Just another Reality-based bubble in the foam of the multiverse.

Thursday, September 28, 2006

Nobody Expects the Terra Inquisition

Somebody at Pravda seems to have realized even competitors on the Company Board might become a target.

Rushing Off a Cliff
Published: September 28, 2006
New York Times

Here’s what happens when this irresponsible Congress railroads a profoundly important bill to serve the mindless politics of a midterm election: The Bush administration uses Republicans’ fear of losing their majority to push through ghastly ideas about antiterrorism that will make American troops less safe and do lasting damage to our 217-year-old nation of laws — while actually doing nothing to protect the nation from terrorists. Democrats betray their principles to avoid last-minute attack ads. Our democracy is the big loser.

Republicans say Congress must act right now to create procedures for charging and trying terrorists — because the men accused of plotting the 9/11 attacks are available for trial. That’s pure propaganda. Those men could have been tried and convicted long ago, but President Bush chose not to. He held them in illegal detention, had them questioned in ways that will make real trials very hard, and invented a transparently illegal system of kangaroo courts to convict them.

It was only after the Supreme Court issued the inevitable ruling striking down Mr. Bush’s shadow penal system that he adopted his tone of urgency. It serves a cynical goal: Republican strategists think they can win this fall, not by passing a good law but by forcing Democrats to vote against a bad one so they could be made to look soft on terrorism.

Last week, the White House and three Republican senators announced a terrible deal on this legislation that gave Mr. Bush most of what he wanted, including a blanket waiver for crimes Americans may have committed in the service of his antiterrorism policies. Then Vice President Dick Cheney and his willing lawmakers rewrote the rest of the measure so that it would give Mr. Bush the power to jail pretty much anyone he wants for as long as he wants without charging them, to unilaterally reinterpret the Geneva Conventions, to authorize what normal people consider torture, and to deny justice to hundreds of men captured in error.

These are some of the bill’s biggest flaws:

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.

•There is not enough time to fix these bills, especially since the few Republicans who call themselves moderates have been whipped into line, and the Democratic leadership in the Senate seems to have misplaced its spine. If there was ever a moment for a filibuster, this was it.

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.

But in Christ's name.


Tristero adds this comment on what the Democrats are really afraid of:

The truth is that the United States government is presently holding, torturing, and even murdering countless numbers of people who have no chance in hell of obtaining a lawyer, let alone anything resembling a trial. The government is doing this under the direct orders of George W. Bush. There is no law, no bill, and no legislature who can stop him. If Congress were to pass a law unequivocably banning torture and send it to him, he'd use it for toilet paper. If the Supreme Court were to rule against Bush in the harshest and bluntest language, he'd yawn.

The truth is that there is a rogue presidency and there has been, since January, 2001 (earlier, if you count the stolen election). Certainly, everyone in Washington knows it, but no one dares to admit it. The bill legalizing torture merely enables Congress to pretend they still have some influence over an executive that from day one was governing, not as if they had a mandate, but as if Bush were a dictator. If, for some miracle, the bill didn't pass, every congress-critter knows Bush would keep on torturing.

Better to vote to pass and preserve the appearance of a working American government, the thinking goes. For the very thought that the US government is seriously broken - that the Executive is beyond the control of anyone and everyone in the world - is such a truly awesome and terrifying thought that it can never be publicly acknowledged. If ever it is, if the American crisis gets outed and Congress and the Supremes openly assert that the Executive has run completely amok and is beyond control, the world consequences are staggering. It is the stuff of doomsday novels...

And this brings up the dilemma of a post Nov. 7 world. Apparently, one if not both houses of Congress may be controlled by Democrats. Now what? You think Bush is gonna get impeached? Put on trial for war crimes? Forget it...

If, for some reason, Congress does decide to move against Bush in some substantive way, there will be hell to pay...

Since the day after the 2000 election, Bush and his goons have been playing chicken with the very structure of the United States Government, double-daring anyone to try and stop them. If Congress does try - and I'm not talking little things like wrecking Social Security, that'll happen and a dictator can afford to let things like that wait a while, I'm talking atomic bang bang and thumbscrews - he will force the private Constitutional crisis into the open. And there is no guarantee that Bush will lose.

And that is the truth. The Congress has been given an awful choice: Vote to approve torture and the suspension of habeas or show the world that yes, you really do have no genuine power to check Bush.

Of course, all of Congress should vote against the bill anyway. But they won't. And to themselves, they will justify the vote as saying they made a hard choice but made the best one they could for their country...

The time truly is long overdue where there simply is no choice but to say "enough." It should have been enough over the stolen election, or the neglect that led to 9/11, or Schiavo, or the filibuster. But voting to permit the US government to sidestep Geneva? To suspend habeas? What the fuck is Congress thinking, for crissakes??? Has fascism moved so slowly that only a few bloggers can perceive the inevitable progression? I don't think so.

There's no question about it. Any person in Congress who votes for this - listening, Hillary? - will never get my vote again. Ever, not even for dogcatcher, let alone president. If there is going to be a public Constitutional crisis over Bush's rogue presidency - and there will be sooner or later, guaranteed - bring it on now.

While we have a chance, and somebody remembers what the Constitution was.

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