture", to differentiate it from the better known Chinese water torture, along with garrucha (or strappado) and the most frequently used potro (or the rack). This was used infrequently during the trial portion of the Spanish Inquisition process. "The toca, also called tortura del agua, consisted of introducing a cloth into the mouth of the victim, and forcing them to ingest water spilled from a jar so that they had the impression of drowning". William Schweiker claims that the use of water as a form of torture also had profound religious significance to the Inquisitors.
In general, waterboarding seemed to be very extended in the Spanish detention centers in the 1500s. Books from the time explain how to treat persons in custody, and used this "light" form of torture. After a specific way of beating, body, legs and arms, it was detailed how to pour 4 cuartillos (approx. 2.5 liters) of water over mouth and nose, with a covering cloth, making sure there was some cloth introduced in the mouth so water could also get in.


Flemish InquisitionEdit
In Joos de Damhouder's Praxis rerum criminalium (1554), a manual on the practice of criminal law, the chapter on torture and interrogation is illustrated with a woodcut of waterboarding, which it describes in detail. The Martyr's Mirror depicts one incident of waterboarding used against the early Mennonites thus:

And as they did still not obtain anything from me, to the implication of my neighbor, Master Hans took water (during the entire time a cloth had lain on my face), and holding my nose shut with one hand, began to pour water on my abdomen and thence all over my breast, and into my mouth; even as one should drink when he is very thirsty. I think that the can from which he poured out â€" the water held about three pints. And when I was at the end of my breath, and wanted to fetch such, I drew the water all into my body, whereupon I suffered such distress, that it would be impossible for me to relate or describe it; but the Lord be forever praised: He kept my lips. And when they could still not obtain anything from me, they caused the cord which was on my thigh to be loosed and applied to a fresh place, and wound it much tighter than before, so that I thought he would kill me, and began to shake and tremble greatly. He then proceeded to pour water into me again, so that I think he emptied
four such cans, and my body became so full of it, that twice it came out again at the throat. And thus I became so weak. that I fainted; for, when I recovered from my swoon, I found myself alone with Master Hans and Daniel de Keyser. And Master Hans was so busily engaged in loosing all my cords, that it seemed to me that they were concerned over me. But the Lord in a large degree took away my pain every time; whenever it became so severe that I thought it was impossible to bear it, my members became as dead. Eternal praise, thanks, honor, and glory be to the Lord; for when it was over I thought that, by the help of the Lord, I had fought a good fight.


Colonial timesEdit

Agents of the Dutch East India Company used a precursor to waterboarding during the Amboyna massacre of English prisoners, which took place on the island of Amboyna in the Molucca Islands in 1623. At that time, it consisted of wrapping cloth around the victim's head, after which the torturers "poured the water softly upon his head until the cloth was full, up to the mouth and nostrils, and somewhat higher, so that he could not draw breath but he must suck in all the water". In one case, the torturer applied water three or four times successively until the victim's "body was swollen twice or thrice as big as before, his cheeks like great bladders, and his eyes staring and strutting out beyond his forehead".


American prisons prior to World War IIEdit
An editorial in The New York Times of 6 April 1852, and a subsequent 21 April 1852 letter to the editors documents an incidence of waterboarding, then called "showering" or "hydropathic torture", in New York's Sing Sing prison of an inmate named Henry Hagan, who, after several other forms of beating and mistreatment, had his head shaved, and "certainly three, and possibly a dozen, barrels of water were poured upon his naked scalp". Hagan was then placed in a yoke. A correspondent listed only as "H" later wrote: "Perhaps it would be well to state more fully the true character of this 'hydropathic torture.' The stream of water is about one inch in diameter, and falls from a hight [sic] of seven or eight feet. The head of the patient is retained in its place by means of a board clasping the neck; the effect of which is, that the water, striking upon the board, rebounds into the mouth and nostrils of the victim, almost producing strangulation. Congestion, sometimes of the heart or lungs,
sometimes of the brain, not unfrequently [sic] ensues; and death, in due season, has released some sufferers from the further ordeal of the water cure. As the water is administered officially, I suppose that it is not murder!" H. then went on to cite an 1847 New York law which limited prison discipline to individual confinement "upon a short allowance."
Prisoners in late 19th-century Alabama, and in Mississippi in the first third of the 20th century, also suffered waterboarding. In Alabama, in lieu of or in addition to other physical punishment, a "prisoner was strapped down on his back; then 'water [was] poured in his face on the upper lip, and effectually stop[ped] his breathing as long as there [was] a constant stream'." In Mississippi, the accused was held down, and water was poured "from a dipper into the nose so as to strangle him, thus causing pain and horror, for the purpose of forcing a confession."


By the U.S. in the Philippines after 1898Edit

After the Spanishâ€"American War of 1898 in the Philippines, the U.S. army used waterboarding, called the "water cure" at the time. It is not clear where this practice came from; it probably was adopted from the Filipinos, who themselves adopted it from the Spanish. Reports of "cruelties" from soldiers stationed in the Philippines led to Senate hearings on U.S. activity there.
Testimony described the waterboarding of Tobeniano Ealdama "while supervised by ...Captain/Major Edwin F. Glenn (Glenn Highway)".
Elihu Root, United States Secretary of War, ordered a court martial for Glenn in April 1902." During the trial, Glenn "maintained that the torture of Ealdama was 'a legitimate exercise of force under the laws of war.'"
Though some reports seem to confuse Ealdama with Glenn, Glenn was found guilty and "sentenced to a one-month suspension and a fifty-dollar fine", the leniency of the sentence due to the "circumstances" presented at the trial.
President Theodore Roosevelt privately rationalized the instances of "mild torture, the water cure" but publicly called for efforts to "prevent the occurrence of all such acts in the future". In that effort, he ordered the court-martial of General Jacob H. Smith on the island of Samar, "where some of the worst abuses had occurred". When the court-martial found only that he had acted with excessive zeal, Roosevelt disregarded the verdict and had the General dismissed from the Army.
Roosevelt soon declared victory in the Philippines, and the public lost interest in "what had, only months earlier, been alarming revelations".


By U.S. police before the 1940sEdit
The use of "third degree interrogation" techniques to compel confession, ranging from "psychological duress such as prolonged confinement to extreme violence and torture", was widespread in early American policing. Lassiter classified the water cure as "orchestrated physical abuse", and described the police technique as a "modern day variation of the method of water torture that was popular during the Middle Ages". The technique employed by the police involved either holding the head in water until almost drowning, or laying on the back and forcing water into the mouth or nostrils. Such techniques were classified as "'covert' third degree torture" since they left no signs of physical abuse, and became popular after 1910 when the direct application of physical violence to force a confession became a media issue and some courts began to deny obviously compelled confessions. The publication of this information in 1931 as part of the Wickersham Commission's "Report on Lawlessness in Law
Enforcement" led to a decline in the use of third degree police interrogation techniques in the 1930s and 1940s.


World War IIEdit
During World War II, both Japanese military personnel, especially the Kempeitai, and the officers of the Gestapo, the German secret police, used waterboarding as a method of torture. During the Japanese occupation of Singapore, the Double Tenth Incident occurred. This included waterboarding, by the method of binding or holding down the victim on his back, placing a cloth over his mouth and nose, and pouring water onto the cloth. In this version, interrogation continued during the torture, with the interrogators beating the victim if he did not reply and the victim swallowing water if he opened his mouth to answer or breathe. When the victim could ingest no more water, the interrogators would beat or jump on his distended stomach.
Chase J. Nielsen, one of the U.S. airmen who flew in the Doolittle raid following the attack on Pearl Harbor, was subjected to waterboarding by his Japanese captors. At their trial for war crimes following the war, he testified "Well, I was put on my back on the floor with my arms and legs stretched out, one guard holding each limb. The towel was wrapped around my face and put across my face and water poured on. They poured water on this towel until I was almost unconscious from strangulation, then they would let up until I'd get my breath, then they'd start over again... I felt more or less like I was drowning, just gasping between life and death." In 2007, Senator John McCain claimed that the United States military hanged Japanese soldiers for waterboarding American prisoners of war during World War II.


By the French in the Algerian WarEdit
The technique was also used during the Algerian War (1954â€"1962). French journalist Henri Alleg, who was subjected to waterboarding by French paratroopers in Algeria in 1957, is one of only a few people to have described in writing the first-hand experience of being waterboarded. His book La Question, published in 1958 with a preface by Jean-Paul Sartre subsequently banned in France until the end of the Algerian War in 1962, discusses the experience of being strapped to a plank, having his head wrapped in cloth and positioned beneath a running tap:

The rag was soaked rapidly. Water flowed everywhere: in my mouth, in my nose, all over my face. But for a while I could still breathe in some small gulps of air. I tried, by contracting my throat, to take in as little water as possible and to resist suffocation by keeping air in my lungs for as long as I could. But I couldn't hold on for more than a few moments. I had the impression of drowning, and a terrible agony, that of death itself, took possession of me. In spite of myself, all the muscles of my body struggled uselessly to save me from suffocation. In spite of myself, the fingers of both my hands shook uncontrollably. "That's it! He's going to talk", said a voice.
The water stopped running and they took away the rag. I was able to breathe. In the gloom, I saw the lieutenants and the captain, who, with a cigarette between his lips, was hitting my stomach with his fist to make me throw out the water I had swallowed.

Alleg stated that he did not break under his ordeal of being waterboarded. He also stated that the incidence of "accidental" death of prisoners being subjected to waterboarding in Algeria was "very frequent".


Vietnam WarEdit
Waterboarding was designated as illegal by U.S. generals in the Vietnam War. On 21 January 1968, The Washington Post published a controversial front-page photograph of two U.S soldiers and one South Vietnamese soldier participating in the waterboarding of a North Vietnamese POW near Da Nang. The article described the practice as "fairly common". The photograph led to the soldier being court-martialled by a U.S. military court within one month of its publication, and he was discharged from the army. Another waterboarding photograph of the same scene, referred to as "water torture" in the caption, is also exhibited in the War Remnants Museum in Ho Chi Minh City.


ChileEdit

Based on the testimonies from more than 35,000 victims of the Pinochet regime, the Chilean Commission on Political Imprisonment and Torture concluded that to provoke a near death experience, by waterboarding, is torture.


Khmer RougeEdit
The Khmer Rouge at the Tuol Sleng prison in Phnom Penh, Cambodia, used waterboarding as a method of torture between 1975 and 1979. The practice was perfected by Duch's lieutenants Mam Nai and Tang Sin Hean and documented in a painting by former inmate Vann Nath, which is on display in the Tuol Sleng Genocide Museum. The museum also has on display boards and other actual tools used for waterboarding during the Khmer Rouge regime.


Northern IrelandEdit
Evidence shows that the British Army in the Troubles subjected prisoners in Northern Ireland to torture and waterboarding during interrogations in the 1970s. Liam Holden was wrongfully arrested by British forces for the murder of a British soldier and became the last person in the United Kingdom to be sentenced to hang after being convicted in 1973, largely on the basis of an unsigned confession produced by torture. His death sentence was commuted to life imprisonment and he spent 17 years behind bars. On 21 June 2012, in the light of CCRC investigations which confirmed that the methods used to extract confessions were unlawful, Holden had his conviction quashed by the Court of Appeal in Belfast, at the age of 58. Former Royal Ulster Constabulary (RUC) interrogators during the Troubles admitted that beatings, sleep deprivation, waterboarding, and the other tortures were systematic, and were, at times, sanctioned at a very high level within the force.


Apartheid in the Union of South AfricaEdit
The South African Truth and Reconciliation Commission received testimony from Charles Zeelie and Jeffrey Benzien, officers of the South African Police under Apartheid, that they used waterboarding, referred to as "tubing", or the "wet bag technique" on political prisoners as part of a wide range of torture methods to extract information. Specifically, a cloth bag was wet and placed over victim's heads, to be removed only when they were near asphyxiation; the procedure was repeated several times. The TRC concluded that the act constituted torture and a gross human rights violation, for which the state was responsible.


U.S. military survival trainingEdit

All special operations units in all branches of the U.S. military and the CIA's Special Activities Division employ the use of waterboarding as part of survival school (Survival, Evasion, Resistance and Escape) training, to psychologically prepare soldiers for the possibility of being captured by enemy forces. John Yoo, former Deputy Assistant Attorney General under President Bush stated that the United States has subjected 20,000 of its troops to waterboarding as part of SERE training prior to deployment to Iraq and Afghanistan. Dr. Jerald Ogrisseg, former head of Psychological Services for the Air Force SERE School has stated in testimony before the U.S. Senate's Committee on Armed Services that there are fundamental differences between SERE training and what occurs in real world settings. Dr. Ogrisseg further states that his experience is limited to SERE training, but that he did not believe waterboarding to be productive in either setting.
Jane Mayer wrote for The New Yorker:

According to the SERE affiliate and two other sources familiar with the program, after September 11th several psychologists versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. Some of these psychologists essentially "tried to reverse-engineer" the SERE program, as the affiliate put it. "They took good knowledge and used it in a bad way", another of the sources said. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program.

and continues to report:

many of the interrogation methods used in SERE training seem to have been applied at Guantánamo.

However, according to a declassified Justice Department memo attempting to justify torture which references a still-classified report of the CIA Inspector General on the CIA's use of waterboarding, among other "enhanced" interrogation techniques, the CIA applied waterboarding to detainees "in a different manner" than the technique used in SERE training:

The difference was in the manner in which the detainees' breathing was obstructed. At the SERE school and in the DoJ opinion, the subject's airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the Agency interrogator ... applied large volumes of water to a cloth that covered the detainee's mouth and nose. One of the psychiatrist / interrogators acknowledged that the Agency's use of the technique is different from that used in SERE training because it is 'for real' and is more poignant and convincing.

According to the DOJ memo, the IG Report observed that the CIA's Office of Medical Services (OMS) stated that "the experience of the SERE psychologist / interrogators on the waterboard was probably misrepresented at the time, as the SERE waterboard experience is so different from the subsequent Agency usage as to make it almost irrelevant" and that "[c]onsequently, according to OMS, there was no a priori reason to believe that applying the waterboard with the frequency and intensity with which it was used by the psychologist/interrogators was either efficacious or medically safe."


Contemporary use and the United StatesEdit


Use by law enforcementEdit
In 1981 Texas sheriff James Parker and three of his deputies were convicted for conspiring to force confessions. The complaint said they "subject prisoners to a suffocating water torture ordeal to coerce confessions. This generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning". The sheriff was sentenced to ten years in prison, and the deputies to four years.


Use by intelligence officersEdit
The 21 June 2004 issue of Newsweek stated that the Bybee Memo, an early August 2002 legal memorandum drafted by John Yoo and signed by his boss, Jay S. Bybee, then head of the Office of Legal Counsel, described interrogation tactics against suspected terrorists or terrorist affiliates the George W. Bush administration would consider legal, was "prompted by CIA questions about what to do with a top Qaeda captive, Abu Zubaydah, who had turned uncooperative... and was drafted after White House meetings convened by George W. Bush's chief counsel, Alberto Gonzales, along with Defense Department general counsel William Haynes and David Addington, Vice President Dick Cheney's counsel, who discussed specific interrogation techniques", citing "a source familiar with the discussions". Amongst the methods they found acceptable was waterboarding. Jack Goldsmith, head of the Office of Legal Counsel (October 2003-June 2004) in the Department of Justice, later said this group was known as "the war
council".
In November 2005, ABC News reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other "enhanced interrogation techniques", against suspected members of al Qaeda.
On 20 July 2007, U.S. President George W. Bush signed an executive order banning torture during interrogation of terror suspects. While the guidelines for interrogation do not specifically ban waterboarding, the executive order refers to torture as defined by 18 USC 2340, which includes "the threat of imminent death", as well as the U.S. Constitution's ban on cruel and unusual punishment. Reaction to the order was mixed, with the CIA satisfied that it "clearly defined" the agency's authorities.
Human Rights Watch said that answers about what specific techniques had been banned lay in the classified companion document and that "the people in charge of interpreting [that] document don't have a particularly good track record of reasonable legal analysis".

On 14 September 2007, ABC News reported that sometime in 2006, CIA Director Michael Hayden asked for and received permission from the Bush administration to ban the use of waterboarding in CIA interrogations. A CIA spokesperson declined to discuss interrogation techniques, which he or she said "have been and continue to be lawful". ABC reported that waterboarding had been authorized by a 2002 Presidential finding. On 5 November 2007, The Wall Street Journal reported that its "sources confirm... that the CIA has only used this interrogation method against three terrorist detainees and not since 2003." John Kiriakou, a former CIA officer, is the first official within the U.S. government to openly admit to the use of waterboarding as an interrogation technique, as of 10 December 2007.
On 6 February 2008, CIA director General Michael Hayden stated that the CIA had waterboarded three prisoners during 2002 and 2003, namely Abu Zubaydah, Khalid Sheikh Mohammed, and Abd al-Rahim al-Nashiri.
On 23 February 2008, the Justice Department revealed that its internal ethics office was investigating the department's legal approval for waterboarding of al Qaeda suspects by the CIA and was likely to make public an unclassified version of its report.
On 15 October 2008, it was reported that the Bush administration had issued a pair of secret memos to the CIA in June 2003 and June 2004 explicitly endorsing waterboarding and other torture techniques against al-Qaeda suspects. The memos were granted only after "repeated requests" from the CIA, who at the time were worried that the White House would eventually try to distance themselves from the issue. Field employees in the agency believed they could easily be blamed for using the techniques without proper written permission or authority. Until this point, the Bush administration had never been concretely tied to acknowledging the torture practices.
In December 2008, Robert Mueller, the Director of the FBI since 5 July 2001, had said that despite Bush Administration claims that waterboarding has "disrupted a number of attacks, maybe dozens of attacks", he does not believe that evidence obtained by the U.S. government through enhanced interrogation techniques such as waterboarding disrupted one attack.
In an interview in January 2009, Dick Cheney acknowledged the use of waterboarding to interrogate suspects and said that waterboarding had been "used with great discrimination by people who know what they're doing and has produced a lot of valuable information and intelligence".
On 1 July 2009, the Obama administration announced that it was delaying the scheduled release of declassified portions of a report by the CIA Inspector General in response to a civil lawsuit. The CIA report reportedly cast doubt on the effectiveness of the torture used by CIA interrogators during the Bush administration. This was based on several George W. Bush-era Justice Department memos declassified in the Spring of 2009 by the U.S. Justice Department.


Abu ZubaydahEdit
Abu Zubaydah was waterboarded by the CIA.
In 2002, U.S. intelligence located Abu Zubaydah by tracing his phone calls. He was captured 28 March 2002, in a safehouse located in a two-story apartment in Faisalabad, Pakistan.
One of Abu Zubaydah's FBI interrogators, Ali Soufan, wrote a book about his experiences. He later testified to Congress that Zubaydah was producing useful information in response to conventional interrogation methods, including the names of Sheikh Mohammed and Jose Padilla. He stopped providing accurate information in response to harsh techniques. Soufan, one of the FBI's most successful interrogators, explained, "When they are in pain, people will say anything to get the pain to stop. Most of the time, they will lie, make up anything to make you stop hurting them. That means the information you're getting is useless."
Participating in his later interrogation by the CIA were two American psychologists, James Elmer Mitchell and R. Scott Shumate.
In December 2007, The Washington Post reported that there were some discrepancies regarding reports about the number of times Zubaydah was waterboarded. According to a previous account by former CIA officer John Kiriakou, Abu Zubaydah broke after just 35 seconds of waterboarding, which involved stretching cellophane over his mouth and nose and pouring water on his face to create the sensation of drowning. Kiriakou later admitted that he had no first hand knowledge of the interrogation and accused the CIA of using him to spread disinformation.
Former CIA operative John Kiriakou in 2007 told CNN's "American Morning" that the waterboarding of Al Qaeda's Abu Zubaydah indirectly led to the arrest of Khalid Sheikh Mohammed:
The former agent, who said he participated in the Abu Zubayda interrogation but not his waterboarding, said the CIA decided to waterboard the al Qaeda operative only after he was "wholly uncooperative" for weeks and refused to answer questions.
All that changed â€" and Zubayda reportedly had a divine revelation â€" after 30 to 35 seconds of waterboarding, Kiriakou said he learned from the CIA agents who performed the technique.
The terror suspect, who is being held at Guantanamo Bay, Cuba, reportedly gave up information that indirectly led to the the [sic] 2003 raid in Pakistan yielding the arrest of Khalid Sheikh Mohammed, an alleged planner of the September 11, 2001, attacks, Kiriakou said.
The CIA was unaware of Mohammed's stature before the Abu Zubayda interrogation, the former agent said.


Khalid Sheikh MohammedEdit
Khalid Sheikh Mohammed was waterboarded 183 times while being interrogated by the CIA.
Pakistani intelligence agents say Mohammed was carrying a letter from bin Laden at the time of his arrest, but there is no evidence he knew bin Laden's whereabouts. By this point, any information Mohammed had would have been years out of date.
After being subjected to repeated waterboarding, Mohammed claimed participation in thirty-one terrorist plots. On 15 June 2009, in response to a lawsuit by the ACLU, the government was forced to disclose a previously classified portion of a CIA memo written in 2006. It recounted Mohammed's telling the CIA that he "made up stories" to stop from being tortured. Legal experts cast serious doubt as to the validity of Mohammed's "confessions" as being false claims, and human rights activists raised serious concerns over the "sham process" of justice and use of torture.
During a radio interview on 24 October 2006, with Scott Hennen of radio station WDAY, Vice President Dick Cheney agreed with the use of waterboarding. The administration later denied that Cheney had confirmed the use of waterboarding, saying that U.S. officials do not talk publicly about interrogation techniques because they are classified. White House Press Secretary Tony Snow claimed that Cheney was not referring to waterboarding, despite repeated questions refused to specify what else Cheney was referring to by a "dunk in the water", and refused to confirm that this meant waterboarding.
On 13 September 2007, ABC News reported that a former intelligence officer stated that Khalid Sheikh Mohammed had been waterboarded in the presence of a female CIA supervisor.
On 2 June 2010, while speaking to the Economic Club of Grand Rapids, Michigan, former President Bush publicly confirmed his knowledge and approval of waterboarding Mohammed, saying "Yeah, we waterboarded Khalid Sheikh Mohammed...I'd do it again to save lives."


Obama administrationEdit

President Barack Obama banned the use of waterboarding and several other interrogation methods in January 2009. He reported that U.S. personnel must stick to the Army Field Manual guidelines. In early April 2009, the Obama administration released several classified Justice Department memos from the George W. Bush administration that discussed waterboarding.
Obama opposes the idea of legally prosecuting CIA personnel who committed waterboarding based upon legal advice provided by superiors. The American Civil Liberties Union has criticized his stance. In early April 2009, news reports stated that Obama would support an independent investigation over the issue as long as it would be bipartisan. On 23 April 2009, White House Press Secretary Robert Gibbs stated that the administration had changed its position and now opposes such an idea. The topic has been subject to heated internal debate within the White House.
National Intelligence Director Dennis Blair has stated that "high value information" came from waterboarding certain prisoners during the George W. Bush administration. He also commented that he could not know for sure whether or not other interrogation methods would have caused them to talk, had they been tried. In an administration memo that was publicly released, he wrote, "I do not fault those who made the decisions at that time, and I will absolutely defend those who carried out the interrogations within the orders they were given."
An April poll by Rasmussen Reports found that 77 percent of voters had followed the story in the media and that 58 percent believe that releasing the memos compromised American national security. On the issue of a further investigation, 58 percent disagreed while 28% agreed.
Obama detailed his view on waterboarding and torture in a press conference on 29 April 2009.
In May 2011, Obama authorized a successful commando raid to kill Osama Bin Laden. The extent to which waterboarding assisted in ascertaining the whereabouts of Bin Laden is a matter of dispute. Former Attorney General Michael Mukasey criticized the Obama administration for denying future missions the intelligence capability that made the raid possible: "Acknowledging and meeting the need for an effective and lawful interrogation program, which we once had, and freeing CIA operatives and others to administer it under congressional oversight, would be a fitting way to mark the demise of Osama bin Laden." CIA Director Leon Panetta, who supervised the operation that found and killed bin Laden, stated in an interview with NBC reporter Brian Williams: "…they used these enhanced interrogation techniques against some of these detainees. But I'm also saying, that the debate about whether we would have gotten the same information through other approaches, I think, is always going to be an op
en question."
Republican Senator John McCain, in a Washington Post opinion piece, disputed Mukasey's account, saying:

I asked CIA Director Leon Panetta for the facts, and he told me the following: The trail to bin Laden did not begin with a disclosure from Khalid Sheik Mohammed, who was waterboarded 183 times. The first mention of Abu Ahmed al-Kuwaiti â€" the nickname of the al-Qaeda courier who ultimately led us to bin Laden â€" as well as a description of him as an important member of al-Qaeda, came from a detainee held in another country, who we believe was not tortured. None of the three detainees who were waterboarded provided Abu Ahmed's real name, his whereabouts or an accurate description of his role in al-Qaeda.
In fact, the use of 'enhanced interrogation techniques' on Khalid Sheik Mohammed produced false and misleading information. He specifically told his interrogators that Abu Ahmed had moved to Peshawar, got married and ceased his role as an al-Qaeda facilitator â€" none of which was true. According to the staff of the Senate intelligence committee, the best intelligence gained from a CIA detainee â€" information describing Abu Ahmed al-Kuwaiti's real role in al-Qaeda and his true relationship to bin Laden â€" was obtained through standard, noncoercive means.

U.S. Attorney General Eric H. Holder Jr. announced on 30 August 2012 that no one would be prosecuted for the deaths of a prisoner in Afghanistan in 2002 and another in Iraq in 2003, eliminating the last possibility that any criminal charges will be brought as a result of the interrogations carried out by the CIA. The Justice Department closed its investigation of the CIA's use of severe interrogation methods, because investigators said they could not prove any agents crossed the lines authorized by the Bush administration in the "war on terror" program of detention and rendition. According to the New York Times the closing of the two cases means that the Obama administration’s limited effort to scrutinize the counterterrorism programs, such as waterboarding, carried out under President George W. Bush has come to an end.


Use by Islamic State of Iraq and the LevantEdit
In October 2014, John Cantlie reported that ISIL had waterboarded prisoners, "Some of us who tried to escape were waterboarded by our captors, as Muslim prisoners are waterboarded by their American captors."


EffectivenessEdit
Waterboarding and other forms of water torture have historically been used for 1) punishing, 2) forcing confessions for use in trials 3) eliciting false confessions for political purposes, and 4) obtaining factual intelligence for military purposes.


For Eliciting ConfessionsEdit
Waterboarding has also been effective for eliciting confessions, both truthful and false. Its use principally for obtaining confessions rather than as punishment dates back to the 15th century and the Spanish Inquisition. It was also in use for the same purpose, albeit illegally, by U.S. police officers as recently as 1981. During the Korean War, the North Koreans used several enhanced interrogation techniques (EIT) to achieve prisoner compliance and false confessions. Such techniques caused a U.S.airmen to falsely "confess" that there was a plan to use biological weapons against North Korea. After 9/11, CIA interrogators, sought to waterboard suspected terrorists to obtain actionable intelligence, but prisoners falsely confessed to whatever interrogators accused them of in order to stop the EIT. Khalid Shaykh Muhammad fabricated stories to give his tormentors "everything they wanted to hear." Later, he recanted, citing he was being tortured when he made up the stories. The same was
true for the "confessions" elicited by EIT on Riduan Isamuddin, aka Hambali.


For Obtaining Actionable IntelligenceEdit
Waterboarding's effectiveness as a technique for reliably obtaining truthful, useful intelligence has not been established. In May 2003, a senior CIA interrogator told the CIA’s Office of Inspector General that the EIT then being used by the CIA was modeled after U.S. resistance training to prepare servicemen for “physical torture” by North Vietnamese. This torture, including waterboarding, was intended to extract “confessions for propaganda purposes” from U.S. airman “who possessed little actionable intelligence.” If the CIA wanted to obtain useful information rather than false confessions, he said, the CIA needed “a different working model for interrogating terrorists.” Nonetheless, with the active support of former Vice President Dick Cheney, the CIA embraced the EIT approach proposed by two psychologists, James Elmer Mitchell and Bruce Jessen, neither of whom had interrogation experience. While Cheney continues to maintain that waterboarding has "produced phenom
enal results" including tracking down Osama bin Laden, the report of the Senate Select Committee on Intelligence concluded that "the CIA's use of its enhanced interrogation techniques was not an effective means of acquiring intelligence or gaining cooperation from detainees." There was no proof, according to the 6,700 page report, that information obtained through waterboarding prevented any attacks or saved any lives, or that information obtained from the detainees was not or could not have been obtained through conventional interrogation methods.


LegalityEdit


International lawEdit
All nations that are signatory to the United Nations Convention Against Torture have agreed they are subject to the explicit prohibition on torture under any condition. This was affirmed by Saadi v. Italy in which the European Court of Human Rights, on 28 February 2008, upheld the absolute nature of the torture ban by ruling that international law permits no exceptions to it. Article 2.2 of the Convention Against Torture states that "[n]o exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture." Additionally, signatories of the Universal Declaration of Human Rights are bound to Article 5, which states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Many signatories of the UN Convention Against Torture have made specific declarations and reservations regarding the interpretation of the term "torture" and
restricted the jurisdiction of its enforcement. However, UN High Commissioner for Human Rights, Louise Arbour, stated on the subject "I would have no problems with describing this practice as falling under the prohibition of torture", and that violators of the UN Convention Against Torture should be prosecuted under the principle of universal jurisdiction.
Bent Sørensen, Senior Medical Consultant to the International Rehabilitation Council for Torture Victims and former member of the United Nations Committee Against Torture has said:

It's a clear-cut case: Waterboarding can without any reservation be labeled as torture. It fulfils all of the four central criteria that according to the United Nations Convention Against Torture (UNCAT) defines an act of torture. First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death. You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation. In other words there is no doubt that waterboarding causes severe physical and/or mental sufferingâ€" one central element in the UNCAT's definition of torture. In addition the CIA's waterboarding clearly fulfills the three additional definition criteria stated in the Convention for a deed to be labeled torture, since it is 1) done intentionally, 2) for a specific purpose and 3) by a representative of a stateâ€" in this case the US.

Lt. Gen. Michael D. Maples, the director of the Defense Intelligence Agency, concurred by stating, in a hearing before the Senate Armed Services Committee, that he believes waterboarding violates Common Article 3 of the Geneva Conventions.
In a review of The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, by Jane Mayer, The New York Times reported on 11 July 2008, that "Red Cross investigators concluded last year in a secret report that the Central Intelligence Agency's interrogation methods for high-level Qaeda prisoners constituted torture and could make the Bush administration officials who approved them guilty of war crimes", that the techniques applied to Abu Zubaydah were "categorically" torture, and that Abu Zubaydah had told investigators that, contrary to what had been revealed previously, "he had been waterboarded at least 10 times in a single week and as many as three times in a day".
Shortly before the end of Bush's second term, news media in other countries were opining that under the United Nations Convention Against Torture, the U.S. is obligated to hold those responsible to account under criminal law.
The United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishmentâ€" Manfred Nowakâ€" on 20 January 2009, remarked on German television that, following the inauguration of Barack Obama as new President, George W. Bush has lost his head of state immunity and under international law, the U.S. is now mandated to start criminal proceedings against all those involved in violations of the UN Convention Against Torture. Law professor Dietmar Herz explained Novak's comments by saying that under U.S. and international law, former President Bush is criminally responsible for adopting torture as interrogation tool.


United States lawEdit
The United States Supreme Court in Sosa v. Alvarez-Machain, said that the Universal Declaration of Human Rights "does not of its own force impose obligations as a matter of international law." However, the United States has a historical record of regarding waterboarding as a war crime, and has prosecuted individuals for such practice in the past.
In 1947, during the Yokohama War Crimes Trials, the United States prosecuted a Japanese civilian who had served in World War II as an interpreter for the Japanese military, Yukio Asano, for "Violation of the Laws and Customs of War", asserting that he "did unlawfully take and convert to his own use Red Cross packages and supplies intended for" prisoners, but, far worse, that he also "did willfully and unlawfully mistreat and torture" prisoners of war. The charges against Asano included "beating using hands, fists, club; kicking; water torture; burning using cigarettes; strapping on a stretcher head downward." The specifications in the charges with regard to "water torture" consisted of "pouring water up [the] nostrils" of one prisoner, "forcing water into [the] mouths and noses" of two other prisoners, and "forcing water into [the] nose" of a fourth prisoner. Asano received a sentence of 15 years of hard labor.
Following the attacks of 11 September 2001, several memoranda, including the Bybee memo, were written analyzing the legal position and possibilities in the treatment of prisoners. The memos, known today as the "torture memos", advocate enhanced interrogation techniques, while pointing out that refuting the Geneva Conventions would reduce the possibility of prosecution for war crimes. In addition, a new definition of torture was issued. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S.
In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognized "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record, and critics of waterboarding draw parallels between the two techniques, citing the similar usage of water on the subject.
On 6 September 2006, the U.S. Department of Defense released a revised Army Field Manual entitled Human Intelligence Collector Operations that prohibits the use of waterboarding by U.S. military personnel. The department adopted the manual amid widespread criticism of U.S. handling of prisoners in the War on Terrorism, and prohibits other practices in addition to waterboarding. The revised manual applies only to U.S. military personnel, and as such does not apply to the practices of the CIA. Nevertheless, Steven G. Bradbury, acting head of the U.S. Department of Justice (DOJ) Office of Legal Counsel, on 14 February 2008 testified:

There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law.

In addition, both under the War Crimes Act and international law, violators of the laws of war are criminally liable under the command responsibility doctrine, and they could still be prosecuted for war crimes. Commenting on the torture memos, Scott Horton pointed out:

the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. That, after all, is the teaching of United States v. Altstötter, the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous "Night and Fog Decree".

Michael Mukasey's refusal to investigate and prosecute anyone that relied on these legal opinions led Jordan Paust of the University of Houston Law Center to write an article for JURIST stating:

it is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law. General Mukasey, just following orders is no defense!

On 22 February 2008, Senator Sheldon Whitehouse made public that "the Justice Department has announced it has launched an investigation of the role of top DOJ officials and staff attorneys in authorizing and/or overseeing the use of waterboarding by U.S. intelligence agencies."
Both houses of the United States Congress approved a bill by February 2008 that would ban waterboarding and other harsh interrogation methods, the Intelligence Authorization Act for Fiscal Year 2008. As he promised, President Bush vetoed the legislation on 8 March. His veto applied to the authorization for the entire intelligence budget for the 2008 fiscal year, but he cited the waterboarding ban as the reason for the veto. Supporters of the bill supporters lacked enough votes to overturn the veto.
On 22 January 2009, President Barack Obama signed an executive order that requires both U.S. military and paramilitary organizations to use the Army Field Manual as the guide on getting information from prisoners, moving away from the Bush administration tactics.


Examples in fictionEdit
Two films by French filmmaker Jean-Luc Godard feature waterboarding. 1963's Le Petit Soldat, about the Algerian War, features the technique during "a pivotal scene" of the film. Pierrot le fou, from 1965, includes a scene where main character Ferdinand Griffon is subjected to waterboarding by gangsters.
In the film G.I. Jane, Lieutenant Jordan O'Neil (played by Demi Moore) is waterboarded as part of her training to become part of the U.S. Navy Combined Reconnaissance Team.
Waterboarding is seen in the 2010 film Route Irish (film). The waterboarding scene was performed for real on actor Trevor Williams, after the results had not been satisfactory during earlier attempts at merely staging the act. Despite the knowledge that he was safe, the filming left him deeply disturbed and caused "weeks of panic attacks".
Waterboarding is seen in the film Safe House.
Waterboarding is seen in the film Zero Dark Thirty.
Waterboarding of a woman is briefly seen in the film series Prison break.
Waterboarding is seen in the film National Security.
Waterboarding is seen in the 2013 video game Grand Theft Auto V where one of the protagonists, Trevor Philips, tortures an Azerbaijani man (Mr. K), to force him to give out information about Tahir Javan, an Azerbaijani suspected in terrorist activities.
Waterboarding is seen in the 2010 film The Expendables with Sandra being the victim.
Frank uses waterboarding in season 4, episode 2 of the TV show It's Always Sunny in Philadelphia to get Dee to provide a false confession.
Waterboarding by the Japanese during World War II is the ultimate torment endured by Eric Lomax in the 2013 film, The Railway Man, a true story of a British Officer who spent much of the war as a POW.


Images of waterboarding in useEdit
While waterboarding has been depicted in several films and demonstrated at protest gatherings, images of its actual use are scarce. The CIA allegedly destroyed all videos it made of the procedure. The 1968 Washington Post photo of a captured North Vietnamese soldier being interrogated is arguably different because instead of being strapped to a board, the prisoner is held down by two soldiers as a third pours water from a canteen over a cloth covering face. One eye-witness depiction of waterboarding is a painting by Vann Nath, a Cambodian artist who was held captive and tortured by the Khmer Rouge. After his release in 1979 from Tuol Sleng Prison, he began to paint pictures of the abusive practices used there, including waterboarding, to let people know about them, saying of the prisoners he heard screaming for help: "I would like their souls to get something from what I paint." One of his waterboarding paintings depicts a sparse room with a man affixed to a board by iron bars. A clo
th covers his head. Another man pours water from a watering can over his face. A similar board and watering can are on display at the Toul Sleng museum. "Waterboarding of Abu Zubaydah", a drawing by Dmitry Borshch, has been exhibited at the Institute of Oriental Studies of the Russian Academy of Sciences, DePaul University, Brecht Forum, The Graduate Center, CUNY, and Palace of Culture and Science. In 2008, the Coney Island waterboarding thrill ride went on display in Coney Island amusement park: viewers would see two models, one a captive wearing an orange uniform who was spread-eagled on a tilted table, the other one a masked interrogator. When viewers inserted a dollar the interrogator figure would pour water onto a rag over the captive figures' nose and throat, upon which the captive figure would start convulsing.


See alsoEdit
At the Center of the Storm: My Years at the CIA
Command responsibility
Department of Defense Directive 2310
Dunking
Enhanced interrogation techniques
Torture and the United States
Water cure
Water torture


ReferencesEdit


Further readingEdit
Alleg, Henri (2006; original French version published in 1958). The Question. Preface by Jean-Paul Sartre. Translated by John Calder. Bison Books. ISBN 0-8032-5960-3. ISBN 978-0-8032-5960-7.
Bentham, Jeremy (2009 (1775)). The Rationale of Punishment, Book II, Chapter I, "Simple Afflictive Punishments", p.102. New York: Prometheus Books. ISBN 978-1-59102-627-3.
Cole, David (2013). The Torture Memos: Rationalizing the unthinkable. The New Press. ISBN 9781595584939.
Jones, Ishmael (2010) [2008]. The Human Factor: Inside the CIA's Dysfunctional Intelligence Culture. New York: Encounter Books. ISBN 978-1-59403-382-7.
McCoy, Alfred W. (2006). A question of torture: CIA interrogation, from the Cold War to the War on Terror. New York: Metropolitan Books. ISBN 0-8050-8041-4.
Human Rights Watch. (2006). Human Rights Watch World Report 2006 (Human Rights Watch World Report). New York: Seven Stories Press. ISBN 1-58322-715-6.
Paust, Jordan L. (2007). Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror. Cambridge, UK: Cambridge University Press. ISBN 0-521-88426-8.
Tushnet, Mark V.; Martin, Francisco Forrest; Stephen J. Schnably; Wilson, Richard; Simon, Jonathan (2006). International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis. Cambridge, UK: Cambridge University Press. ISBN 0-521-85886-0.
Report of the Committee Against Torture: Thirty-fifth Session (14â€"25 November 2005); Thirty-sixth Session (1 â€" May 19, 2006). United Nations Pubns. ISBN 92-1-810280-X.
Welch, Michael (2006). Scapegoats of September 11th: Hate Crimes & State Crimes in the War on Terror (Critical Issues in Crime and Society). New Brunswick, NJ: Rutgers. ISBN 0-8135-3896-3.


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