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On The Passing Of The Torture Bill....

by reposts
Well folks, they’ve gone and done it: torture is now legal in the United States of America, Land of the Free and Home of the brave, and formerly illegal wiretapping is a fact of life. The people everyone in the world look to for the moral high ground.
Until these “compassionate conservatives”, those “Good Christians” who are so righteous and holy their leader talks to God, and God not only talks back to him, He sends him “gut feelings” all the time to guide him, and actually SPEAKS THROUGH HIM, he says, until they came to power, destroyed the Middle Class to create the Working Poor, started an unjust, illegal, immoral, undeclared war, we were the quintessential example of ethical and humanitarian behavior. Now we are the same as all the other third world countries: all power and necessities in the hand of the rich, everyone else scraping the dirt to get enough to survive one more day, and if someone annoys the Holy and Dreaded Rulers, they get “disappeared”, tortured, and maybe they get returned, may be not. Maybe they turn up dead.

More
http://americaabroad.tpmcafe.com/blog/ian_macleod/2006/oct/01/they_passed_the_torture_bill_gave_bush_wiretapping_and_america_is_dead


Why Torture Is Still An Option

When Congress adopted legislation last week to establish military commissions to try terrorist suspects, it also gave approval to that program and then some. By allowing coerced testimony to be entered as evidence in trials, Congress potentially legitimized torture as a means of obtaining information. It left the President in charge of filling in the details of what the allowable methods should be. The clearest limit to what might be done was actually not so clear. The new methods could not constitute "grave breaches" of the Geneva Conventions. But after all the huffing and puffing from Republican Senators John McCain, John Warner and Lindsey Graham, the Executive Branch kept control over what exactly could happen to an "enemy combatant." It was allowed to decide who an enemy combatant might be. The package of measures widened the definition to include any person determined to be one under criteria defined by the President or the Secretary of Defense.

More
http://www.time.com/time/magazine/article/0,9171,1541238,00.html


American show trials

In the play A Man for All Seasons, Sir Thomas More and William Roper, the man who wishes to marry More's daughter, have an exchange about the evenhanded application of law.

More says that he would extend the protections of the law even to the devil. Appalled, Roper retorts that to get at the devil he would "cut down every law in England." More replies, "Oh? And when the last law was down, and the devil turned 'round on you, where would you hide, Roper, the laws all being flat? ... I'd give the devil benefit of law for my own safety's sake."

More's point of view had always been America's point of view. Our country gave alleged evildoers of every stripe the benefit of due process. It was a point of national pride and a shining example of how America lived up to its reputation for securing liberty. It also was the only way to ensure that the right people - the truly guilty people - were the ones being punished. By giving them due process we enshrined it for ourselves.

But in passing legislation on the interrogation and trials of suspected terrorists, Congress has switched allegiances. Our nation now stands with Roper.

To get at those we suspect of terrorism, the constitutionally grounded protections that have defined us as a nation for more than 200 years have been seriously diminished.

- Until now, no one could be held indefinitely upon the order of the president without having access to the courts to challenge the legality of that imprisonment. Now Congress has handed the president the power of monarchs. The legislation bars the courts from hearing habeas corpus petitions from "unlawful enemy combatants," who are essentially defined as anyone the president so designates.

- Until now, no evidence obtained by waterboarding or dousing a naked detainee with cold water and leaving him to contract hypothermia could be introduced in court. Now, evidence garnered through abusive or coercive means before Dec. 30, 2005 (the date Congress passed the Detainee Treatment Act) is considered valid as long as a military judge agrees.

The legislation includes numerous other ways in which traditional due process protections have been weakened or abandoned. Under the new law, the use of hearsay evidence is permitted; the right to a speedy trial has been eliminated; and sharp limits have been imposed on judicial review.

More
http://www.sptimes.com/2006/10/01/Opinion/American_show_trials.shtml
Synopsis

On September 28, the Senate voted 51-48 against an amendment proposed by Senator Arlen Specter to the Military Commissions Act which would have preserved the right of habeas corpus. Center for Constitutional Rights Executive Director Vincent Warren issued the following statement in response:

"With the defeat of the Specter Amendment to the Military Commissions Act, Congress has sacrificed any semblance of a meaningful balance of power. Congress is now rubber-stamping a bill that was written by the President which gives the President expansive power to detain without judicial oversight. If the Military Commissions Act is passed, it will grant the President the privilege of kings, allowing him to imprison any critics as alleged 'enemy combatants,' never to see the inside of a court room or to have the chance to challenge their detention or their treatment. What would we say if another country passed a law making it legal to snatch U.S. citizens and detain them indefinitely?

"Under this legislation, our clients at Guantánamo and hundreds of others detained by the U.S. around the world may remain locked up for the rest of their lives without ever having a chance to prove their innocence. Congress will be forfeiting one of the founding principles of the democratic tradition, and one of the most basic checks on executive power. Since the nation's founding, the writ has been suspended only four times-each only briefly and in a territory that was an active combat zone. This bill would suspend it for all non-citizens inside or outside of the U.S. - even if they have not been charged with any crime. This unprecedented and expansive suspension of habeas corpus is utterly unconstitutional, and we will challenge it."

http://www.ccr-ny.org/v2/reports/report.asp?ObjID=3in4Yl9iUG&Content=848
Synopsis

Congress is on the verge of passing a military commissions bill that would authorize the indefinite detention, without access to the courts, of immigrants detained inside or outside of the United States—even if they are not charged with any crime. What began as legislation to regulate the trials of men at Guantánamo has grown so sweeping that it would encompass any non-U.S. citizen picked up anywhere in the world, even permanent legal residents detained inside the United States. This is being voted on in the House of Representatives today and will likely be voted on in the Senate on Thursday. Senators Specter and Levin will be introducing a bipartisan amendment to remove a provision that denies these immigrants access to courts. It is essential that you call your Senators and Representatives and urge them to vote for the Specter Amendment to remove the jurisdiction-stripping provision from the military commissions bill. Particular Senators that we are targeting are Senators Hagel, Lugar, Sununu, Chaffee, Lieberman, DeWine, Collins, Snowe, and Menendez.

The White House made drastic changes to the military commissions bill over the weekend. The new version of the bill includes an expansive definition of an unlawful enemy combatant to include anyone determined by a tribunal under the authority of the President or the Defense Secretary to be an unlawful enemy combatant. The bill would deny anyone determined to be an enemy combatant - or anyone "awaiting such determination" - the right to challenge their detention, treatment, or conditions of confinement in court.

Recent mass detentions of non-citizens in this country give us reason to fear that this unchecked authority will lead to rampant racial and religious profiling, prolonged detention without reason, physical and psychological abuse. The Government's own investigations have produced evidence that:

* Shortly after September 11, 2001, hundreds of non-citizens were swept up in the United States and detained in connection to the terrorism investigation without any evidence to connect them to terrorism or crime.
* These men were arrested and detained based on their Muslim faith, their Arab or South Asian descent, and their immigration status, rather than any evidence to connect them to terrorism.
* The "9-11 detainees" were imprisoned in the United States until they were cleared of any connection to terrorism by the FBI. This clearance usually took months, and some detainees were held for over a year.
* During the detention period, many men were held in the most restrictive confinement that exists in the federal system. They were locked down 23 to 24 hours a day, hand-cuffed and shackled, deprived of sleep, beaten and verbally harassed, and denied the opportunity to practice their religion.
* Since the men were released, at least two federal court judges have ruled that the treatment of the detainees would constitute violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution.

There are over 35 million non-citizens currently living in the United States. This provision would allow any one of them to be imprisoned indefinitely without their day in court. There is reason to fear that they could be investigated, detained, interrogated, and tortured without judicial remedy. While U.S. law prohibits torture, this bill would deny access to the courts to bring a torture claim.

Recent history shows that this power will not be exercised with restraint, but will substitute racial and religious profiling for true suspicion and evidence of wrongdoing. Please act now to ensure that out Constitution continues to protect all who reside in this Country. Call your members of Congress immediately, especially those listed with contact information below.

Chafee, Lincoln- (R - RI)
Class I
141A RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-2921
Web Form: chafee.senate.gov/webform.htm
Fax: (202) 228-2853
Chief of Staff: David Griswold
Legis. Dir.: Deb Brayton
Military LA: William Ralph

Collins, Susan M.- (R - ME)
Class II
461 DIRKSEN SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-2693
Web Form: collins.senate.gov/public/continue.cfm?FuseAction=Contact...
Phone: (202) 224-2523
Chief of Staff: Steve Abbott
Legis. Dir.: Jane Alonso
Military LA: MacKenzie Eaglen

DeWine, Mike- (R - OH)
Class I
140 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-2315
Web Form: dewine.senate.gov
Fax: (202) 224-6519
Chief of Staff: Laurel Pressler
Legis. Dir.: Paul Palagyi
Military LA: Stacie Oliver

Hagel, Chuck- (R - NE)
Class II
248 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-4224
Web Form: hagel.senate.gov/index.cfm?FuseAction=Contact.Home
Fax: (202) 224-5213
Chief of Staff: Lou Ann Linehan
Legis. Dir.: Jill Konz
Military LA: Fran DuFrayne

Lieberman, Joseph I.- (D - CT)
lass I
706 HART SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-4041
Web Form: lieberman.senate.gov/contact/index.cfm?regarding=issue
fax: 202-224-9750
Chief of Staff: Clarine Nardi Riddle; phone:
(202) 224-4041
Legislative Director: Joe Goffman
Military Legislative Assistant: Fred Downey

Lugar, Richard G.- (R - IN)
Class I
306 HART SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-4814
E-mail: senator_lugar [at] lugar.senate.gov
Fax: (202) 228-0360
Chief of Staff: Marty Morris
Legis. Dir.: Chris Geeslin
Military LA: Keri Maloney

Menendez, Robert- (D - NJ)
502 HART SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-4744
Web Form: menendez.senate.gov/contact/contact.cfm
Fax: (202) 228-2197
Chief of Staff: Ivan Zapien
Legis. Dir.: Chris Schloesser
Military LA: Jessica Lewis

Sununu, John E.- (R - NH)
Class II
111 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
(202) 224-2841
Web Form: http://www.sununu.senate.gov/webform.html
Fax: (202) 228-4131
Chief of Staff: Paul J. Collins, Jr
Legis. Dir.: Jamie Burnett
Military LA: Dave Cuzzi

http://www.ccr-ny.org/v2/reports/report.asp?ObjID=KQML80JXMK&Content=847
President Given Undue Power to Silence Critics


Synopsis

On September 26, 2006, attorneys for the Center for Constitutional Rights (CCR) determined that what appears to be the final version of the Military Commissions Act of 2006 could allow the government to detain the attorneys themselves as 'enemy combatants.' CCR Legal Director Bill Goodman said: "This ominously broad definition of enemy combatants would mean that almost anyone who actively opposes the President or the government could be locked up indefinitely. This bill makes a mockery of the rule of law."

The current version of the Military Commissions redefines an "unlawful enemy combatant" (UEC) so broadly that it could include anyone who organizes a march against the war in Iraq. The bill defines a UEC as "a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States" or anyone who "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 of the United States." The definition makes no reference to citizenship and therefore could be read to include any number of individuals, including:

* CCR attorneys and other habeas counsel, Federal Public Defenders and military defense counsel for detainees at Guantánamo Bay
* Any person who has given $5 to a charity working with orphans in Afghanistan that turns out to be associated in some fashion with someone who may be a member of the Taliban

The bill also currently includes provisions so sweeping that they strip U.S. courts of jurisdiction over habeas petitions by any non-citizen detained by the government anywhere. Because there is no geographic limitation in the bill's language, it would allow the President to detain any non-citizen without their ever having the chance to challenge their detention in court: "No court... shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination." Examples of people who could be detained indefinitely with no access to a court include:

* A foreign tourist wearing an anti-Bush t-shirt at the Statue of Liberty
* A protester at an immigration rally who has lived in the U.S. since she was six months old and is a lawful, permanent resident

CCR Executive Director Vincent Warren said: "This new version of the legislation grants the President frightening power to silence his critics. Habeas corpus is, like voting, one of the fundamental rights of democracy. The President's efforts to exercise the privilege of kings must be turned back, before the so-called 'war on terror' turns on our own citizens."

http://www.ccr-ny.org/v2/reports/report.asp?ObjID=zQrItml3Gv&Content=845
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