Legally Speaking: Waterboarding

Waterboarding is an interrogation technique in which the prisoner is strapped to a board on his back, with his head angled downward …

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What exactly is waterboarding?
Waterboarding is an interrogation technique in which the prisoner is strapped to a board on his back, with his head angled downward. Then water is forced into his mouth or nose, sometimes through a rag. Sometimes the prisoner’s face is covered in plastic, with a small hole to pour water through. This causes a gag reflex and makes the prisoner feel as though he is drowning.

What is the purpose of it?
It has been used for centuries as a way to coerce people to offer information. The effect makes someone feel certain they are about to die. It also doesn’t leave any visible marks or damage, although it can cause lung or brain damage, not to mention psychological damage.

Is it legal?
No, although some people would say it should be. Torture is illegal in the United States and most countries, as set forth in the Geneva Conventions and several other international treaties. Many people, including John McCain, who has experienced it himself, classify waterboarding as torture, which would make it illegal. The official position of the U.S. Justice Department is that waterboarding is not legal.

Didn’t some people in the government advocate using it?
Department’s Yes, several memos were circulated in the months following 9-11 that advocated “enhanced interrogation techniques” and a reworked definition of torture that would allow several acts commonly considered to be torture. These memos came from a meeting that included officials from the Defense Department and the Justice Department, which contradicts the Justice official position.

Do we have reports that U.S. officials have engaged in waterboarding?
Yes. Former CIA agents have come forward and revealed that waterboarding was used on several occasions. There have not been any prosecutions made for these instances, although classified investigations are believed to be ongoing.

Has the president’s official position changed?
In 2007, President Bush signed an executive order that specifically bans torture, including methods that simulate imminent death. This would include waterboarding.

Have we ever convicted anyone of waterboarding?
Yes. It used to be legal in the U.S. for police to use these methods to get confessions, but that was put to a stop decades ago. In the 1980s, police officers from Texas were convicted and jailed for using waterboarding on suspects. After World War II, the U.S. convicted a Japanese military official of war crimes that included waterboarding.

Legally Speaking: Student Loans

Aaron Sachs talks about some of the laws regarding student loans.

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In 1998, Congress passed a law that banned anyone with a drug conviction from ever getting federal financial aid for college. The law has since been revised so that only people who are convicted while they attend college lose access to financial aid.

Why is this so controversial?

For one thing, people see it as unfair. People who have been convicted of murder or rape can get all the financial aid they want. It is also seen as counterproductive. We can agree that people who break drug laws should be punished, but denying financial aid makes it harder for them to get an education and pull themselves away from crime and drug use. There is support for repealing the law entirely.

Is it possible for student loans to be forgiven?

Yes, but only under certain circumstances. Generally, you need to work in public service, work as a volunteer or work in the military. Volunteers with AmeriCorps, the Peace Corps or non-profit groups that work to combat hunger, poverty and illiteracy can receive money toward repaying their loans.

What kind of military service qualifies?

People who serve in the Army National Guard can get up to $10,000 in loan forgiveness through their Student Loan Repayment Program. The other military branches have their own loan repayment programs, repaying up to $65,000 in the Army and Navy, for example. However, there are strict conditions to be met, including minimum military aptitude test scores. Make sure your recruiter gives you something in writing guaranteeing that you will be put into the loan repayment program – otherwise, you could be denied even after serving for several years.

Which occupations qualify as public service?

Teachers, doctors and legal professionals could qualify for loan forgiveness if they agree to work in low-income areas or who work for non-profit, public interest organizations. There are varying categories of low-income areas, and each state usually offers its own loan forgiveness program for public service workers.

What kind of loan forgiveness program does Missouri have?

Missouri has a program for teachers who work in low-income areas or areas designated as suffering from a teacher shortage. You should contact the company that disbursed your loan to sign up for these programs.

What effect will the recent financial aid law signed by President Bush have?

In September of 2007, President Bush signed into law a widely supported bill that reduces interest rates on federal subsidized student loans, increases loan forgiveness programs for public service workers, and places a cap on monthly loan payments based on percentage of income. This will obviously help many college students, while the loan providers claim it will hurt their bottom lines.

If someone is suffering financial hardship and they need to file bankruptcy, will their student loans be cancelled?

It is almost impossible to cancel student loans through bankruptcy. The only exception is if you have a disability that will prevent you from getting a job. Otherwise, even after a bankruptcy, you’re still stuck with those loans.