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Week of 3.7.08

The Candidates on Torture

To find out where the leading presidential candidates stand on the use of torture, NOW reviews key votes, public comments and official statements, when available.

Key Votes

2008: Army Field Manual Provision of the Intelligence Authorization Bill

A requirement that all government agencies, including the CIA, comply with the Army Field Manual on Interrogations guidelines on the treatment and interrogation of detainees, including prohibitions against waterboarding, forced nudity and mock executions.

Candidate Stances:

Sen. Hillary Clinton: DID NOT VOTE
Democratic presidential candidate Sen. Hillary Clinton missed the vote due to her campaign schedule, but has said, "unequivocally that torture cannot be American policy, under any circumstances." Beyond this general statement, it is unclear where she stands on specific provisions.

Sen. John McCain: NAY
Republican presidential hopeful Sen. John McCain, a former prisoner of war, has said that waterboarding is torture. He opposed the passage of the Intelligence Authorization bill, specifically the provision that would establish a single interrogation standard for the CIA and all other intelligence agencies based on the Army Field Manual standards. McCain defended his stance in a statement: "What we need is not to tie the cia to the army field manual, but rather to have a good faith interpretation of the statutes that guide what is permissible in the CIA program."

Sen. Barack Obama: DID NOT VOTE
Like Sen. Clinton, Obama missed the vote due to his campaign schedule. While the Democratic presidential candidate has said that he opposes the use of torture, he has not taken a comprehensive stance on the issue.


2006: Military Commissions Act

This law that created the framework for panels of military officers to try Guantanamo prisoners who are charged with war crimes. It has been used by the Bush administration to defend the practice of holding detainees indefinitely in the fight against terrorists.

Candidate Stances:

Clinton: NAY
Clinton stood opposed to the practice of torture in 2006 and voted against the Military Commissions Act. She currently supports legislation that would require the president to shut Guantanamo within a year but does not specify how the inmates would be tried in their new location. Read more on her official stance.

McCain: YEA
McCain came out strongly in favor of this bill, which passed the Senate 65-34, and was its primary backer While he has also consistently came out strongly against the use of waterboarding, Senator McCain has not been as clear about other prisoner interrogation practices used by the CIA.

Obama: NAY
Obama voted against the Military Commissions Act in 2006. In addition to rejecting aspects of the bill, he rejects trying suspects in the existing military tribunals. Read more on his official stance.


2005: Detainee Treatment Act

The Detainee Treatment Act of 2005 was passed to bar "cruel, inhuman or degrading treatment or punishment" of war on terror detainees, but was undercut by further amendments and the White House's attempt at circumventing the limits on detainee torture.

Candidate Stances:

Clinton: NAY
Clinton voted against the torture ban and now stands firmly against the practice of torture, though some claim inconsistencies in her opinion

McCain: YEA
McCain proposed the amendment (to the Detainess Treatment Act?) banning the use of cruel treatment by the U.S. military and prohibiting U.S. military interrogators from using interrogation techniques not listed in the U.S. Army Field Manual.

Obama: NAY
Voted against the Detainee Treatment Act and says Guantanamo should be closed.

Further Reading:

Council on Foreign Relations: The Candidates on Military Tribunals and Guantanamo Bay