Today President Bush signed into law the "Military Commissions Act." This formally codifies the Bush Administration's horrific practice of indefinite detention without charge, trial, or chance to appeal; it permits military tribunals to sentence people to death based on "evidence" won by torture, without even giving the accused the chance to hear the evidence against them. And perhaps worst of all, by destroying some of our most basic liberties, it makes us all more vulnerable to terrorism. Appalling.
[Update by Bell Curve] Keith Olbermann has a great take on the new law. Video embedded below. Worth a watch.
Tuesday, October 17, 2006
Worst. LAW. Ever.
Posted by Dr. Strangelove at 1:28 PM
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14 comments:
We have got to stop these people! VOTE!
// posted by RBR
As I have often said, terrorists can destroy our buildings and kill our people. But only we can destroy our own constitution and abandon our core values.
// posted by LTG
Can I vote too? Please? I'm sure some county somewhere would let me. I have an SSN...
// posted by Numbat o Love
I only wish you could Numbat!
// posted by RBR
Thanks for the video posting Bell Curve! I think that Oberman sums up what this bill does to us rather nicely. Much more hip and with it than Senator Byrd (D-WV).
LTG, if you can get a way to watch this video you'll think it's worth the effort.
// posted by RBR
Wow! I had no idea that Olbermann was really more than a sportscaster. That was just awesome, really. I think he managed to expose almost every bit of Bushite hypocrisy in about three minutes with a deadpan grace. I'm going to start watching his show now. Bully for Youtube - and the networks thought it only harmed viewership.
But let's be fair and not underestimate, or misunderestimate, the importance of an extradition treaty with Estonia. I mean, secret CIA prisons and torture centers over there may not catch everything.
// posted by LTG
I have a couple of questions and perhaps Law Talking Guy can clear them up for me:
Under the detainee bill, who can be detained and whose right of habeas is eliminated? Is it all detainees? non-citizens? citizens who are only naturalized? Legal resident non-citizens? Or just anyone? Is it confined to anyone we pick up anywhere in the world?
For instance, could I, born U.S. citizen be picked up on...oh, let's say stock fraud or outstanding traffic tickets and have this happen to me (even under outrageous supposition)? Is it legally possible?
// posted by The Acting President
Nice video... thanks, Bell Curve!
I've been reading through the book "Unconquerable Nation" that I mentioned on an earlier post. I recommend it again highly. He begins the first chapter with the epigram, "Instead of surrendering our liberty in the name of security, we must embrace liberty as the source and sustenance of our security."
He concludes the book with this observation: "The country has faced dangers greater than all of the terrorists in the world put together. Neither the terrorists nor those who would promise us protection against terror should cause us to compromise our commitments. The current campaign against terrorism is a contest not only of strength and will, but of conviction, commitment, and courage. It will ultimately determine who will live in fear. The choice, ultimately, is our own. I believe that we can win, and we can win right."
The LA Times has a front-page article on the elimination of habeus corpus. All non-citizens are affected, including the millions of permanent residents in the U.S. Any of them may be declared enemy combatants and treated accordingly. (American citizens may also be declared enemy combatants, but they still retain the right to challenge that designation in court.)
The LA Times notes somewhat cleverly that, "No one has suggested that the Bush administration plans to use its newly won power to round up large numbers of immigrants." (Well, more accurately no one had suggested it loudly before the LA Times just did...)
He has a lot of stuff on YouTube. I am looking forward to watching more!
// posted by USWest
Yes, I think it's fairly clear that the next group that would be targetted by this law would be immigrants accused of being undocumented. "Accused" is the important part here because if the accusation is not true we'd never have a way to find out under this law.
Imagine politically appointed tribunals being set up in Arizona and New Mexico made up of "Minute Men" and other local hot heads presiding over summary judgements of immagrants' legal status. That is now possible. And the only thing between us and that situation is the self-restraint of George W. Bush!
In one law the Bush Amdinstration has wiped out everything Madison fought for!
// posted by RBR
All non-citizens are included.
But here's the hitch. So they pick up a citizen - what can he or she do? Without habeas corpus, there's no way of proving citizenship. They will treat you like any noncitizen. Btw, how do you prove you are a citizen just with the docs on your person? You can't. You need someone to scare up a birth certificate, passport, or naturalization certificate and present it to someone.
Someone has to find out that you've been taken and raise habeas on your behalf. That's doubly hard also because the SC has said that you have to file habeas in the correct place (e.g., Padilla had to do it in South Carolina, where he was being held in military detention). So if they hold you secretly, you have no remedy at all.
Indeed, if a lawyer demands a writ of habeas corpus because his or her client is a citizen, the first problem is getting a court to hear the claim that the prisoner is a citizen. The government's position is that if they say the person is not a citizen, there is no review AT ALL.
Now, let's couple this with the Patriot Act that allows revocation of citizenship.
The good news, RBR, is that like the Alien & Sedition acts of the 1790s, these unconstitutional and offensive laws can and will be repealed. The "Revolution of 1800" - as Jefferson's victorious party called it - may be repeated in 2008.
// posted by LTG
You saw the law, now buy the t-shirt .
// posted by Numbat o Love
When it came up, I think I emailed this around to my fellow Citizens, but I will post it here as well for others interested in seeing it.
A while back, This American Life did a very nice piece on Habeas. You can read a transcript here .
You can listen to it here. You have to click on "06" and scroll down to the March episode (episode 310). It's worth the read or the listen.
// posted by USWest
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