Fox News uses Nuremberg defense to cover for Gina Haspel’s torture record

Network figures say Haspel was “simply following orders” 

Gina Haspel’s March 13 nomination as CIA director is reviving the debate about torture, and Fox News is defending her role in the agency’s George W. Bush-era program by insisting that she was “simply following orders” and should not be held responsible for her contributions to the torturing of detainees.

Haspel, who became the agency’s acting director on April 26 after a long tenure there, oversaw a secret CIA prison in Thailand where suspected terrorists were detained and tortured, including one man who was waterboarded three times. Haspel was also “a strong advocate” for destroying tapes of CIA torture sessions, The New York Times reported, a stance Haspel herself reiterated in her confirmation hearing. 

As debate swirled about Haspel’s involvement in torture leading up to her confirmation hearing, Fox News took the lead in providing media cover for her. Several Fox personalities have zeroed in on some variation of the argument that “she was just following orders” -- a defense made infamous by multiple high-ranking Nazi officials who attempted to defend themselves during the Nuremberg trials.

In addition to insisting that Haspel was merely following orders, Fox personalities have defended her nomination by suggesting that being tortured is similar to having a difficult job, and that Haspel would make a good TV “hero” for running a secret CIA prison as a woman. Fox & Friends co-host Brian Kilmeade even suggested Haspel refuse to “apologize for the Americans who are alive today and were not burned alive or had their heads cut off” thanks to torture.

Haspel’s apparent predilection to follow orders is especially worrisome given that Trump has repeatedly threatened to bring back torture. In Trump’s first days in office, a White House draft order called for a review and possible reopening of CIA “black site” prisons. In his first presidential TV interview, Trump said of waterboarding, “Absolutely I feel it works,” adding that America has to “fight fire with fire.” During the campaign, Trump infamously called for America to kill the families of terrorists, which would violate the Geneva Conventions. Trump said he would “bring back a hell of a lot worse than waterboarding," and also called for America to “broaden” the laws prohibiting torture in order to “beat the savages.” And while some, like former CIA Director Michael Hayden, are saying that Haspel will stand up to Trump, her record shows otherwise

Video by Miles Le