The Torture Bill: What We've Become

This is about to become law. If I, a moderate, have had fantasies about an American version of Claus von Stauffenberg (hi, NSA!), here's why. From the New York Times:

Enemy Combatants: A dangerously broad definition of "illegal enemy combatant" in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted.

The Geneva Conventions: The bill would repudiate a half-century of international precedent by allowing Mr. Bush to decide on his own what abusive interrogation methods he considered permissible. And his decision could stay secret — there’s no requirement that this list be published.

Habeas Corpus: Detainees in U.S. military prisons would lose the basic right to challenge their imprisonment. These cases do not clog the courts, nor coddle terrorists. They simply give wrongly imprisoned people a chance to prove their innocence.

Judicial Review: The courts would have no power to review any aspect of this new system, except verdicts by military tribunals. The bill would limit appeals and bar legal actions based on the Geneva Conventions, directly or indirectly. All Mr. Bush would have to do to lock anyone up forever is to declare him an illegal combatant and not have a trial.

Coerced Evidence: Coerced evidence would be permissible if a judge considered it reliable — already a contradiction in terms — and relevant. Coercion is defined in a way that exempts anything done before the passage of the 2005 Detainee Treatment Act, and anything else Mr. Bush chooses.

Secret Evidence: American standards of justice prohibit evidence and testimony that is kept secret from the defendant, whether the accused is a corporate executive or a mass murderer. But the bill as redrafted by Mr. Cheney seems to weaken protections against such evidence.

Offenses: The definition of torture is unacceptably narrow, a virtual reprise of the deeply cynical memos the administration produced after 9/11. Rape and sexual assault are defined in a retrograde way that covers only forced or coerced activity, and not other forms of nonconsensual sex. The bill would effectively eliminate the idea of rape as torture.

And the conclusion:

We don’t blame the Democrats for being frightened. The Republicans have made it clear that they’ll use any opportunity to brand anyone who votes against this bill as a terrorist enabler. But Americans of the future won’t remember the pragmatic arguments for caving in to the administration. They’ll know that in 2006, Congress passed a tyrannical law that will be ranked with the low points in American democracy, our generation’s version of the Alien and Sedition Acts.

Aye.

Comments

[George Arndt]

Tell me again, who can't tell good from evil?

This is still America, right? Or should we now call it Amerika?

Glen Greenwald argues :

Do Americans want to be a country that kidnaps people without charges, tortures them, lies to its allies about it, and then, when it turns out they were completely innocent, blocks the Government officials who are responsible from being held accountable? That's the country we've become under this administration and its blindly loyal servants in Congress.”

The Soviets had gulags, and the US its gulags

.The link between torture and finding the truth is a myth which must be dispelled. This ultimately means that torture does nothing to keep us safer.

[GreginOz]

Roj, am deadly, fkn serious...GET - OUT - NOW!!! 9/11 was your Reichstag, something wicked this way comes....

[bitter]

I won't lie - I've had my fair share of revolutionary thoughts. I'm still awaiting a proposal by Bush to repeal his two-term limit.... but at what point do you say enough is enough?