Professor Steve Sheppard of the University of Arkansas School of Law is wrong. Not just a little wrong. A lot wrong. And a semi-skilled first year moot court participant could clean the courtroom floor with his flawed arguments.

In this piece, Prof. Sheppard argues that the Obama Administration’s after the fact investigation (‘Puter prefers the term “witch hunt”, or the modifier “McCarthyite”) of CIA terrorist interrogation tactics is not just appropriate, but required. Prof. Sheppard’s thesis is that there is precedent for subsequent administrations investigating crimes that occurred in prior administrations, and, that because torture is a crime, the Obama administration’s investigation of CIA interrogation methods during the Bush (43) administration is appropriate. Prof. Sheppard cites two primary instances he claims supports his argument: (1) Teapot Dome and (2) Iran Contra. Prof. Sheppard also cites several other “scandals” he claims were dealt with during the presidential administrations in which they occurred.

Let’s start with debunking Prof. Sheppard’s initial premise. His argument is based almost entirely on the assumption that a crime has occurred. The alleged crime is torture by CIA interrogators as defined in 18 U.S.C. § 2340. (Prof. Sheppard focuses his analysis on acts committed under “color of law” but interestingly omits that the acts must be “specifically intended to inflict severe physical or mental pain or suffering” and that the mental pain intended must be “prolonged.” It seems that intent would be a better area of inquiry than deabting “color of law,” but ‘Puter’ll let the professor pick the battleground here). ‘Puter disputes the professor’s premise, and the professor has offered no evidence to support his it. To the best of ‘Puter’s knowledge, no crime has been charged as of this date. The investigations proposed by the Obama administration and supported by Prof. Sheppard are to go back in time and “discover” (read, “manufacture”) a criminal violation.

Prof. Sheppard’s reliance on the Teapot Dome and Iran Contra scandals as analogs for the current CIA interrogations is misplaced. Don’t let the facts get in the way of a good argument, though, Professor. Teapot Dome and Iran Contra involved government employees acting outside the bounds of law without knowledge and/or lawful approval of the sitting government. The government did not review and approve the Teapot Dome kickbacks, nor did the government give its imprimatur to Lt. Col. Oliver North’s activities. Unlike the aforementioned scandals, the CIA interrogations were conducted in accordance with approved government guidelines. Don’t believe ‘Puter? Take a look at this CIA document from the ACLU website.

The CIA’s Inspector General issued a report in 2004 reviewing the interrogation techniques of the agency during the 2001-03 time period. The report specifically notes that the CIA took into account the applicable law (torture, 18 U.S.C. § 2340), put together guidelines in consultation with other government entities (DoJ, NSC, White House)(Report, pp. 3-4, ¶6), and mostly acted in accordance with those guidelines (Report, p.5, ¶10). When agency interrogators acted outside guidelines, they were referred to DoJ for possible prosecution (Report, p. 102, ¶ 258). The Inspector General ultimately concludes that the CIA acted appropriately and in accordance with applicable law (Report, p. 100-01, ¶¶ 252-54). Indeed, the OIG’s report raises fears of exactly the witch hunts the Obama administration has embarked upon, with cover from partisan second-guessers such as Prof. Sheppard (Report, p. 101-02, ¶ 255).

Top to bottom, Prof. Sheppard’s “analysis” betrays him as a liberal partisan hell-bent on disrupting our most effective tools in combating terror at home and abroad. He reveals his irrational hatred of former Vice President Cheney in his snide comments about Scooter Libby and his unfounded implication that Mr. Cheney acted illegally. Prof. Sheppard’s irrational hatred impairs his ability to consider facts logically, and leads him to a predetermined end, one in which the evil Mr. Cheney must be punished.

Mr. Cheney is correct, and Prof. Sheppard is wrong. Second guessing of legally vetted and approved interrogation tactics will result in timid interrogation of terrorists. This timidity in turn will lead to critical intelligence going ungathered, which endangers all Americans.

It is people like Prof. Sheppard and the neo-McCarthyites in the Obama administration who will have to live with the shame and opprobrium that will come to them when America is attacked again. And America will be attacked again because a hard core of leftist lotus-eaters like Prof. Sheppard have forced us to unilaterally disarm in our ongoing civilizational struggle against militant Islam.

'Puter

Always right, unless he isn’t, the infallible Ghettoputer F. X. Gormogons claims to be an in-law of the Volgi, although no one really believes this.

’Puter carefully follows economic and financial trends, legal affairs, and serves as the Gormogons’ financial and legal advisor. He successfully defended us against a lawsuit from a liquor distributor worth hundreds of thousands of dollars in unpaid deliveries of bootleg shandies.

The Geep has an IQ so high it is untestable and attempts to measure it have resulted in dangerously unstable results as well as injuries to researchers. Coincidentally, he publishes intelligence tests as a side gig.

His sarcasm is so highly developed it borders on the psychic, and he is often able to insult a person even before meeting them. ’Puter enjoys hunting small game with 000 slugs and punt guns, correcting homilies in real time at Mass, and undermining unions. ’Puter likes to wear a hockey mask and carry an axe into public campgrounds, where he bursts into people’s tents and screams. As you might expect, he has been shot several times but remains completely undeterred.

He assures us that his obsessive fawning over news stories involving women teachers sleeping with young students is not Freudian in any way, although he admits something similar once happened to him. Uniquely, ’Puter is unable to speak, read, or write Russian, but he is able to sing it fluently.

Geep joined the order in the mid-1980s. He arrived at the Castle door with dozens of steamer trunks and an inarticulate hissing creature of astonishingly low intelligence he calls “Sleestak.” Ghettoputer appears to make his wishes known to Sleestak, although no one is sure whether this is the result of complex sign language, expert body posture reading, or simply beating Sleestak with a rubber mallet.

‘Puter suggests the Czar suck it.