Hopefully we’ll be able to get a decent post on this up some time today, but in the mean time I wanted highlight a few very good posts on the torture bill that will almost certainly pass in the House and Senate today. Everything is after the jump.
I am puzzled by and ashamed of the Democrats’ moral cowardice on this bill. The latest version of the bill blesses detainee abuse and looks the other way on forms of detainee torture; it immunizes terrible acts; it abridges the writ of habeas corpus– in the last, most egregious draft, it strips the writ for alleged enemy combatants whether proved to be so or not, whether citizens or not, and whether found in the U.S. or overseas.
This bill is simply outrageous. I doubt whether many Democratic Senators or staffs have read the bill or understand what is in it. Instead, they seem to be scrambling over themselves to vote for it out of a fear that the American public will think them weak and soft on terror.
The reason why the Democrats have not been doing very well on these issues, however, is that the public does not believe that they stand for anything other than echoing what the Republicans have been doing with a bit less conviction. If the Republicans are now the Party of Torture, the Democrats are now the Party of “Torture? Yeah, I guess so.” Not exactly the moral high ground from which to seek office.
The Democrats may think that if they let this pass, they are guaranteed to pick up more seats in the House and Senate. But they will actually win less seats this way. For they will have proved to the American people that they are spineless and opportunistic– that, when faced with a genuine choice and a genuine challenge, they can keep neither our country nor our values safe.
The current bill, if passed, will give the Executive far more dictatorial powers to detain, prosecute, judge and punish than it ever enjoyed before. Over the last 48 hours, it has been modified in a hundred different ways to increase executive power at the expense of judicial review, due process, and oversight. And what is more, the bill’s most outrageous provisions on torture, definition of enemy combatants, secret procedures, and habeas stripping, are completely unnecessary to keep Americans safe. Rather, they are the work of an Executive branch that has proven itself as untrustworthy as it is greedy: always pushing the legal and constitutional envelope, always seeking more power and less accountability.
Put another way, this bill would give the Bush administration the power to imprison people for their entire lives, literally, without so much as charging them with any wrongdoing or giving them any forum in which to contest the accusations against them. It thus vests in the administration the singularly most tyrannical power that exists — namely, the power unilaterally to decree someone guilty of a crime and to condemn the accused to eternal imprisonment without having even to charge him with a crime, let alone defend the validity of those accusations. Just to look at one ramification, does one even need to debate whether this newly vested power of indefinite imprisonment would affect the willingness of foreign journalists to report on the activities of the Bush administration? Do Americans really want our government to have this power?
Makes a tear come to the eye, doesn’t it, the way men like McCain and Lieberman keep evoking Lincoln and the Bible as they work to institutionalize torture and continue a bloody, useless war that kills thousands and thousands of people? It’s all very inspirational.
Keep your eyes on Holy Joe as the debate unfolds. If he bothers to show up at all, I will be shocked if his vaunted religious values lead him to vote against the bill. And that says everything you need to know about his sincerity. When it comes to lying about consensual sex he’s all over it, leading the charge. Torture and endless imprisonment with no trial, not so much.
I’m with Atrios. If these religion scolds vote for this bill I will never stand for being lectured by them again about how liberals need to be more respectful of the faith and values crowd. The time is now for them show what they are made of. Let’s see it.
Fuck Harry Reid.
A lot of us are disenchanted with our Democratic representatives for caving on the war and judicial nomination filibusters. It’s going to be very hard for us to cast a vote for anyone who institutionalizes torture. It’s fucking evil and contrary to every principle this nation was founded upon.
And I don’t want to hear any lectures about the lesser of two evils. I’ve heard enough already. There are few greater evils than torture. Once you institutionalize it, little else matters.
Call your senators and representatives today. Tell them to grow a spine and provide some leadership. After you’ve called them, both Republican and Democrat, tell your friends to do the same.
It is the very definition of weakness to cowardly enshrine tyranny in statute. It the very definition of cowardice to be unable to stand up for what is so obviously right
More Balkinization
Most of the attention in the press has focused on subsection (i) of the definition, which would designate as an UEC any “person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces).” And that subsection is, indeed, broad, and fairly indeterminate, depending on how “materially supported hostilities” is interpreted (something that the Administration apparently could do without much or any judicial review).
But the really breathtaking subsection is subsection (ii), which would provide that UEC is defined to include any person “who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.”
Read literally, this means that if the Pentagon says you’re an unlawful enemy combatant — using whatever criteria they wish — then as far as Congress, and U.S. law, is concerned, you are one, whether or not you have had any connection to “hostilities” at all.
This definition is not limited to Al Qaeda and the Taliban. It’s not limited to aliens — it covers U.S. citizens as well. It’s not limited to persons captured or detained overseas. And it is not even limited to the armed conflict against Al Qaeda and the Taliban, authorized by Congress on September 18, 2001. Indeed, on the face of it, it’s not even limited to a time of war or armed conflict; it could apply in peacetime.
Makes you feel warm and fuzzy all over, doesn’t it? I have little doubt that this bill will pass and congress will have made sure that in America we torture people, even our own, in secret prisons.
