It's been....
Saturday, September 30, 2006 5:53:20 AM
I'm still feeling a bit woozy. There's nothing more to do, no more letters to write, and no more political wizardry can help any of this. Of course, a part of me rejoices in that the US finally has proven they have no respect for the law, for human rights, or for democracy, or even for human life. Noone can pretend the US, through those that are currently in power, stands for these things anymore after this.
But before I contemplate different ways to forget about it all and crawl into a bottle later today, there are some things worth remembering:
1. The detainee bill is one bill in a series of several unsuccessful attempts to give the executive branch a general permission - not a set of statutes, but a general permission - to legalize secret courts, by secret standards, using secret evidence.
(Evidence such as would be obtained by unortodox methods that are now up to the president to decide whether is legal or not under the amended War Crimes Act).
In other words, a way to legalize GITMO and the numerous other detention facilities, the charges - if any - the prisoners there are apparently held because of, as well as the extended interrogation- techniques that came together with the entire project.
2. The law is designed to be retroactive, and even has a specific clause that it is "only" retroactive to include acts committed after 1997.
3. The law presupposes the presence of a functioning criminal court- system to check these potential abuses, while at the same time dismissing any reporting- requirement, clear statutes, laws, etc. And leaves it up to the president's person to decide what is to be legal.
4. This bill is the kind of thing the Supreme Court asked for when turning down the Bush- administration's case in Hamdan vs. Rumsfeld, where the idea of secret military tribunals were rebuked as unconstitutional /without explicit permission from Congress/.. Permission which is now given.
5. Yes, this is a conscious choice by the lawmakers. Noone passed ceremonial legislation condemning torture that everyone knew would be disregarded (like last time) - they passed the legislation explicitly giving the president the power to act as all three branches of the government when he thinks it's necessary.
6. Remember the political context, and the dynamic where you'll only find dissent from the republican platform in clear independent or democrat states where a republican struggles for reelection. Resignation, lobbying through the party reinforcing views about the electorate, the "focus on the values- voters" as Karl Rove says.
Here, for instance, is Rich Lowry, writing about his recent tour on Guantanamo Camp, conveniently at the time when the "debate" against the Bush- administration would otherwise have been kickstarted by sophomoric american idiots, if they only weren't transformed into trembling puppies, because of their pathetic respect for authority:
http://article.nationalreview.com/?q=ODE2YjZlZDRkZGZjMmM4MDgwMTliODZjZTc1NjliZDI=
While always mindful that they are dealing with dangerous men, the Americans treat them humanly, even sensitively. Seemingly every surface has a painted arrow pointing toward Mecca. Every detainee gets a Koran, and should it be necessary to search one, it is done by a Muslim translator, not a guard. Detainees are offered 4,200 calories a day. U.S. combat troops get 3,800. The average detainee has gained 18 pounds.
It is often alleged that the facility here is full of innocent men. But they were first screened in Afghanistan, then a Combat Status Review Tribunal examined them upon arrival, and now an Annual Review Board acts like a parole board. Roughly 300 detainees have been released or transferred for detention in another country. Of those, roughly 20 have been confirmed to have returned to fight, and probably others have too. Nonetheless, roughly another 130 out of 460 are set to be transferred or released.
Such an inquisitive journalist Lowry must be, to get all those numbers crammed into his jolly little narrative about his nice visit to the prison... the happy- camp in Cuba. And hola(!), everything's fine. They can even have their case reviewed in secret once a year. And now all our fears about Guantanamo bay and the secret detention facilities are laid to rest, together with our concerns for the application of the written laws of the land.
(Of course, the law is now of no importance anyway, after this bill is passed. And which in any case would be indifferent, since the president has already asserted he is above the law, without any real political impact from the representatives.)
Thank you, Lowry, for carrying water for the Bush- administration, and making us all so much more informed than we could be by simply reading the prop.. freedom- leaflets from the DOD. And, of course, informed about what the White House and GOP narrative is going to be all the way to the election.
7. And why do I have a flashback to the last time a few senators were treated to a guided tour on GITMO, when the same fabulous construction was used: create an image of how there are no abuses, and that the legislation legalizing torture and indefinite detention, departing from ages old principles like the right to hear your charges and to see the evidence against you, is necessary to avoid getting the nice CIA agents sentenced for war- crimes if they're caught shouting loudly at prisoners.
8. Remember it's not true to say the US is simply completily asleep and unaware of this, and that all has been lost in the ridiculous bullcrap that passes for political debate in the US. Or, that they simply did not know better, or were out to lunch, perhaps because of LSD in the drinking water.
There actually has been a lot of debate over this. True, this vote is treated in the general media as simply yet another partisan day at the Hill. But then again, refer to the repeated attempts to pass legislation these past few years, and how they have not succeeded in either reaffirming that the president is above the law, or that he can assert himself the right to dictate laws in certain circumstances the administration would deem it necessary.
True, Bush was treated with proud admiration from the far righteous when recently stating that he disagreed with the Supreme Court and would defy the law. True, also, that noone wanted to hear it when a number of JAGs started to speak up about the abhorrent practices that passes for undisputed law under the new DOJ management. True, as well, that outspoken support for torturing confessions from suspected terrorists is actually defended vocally by many... Oh, well.
9. I must remember that I know americans who are not nazis, and that it would be wrong of me to wish death on the entirety of the US population. (Even if it would happen relatively quickly and painless while my friends would be here on vacation).






