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bismi-lLahi-rRahmani-rRahiem
In the Name of Allah, the Compassionate, the Merciful
=== News Update ===
The United States of Barbarism
by; James Bovard, September 25, 2006
The U.S. Senate is cutting a deal with President Bush to make America a
banana republic. Last week, three senators reached an agreement with the
White House that will de facto permit the CIA to continue torturing
people around the world. And the deal will prevent anyone — including
Bush administration officials — from being held liable for the torture.
This is latest sign that our elected representatives in Washington
believe that the federal government deserves absolute power over
everyone in the world. Former Secretary of State Colin Powell warned
recently that Bush’s efforts to gut the Geneva Conventions would cause
the world to "doubt the moral basis of our fight against terrorism.”
But more important, the Senate-White House torture deal should cause
Americans to doubt the moral basis of their entire government. After
9/11, many Bush administration officials seemed determined to use any
and every means to bludgeon people suspected of terrorism or terrorist
intent. The Justice Department delivered to the White House a memo in
August 2002 explaining why Bush was not bound by the War Crimes Act or
the Anti-Torture Act.
The memo began by largely redefining torture out of existence. It then
explained why even if someone died during torture, the torturer might
not be guilty if he felt the torture was necessary to prevent some worse
evil. The memo concluded by revealing that the president has the right
to order torture because he is above the law, at least during wartime
(even if Congress has not declared war).
The Justice Department declared that the president may effectively
exempt government officials from federal criminal law, noting that
“Congress cannot compel the President to prosecute outcomes taken
pursuant to the President’s own constitutional authority. If Congress
could do so, it could control the President’s authority through the
manipulation of federal criminal law.”
The memo’s absolutism would have brought a smile to despots everywhere:
“As the Supreme Court has recognized ... the President enjoys complete
discretion in the exercise of his Commander-in-Chief authority and in
conducting operations against hostile forces.... we will not read a
criminal statute as infringing on the President’s ultimate authority in
these areas.”
Thus, the “commander-in-chief” label automatically swallows up the rest
of the Constitution. Yet, as Yale Law School Dean Harold Koh observed,
“If the president has commander-in-chief power to commit torture, he has
the power to commit genocide, to sanction slavery, to promote apartheid,
to license summary execution.”
This is the doctrine that the Senate-White House deal largely codifies.
It will be up to the president to declare which interrogation methods
U.S. agents can use — almost regardless of the Geneva Conventions. It
will be up to the president to decree who will face “rough”
interrogation.
The details of the torture deal vivify how our politicians no longer
give a darn about maintaining even a pretense of due process. The
agreement will permit the use of coerced confessions in military
tribunals — turning the judicial clock back to the 1600s. The Washington
Post noted that the agreement permits “defense attorneys to challenge
the use of hearsay information obtained through coercive interrogations
in distant countries only if they can prove it is unreliable.” Thus,
there is a presumption of correctness to whatever accusation is
bludgeoned out of people in secret prisons around the world.
And it will be almost impossible to disprove an accusation when a
defense lawyer is not allowed to question — or perhaps even know — who
made the charge.
But that is fair enough for the U.S. Congress.
The New York Times noted that the agreement “would impose new legal
standards that it forbids the courts to enforce.” Thus, it will be
impossible for the vast majority of detainees at Guantanamo to challenge
their detention.
The unverified accusations of U.S. government officials will still be
the highest law of the land. The habeas corpus rights that go back to
the Magna Charta of 1215 will be null and void under the agreement for
many, if not most, detainees.
The torture scandal shows what happens when politicians and political
appointees are permitted to redefine barbarism out of existence. If the
government can effectively claim a right to torture, then all other
limits on government power are practically irrelevant. What would it
take to make the public acquiesce to the torture of Americans? Would
simply applying an “odious” label (such as “cult member” at Waco, or
“Muslim” with John Walker Lindh) to the victims be sufficient?
James Bovard is the author of Attention Deficit Democracy [2006] as well
as The Bush Betrayal [2004], Lost Rights [1994] and Terrorism and
Tyranny: Trampling Freedom, Justice and Peace to Rid the World of Evil
(Palgrave-Macmillan, September 2003) and serves as a policy advisor for
The Future of Freedom Foundation. Send him email.
source:
http://www.fff.org/comment/com0609f.asp
===
-muslim voice-
______________________________________
BECAUSE YOU HAVE THE RIGHT TO KNOW
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