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imperialism & war

Habeas Corpus, R.I.P. (1215 - 2006)

With a smug stroke of his pen, President Bush is set to wipe out a safeguard against illegal imprisonment that has endured as a cornerstone of legal justice since the Magna Carta.

09/29/06 "TruthDig" -- -- AUSTIN, Texas—Oh dear. I'm sure he didn't mean it. In Illinois' Sixth Congressional District, long represented by Henry Hyde, Republican candidate Peter Roskam accused his Democratic opponent, Tammy Duckworth, of planning to "cut and run" on Iraq.
Duckworth is a former Army major and chopper pilot who lost both legs in Iraq after her helicopter got hit by an RPG. "I just could not believe he would say that to me," said Duckworth, who walks on artificial legs and uses a cane. Every election cycle produces some wincers, but how do you apologize for that one?

The legislative equivalent of that remark is the detainee bill now being passed by Congress. Beloveds, this is so much worse than even that pathetic deal reached last Thursday between the White House and Republican Sens. John Warner, John McCain and Lindsey Graham. The White House has since reinserted a number of "technical fixes" that were the point of the putative "compromise." It leaves the president with the power to decide who is an enemy combatant.

This bill is not a national security issue—this is about torturing helpless human beings without any proof they are our enemies. Perhaps this could be considered if we knew the administration would use the power with enormous care and thoughtfulness. But of the over 700 prisoners sent to Gitmo, only 10 have ever been formally charged with anything. Among other things, this bill is a CYA for torture of the innocent that has already taken place.

Death by torture by Americans was first reported in 2003 in a New York Times article by Carlotta Gall. The military had announced the prisoner died of a heart attack, but when Gall saw the death certificate, written in English and issued by the military, it said the cause of death was homicide. The "heart attack" came after he had been beaten so often on this legs that they had "basically been pulpified," according to the coroner.

The story of why and how it took the Times so long to print this information is in the current edition of the Columbia Journalism Review. The press in general has been late and slow in reporting torture, so very few Americans have any idea how far it has spread. As is often true in hierarchical, top-down institutions, the orders get passed on in what I call the downward communications exaggeration spiral.

For example, on a newspaper, a top editor may remark casually, "Let's give the new mayor a chance to see what he can do before we start attacking him."

This gets passed on as "Don't touch the mayor unless he really screws up."

And it ultimately arrives at the reporter level as "We can't say anything negative about the mayor."

The version of the detainee bill now in the Senate not only undoes much of the McCain-Warner-Graham work, but it is actually much worse than the administration's first proposal. In one change, the original compromise language said a suspect had the right to "examine and respond to" all evidence used against him. The three senators said the clause was necessary to avoid secret trials. The bill has now dropped the word "examine" and left only "respond to."

In another change, a clause said that evidence obtained outside the United States could be admitted in court even if it had been gathered without a search warrant. But the bill now drops the words "outside the United States," which means prosecutors can ignore American legal standards on warrants.

The bill also expands the definition of an unlawful enemy combatant to cover anyone who has "has purposefully and materially supported hostilities against the United States." Quick, define "purposefully and materially." One person has already been charged with aiding terrorists because he sold a satellite TV package that includes the Hezbollah network.

The bill simply removes a suspect's right to challenge his detention in court. This is a rule of law that goes back to the Magna Carta in 1215. That pretty much leaves the barn door open.

As Vladimir Bukovsky, the Soviet dissident, wrote, an intelligence service free to torture soon "degenerates into a playground for sadists." But not unbridled sadism—you will be relieved that the compromise took out the words permitting interrogation involving "severe pain" and substituted "serious pain," which is defined as "bodily injury that involves extreme physical pain."

In July 2003, George Bush said in a speech: "The United States is committed to worldwide elimination of torture, and we are leading this fight by example. Freedom from torture is an inalienable human right. Yet torture continues to be practiced around the world by rogue regimes, whose cruel methods match their determination to crush the human spirit."

Fellow citizens, this bill throws out legal and moral restraints as the president deems it necessary—these are fundamental principles of basic decency, as well as law.

I'd like those supporting this evil bill to spare me one affliction: Do not, please, pretend to be shocked by the consequences of this legislation. And do not pretend to be shocked when the world begins comparing us to the Nazis.

To find out more about Molly Ivins and see works by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.
maybe 30.Sep.2006 11:59

could it be possible

that the supreme court could strike this down???

Strike 30.Sep.2006 12:25

it down

As it stands, the Supreme Court likely would strike it down: this is a harsher version of the ideas they recently struck down. But the x-factor as it were is Justice Stevens. Will he be there when it gets up to the court?

maybe, but look at this portion of the newly signed act..... 30.Sep.2006 14:16

merl

SECTION 950J--FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES

This section would provide that the appellate review of records of trial provided by this chapter, and the proceedings, findings, and sentences of military commissions as approved, reviewed, or affirmed as required by this chapter, are final and conclusive. Orders publishing the proceedings of military commissions are binding upon all departments, courts, agencies, and officers of the United States, except as otherwise provided by the President. Finally this section would state that no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter.

Time to start making some serious plans Brothers & Sisters 30.Sep.2006 15:55

poidog1909

I'm no legal scholar but I have now listened to hours of legal arguments and statements by some of the best constitutional lawyers, and their fear is that the way this is set up it is not likely to reach the high courts. The reason for this is that if you are deemed a combative enemy you can be swept away and have no right to habeas corpus. Reaching the supreme court assumes that you have had some contact and challenge in a lower court and that the arguments have made their way up through the courts. People just don't get it. Almost everything that was precious about being an American was just signed away in the stroke of a pen. We are no longer a free people.
There has been an extreme insurrection in our government and King George and his sick tyrant buddies have won. They own the media and they have successfully gained control over the masses and fooled or scared most of them into believing that their government is here to protect them, and that anyone who questions their authority or lies is a dangerous traitor.
Alex Jones and all the talk about marshal law may have seemed a little extreme until this came down. Mr. Jones and many others like him had it figured out quite well, but I doubt very much that they though the American people would roll over so easily and allow this suspension of our constitution to be ramroded through both congress and the senate in a few days time.
Well it's all over now, stupid middle class, materialistic, TV zombies. This new law applies to you as well as it does to international terrorist. Disagree with the administration and you and your family could disappear real easily to never be seen again. Please don't forget the other big reason behind this legislation. It absolved the Bush administration of all the crimes it has committed since Bush began operating as a monarch and dictator. It was very evident just how scared they were becoming of democrats gaining control of congress and calling for judiciary investigation and oversight of all the crime they had committed and all the Geneva Convention violations. Now they need not worry, While you were sleeping they ramroded this legislation through congress that retroactively pardons them for all their intentional violations of human rights and international law. If that really upsets you and you wish to protest, all they have to do now is call you an enemy combative and your gone. I believe we have been left with two rational choices here: Find another country to call home, or start stockpiling weapons & ammunition.
I don't think there is much middle ground here. We have been squeezed into a corner and you either love your country and what it stands for enough to fight for it, or you quietly leave in defeat. I personally couldn't blame anyone one for leaving this once great country that has been brought down to such a despicable level by propaganda fed to us through the state sponsored corporate media.

dates and hyperbole 30.Sep.2006 16:56

historian

If you're going to claim that Habeas Corpus is dead in the US you can quote dates of 1791-2006. Globally it is still very much alive.

supreme court 30.Sep.2006 16:59

pp

It will take two years to get to the S.C. By then a whole lot of damage will be done.