End of Habeas Corpus
This Time, Congress Has No Excuse
By Andrew Cohen
The Washington Post
Thursday 28 September 2006
Of all the stupid, lazy, short-sighted, hasty, ill-conceived, partisan-inspired, damage-inflicting, dangerous and offensive things this Congress has done (or not done) in its past few recent miserable terms, the looming passage of the terror detainee bill takes the cake. At least when Congress voted to authorize the Iraq War legislators can point to the fact that they were deceived by Administration officials. But what's Congress' excuse now for agreeing to sign off on a law that would give the executive branch even more unfettered power over the rest of us than it already has?
It just keeps getting worse. This morning, esteemed Yale Law professor Bruce Ackerman published this fine essay in the Los Angeles Times. His lead? "Buried in the complex Senate compromise on detainee treatment is a real shocker, reaching far beyond the legal struggles about foreign terrorist suspects in the Guantanamo Bay fortress. The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights.
"This dangerous compromise," Professor Ackerman continued, "not only authorizes the president to seize and hold terrorists who have fought against our troops 'during an armed conflict,' it also allows him to seize anybody who has 'purposefully and materially supported hostilities against the United States.' This grants the president enormous power over citizens and legal residents. They can be designated as enemy combatants if they have contributed money to a Middle Eastern charity, and they can be held indefinitely in a military prison."
Scary enough for you? But wait, there is more. The legislation also appears to allow illegally-obtained evidence- from overseas or right here at home - to be used against enemy combatants (which gives you an idea of where this Congress really stands on the National Security Agency's domestic spying program). And wait, there is this: the Administration's horrible track record when it comes to identifying "enemy combatants" and then detaining them here in the States. Two of the most famous ones, Yaser Hamdi and Jose Padilla, both ended up having the highest courts in our land back up their legal claims, which is why the government had to release Hamdi outright and then turn Padilla over to the regular civilian courts (where he is a defendant in a weak case against him).
Do you believe the Administration has over the past five years earned the colossal expanse of trust the Congress is about to give it in the name of fighting terrorism? Do you believe that Administration officials will be able to accurately and adequately identify so-called "enemy combatants" here at home so as to separate out the truly bad guys from the guys who just happen to be in the wrong place at the wrong time? Did you want your legislative branch to abdicate so completely its responsibility to ensure that there are adequate checks and balances upon executive power even in a time of terror? You might have answered "no" to all three questions. But your answer doesn't matter. And neither does mine. To Congress, the answer is "yes, sir." Our Congress is about to make yet another needless mistake in the war on terror and this time the folks making it won't be able to say that the White House tricked them into it.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.
By Andrew Cohen
The Washington Post
Thursday 28 September 2006
Of all the stupid, lazy, short-sighted, hasty, ill-conceived, partisan-inspired, damage-inflicting, dangerous and offensive things this Congress has done (or not done) in its past few recent miserable terms, the looming passage of the terror detainee bill takes the cake. At least when Congress voted to authorize the Iraq War legislators can point to the fact that they were deceived by Administration officials. But what's Congress' excuse now for agreeing to sign off on a law that would give the executive branch even more unfettered power over the rest of us than it already has?
It just keeps getting worse. This morning, esteemed Yale Law professor Bruce Ackerman published this fine essay in the Los Angeles Times. His lead? "Buried in the complex Senate compromise on detainee treatment is a real shocker, reaching far beyond the legal struggles about foreign terrorist suspects in the Guantanamo Bay fortress. The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights.
"This dangerous compromise," Professor Ackerman continued, "not only authorizes the president to seize and hold terrorists who have fought against our troops 'during an armed conflict,' it also allows him to seize anybody who has 'purposefully and materially supported hostilities against the United States.' This grants the president enormous power over citizens and legal residents. They can be designated as enemy combatants if they have contributed money to a Middle Eastern charity, and they can be held indefinitely in a military prison."
Scary enough for you? But wait, there is more. The legislation also appears to allow illegally-obtained evidence- from overseas or right here at home - to be used against enemy combatants (which gives you an idea of where this Congress really stands on the National Security Agency's domestic spying program). And wait, there is this: the Administration's horrible track record when it comes to identifying "enemy combatants" and then detaining them here in the States. Two of the most famous ones, Yaser Hamdi and Jose Padilla, both ended up having the highest courts in our land back up their legal claims, which is why the government had to release Hamdi outright and then turn Padilla over to the regular civilian courts (where he is a defendant in a weak case against him).
Do you believe the Administration has over the past five years earned the colossal expanse of trust the Congress is about to give it in the name of fighting terrorism? Do you believe that Administration officials will be able to accurately and adequately identify so-called "enemy combatants" here at home so as to separate out the truly bad guys from the guys who just happen to be in the wrong place at the wrong time? Did you want your legislative branch to abdicate so completely its responsibility to ensure that there are adequate checks and balances upon executive power even in a time of terror? You might have answered "no" to all three questions. But your answer doesn't matter. And neither does mine. To Congress, the answer is "yes, sir." Our Congress is about to make yet another needless mistake in the war on terror and this time the folks making it won't be able to say that the White House tricked them into it.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.
1 Comments:
Hello Terry and all,
The time has arrived to think outside of the box, or else...
Understanding and fixing the failings of politics and democracy for the benefit of everyone, everywhere
Politics is little more than greed, arrogance, falsehood, hero-worship, and injustice taken to extremes and organized into teams (nations, parties, interest groups, etc). It is the struggle for your group, hero, and viewpoint so you can profit at the expense of others. This forces others to do the same in self-defense, causing an endless loop, downward spiral, and no-gain effect. When money, religion, and politics are intermingled, they form a true inescapable trap or bottomless pit. It is the opposite of compassion, cooperation, justice, and wisdom and causes you to expend dramatically more effort, time, and resources than necessary to achieve lesser results than are possible when you simply cooperate and have compassion, empathy, and charity for each other. Harmony and cooperation are on the perfect path, while politics, religion and money are ignorance, strong lies, strong delusion, and utter folly.
The primary, though hidden purpose of politics is to effectively divide and conquer populations who support and participate in these great delusions. Politics serves to dramatically slow and confound progress towards common and common-sense goals that most people want to achieve. This is one of the reasons why major problems persist for centuries. When people finally cooperate to solve problems for the good of all, problems will finally be solved and stay solved. On the other hand, participating in and supporting politics causes problems to persist and even to reappear later, though they were apparently solved previously. Because of the ability of those who also control money and religion to reverse past progress and prevent true cooperation, politics is a great deception and a trap and the opposite of truth, wisdom, and justice.
There is no true freedom nor freewill in the presence of such pervasive and institutionalized deception and exploitation. People have struggled for millennia trying to form working societies based on these three great follies. Those efforts always eventually fail because the inherent injustice and deception at the root of these concepts always leads to chaos and destruction. How long must it take before verifiable wisdom is finally valued over such long-term and self-evident folly? How much longer will it take for good people to grow tired of such obvious lies and turn away from deceptive leaders and their deceptions?
We are all trapped in a web of deception woven with money, religion, and politics. The great evils that bedevil us all will never cease until humanity finally awakens, shakes off these strong delusions, and forges a new path to the future.
Read More...
...and here...
Peace…
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