Don't condone torture
Assuming you're a U.S. citizen, maybe you didn't even vote for the Congressman or Congresswoman who represents your district. But we as Americans are responsible for what our elected officials do.
H.R. 6054, the Military Commissions Act of 2006, passed the House Armed Services Committee yesterday, 52-8. This is currently bopping around committees in the House, and it's supposed to go to the Judiciary and International Relations next. This thing better die in committee or I'm gonna be sick. (Current Status.)
H.R. 6054 establishes new powers -- and, more importantly, new protections -- for military commissions, which means courts/tribunals. The resolution attempts to redefine torture and inhumane treatment after the Supreme Court slapped down the President after the Executive lost Hamdan vs. Rumsfeld. This landmark case basically told the President, loud and clear, what you're doing is against the Geneva Convention. Since no one wants to spend time in court at the Hague, they're scrambling to change the law to make whatever it is they did (and it can't be pretty) legal.
Section 4 (Clarification of Conduct Constituting War Crime Offense under Federal Criminal Code) attempts to clear up all those misconceptions we had about what is "torture," and "cruel or inhuman treatment," and "rape," and even "murder." Because it wasn't clear. And just in case some people might have, back in, say, November 2001 or so, done some of the things that the law said were bad, but won't be bad under this new law, if it's passed, they helped those people out. Take a look at Section 4(b):(b) Retroactive Applicability- The amendments made by this section shall take effect as of November 26, 1997, as if enacted immediately after the amendments made by section 583 of Public Law 105-118 (as amended by section 4002 of Public Law 107-273).
And all those pesky lawsuits the government has been dealing with? You know, the ones where lawyers are trying to free some of these "enemy combatants" detained by the U.S.? Or even get them fair trials?Section 5 (e)(1) Except as provided for in this subsection, and notwithstanding any other law, no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action, including an application for a writ of habeas corpus, pending on or filed after the date of the enactment of the Military Commissions Act of 2006, against the United States or its agents, brought by or on behalf of any alien detained by the United States as an unlawful enemy combatant, relating to any aspect of the alien's detention, transfer, treatment, or conditions of confinement.
The resolution also retroactively defines "unlawful enemy combatant" as anyone the President or Secretary of Defense thinks is associated with any international terrorist organization. These unlawful enemy combatants might be U.S. citizens if they "supported hostilities in aid" of terrorists, if my reading is right. Oh, it also includes anyone that a Combatant Status Review Tribunal already determined was an enemy combatant, you know, before this law gets passed. Just in case. Oh, and the whole freaking law (not just this section) "shall apply retroactively, including -- (1) to any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001."
So, my understanding of this bit is that Bush and Rummy want to make sure their asses are covered. Retroactively, of course.
I don't have the legal background to understand the entire resolution, but the parts of it that "clarify" the definitions of torture and cruel or inhumane treatment make me very nervous. Apparently, the bill "would allow a person to be convicted based on secret evidence and allow the use of evidence obtained as the result of horrific abuse," according to the ACLU.
The President has more or less admitted that waterboarding was used for interrogation prior to its recent prohibition. The technique dates back to the Inquisition, where I suspect its practioners thought themselves justified in using torture to extract confessions. Waterboarding is an extremely cruel mental torture that involves making something think they will die of drowning. It's so terrible that people rarely last 15 seconds before cracking and lasting 2 minutes is considered amazing. Its victims sometimes suffer the psychological fallout for the rest of their lives. Waterboarding, if not torture or cruel or inhumane treatment, is at least a form of mock execution, which is also prohibited by international law. The Geneva Convention prohibits mock executions as a form of torture. Let's take a trip to the Hague, can we?
I'm just disgusted with Duncan Hunter [CA-52]. Here's a laundry list of the cosponsors, too:
Here are links to the Judiciary (members) and International Relations (members) committees. Make sure these 'Honorable' Representatives hear from you. Let them know that Americans will not be represented by people who condone torture or who sit by quietly while people let it happen. Maryland has a Representative on the Judiciary -- Hon. Chris Van Hollen -- and he should be fighting the good fight, but he could probably stand to hear some kind words of support. Especially if you live in the MD-108th (Bethesda, Rockville, etc.), let him know he needs to fight against this atrocity when it reaches his committee.
H.R. 6054, the Military Commissions Act of 2006, passed the House Armed Services Committee yesterday, 52-8. This is currently bopping around committees in the House, and it's supposed to go to the Judiciary and International Relations next. This thing better die in committee or I'm gonna be sick. (Current Status.)
H.R. 6054 establishes new powers -- and, more importantly, new protections -- for military commissions, which means courts/tribunals. The resolution attempts to redefine torture and inhumane treatment after the Supreme Court slapped down the President after the Executive lost Hamdan vs. Rumsfeld. This landmark case basically told the President, loud and clear, what you're doing is against the Geneva Convention. Since no one wants to spend time in court at the Hague, they're scrambling to change the law to make whatever it is they did (and it can't be pretty) legal.
Section 4 (Clarification of Conduct Constituting War Crime Offense under Federal Criminal Code) attempts to clear up all those misconceptions we had about what is "torture," and "cruel or inhuman treatment," and "rape," and even "murder." Because it wasn't clear. And just in case some people might have, back in, say, November 2001 or so, done some of the things that the law said were bad, but won't be bad under this new law, if it's passed, they helped those people out. Take a look at Section 4(b):(b) Retroactive Applicability- The amendments made by this section shall take effect as of November 26, 1997, as if enacted immediately after the amendments made by section 583 of Public Law 105-118 (as amended by section 4002 of Public Law 107-273).
And all those pesky lawsuits the government has been dealing with? You know, the ones where lawyers are trying to free some of these "enemy combatants" detained by the U.S.? Or even get them fair trials?Section 5 (e)(1) Except as provided for in this subsection, and notwithstanding any other law, no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action, including an application for a writ of habeas corpus, pending on or filed after the date of the enactment of the Military Commissions Act of 2006, against the United States or its agents, brought by or on behalf of any alien detained by the United States as an unlawful enemy combatant, relating to any aspect of the alien's detention, transfer, treatment, or conditions of confinement.
The resolution also retroactively defines "unlawful enemy combatant" as anyone the President or Secretary of Defense thinks is associated with any international terrorist organization. These unlawful enemy combatants might be U.S. citizens if they "supported hostilities in aid" of terrorists, if my reading is right. Oh, it also includes anyone that a Combatant Status Review Tribunal already determined was an enemy combatant, you know, before this law gets passed. Just in case. Oh, and the whole freaking law (not just this section) "shall apply retroactively, including -- (1) to any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001."
So, my understanding of this bit is that Bush and Rummy want to make sure their asses are covered. Retroactively, of course.
I don't have the legal background to understand the entire resolution, but the parts of it that "clarify" the definitions of torture and cruel or inhumane treatment make me very nervous. Apparently, the bill "would allow a person to be convicted based on secret evidence and allow the use of evidence obtained as the result of horrific abuse," according to the ACLU.
The President has more or less admitted that waterboarding was used for interrogation prior to its recent prohibition. The technique dates back to the Inquisition, where I suspect its practioners thought themselves justified in using torture to extract confessions. Waterboarding is an extremely cruel mental torture that involves making something think they will die of drowning. It's so terrible that people rarely last 15 seconds before cracking and lasting 2 minutes is considered amazing. Its victims sometimes suffer the psychological fallout for the rest of their lives. Waterboarding, if not torture or cruel or inhumane treatment, is at least a form of mock execution, which is also prohibited by international law. The Geneva Convention prohibits mock executions as a form of torture. Let's take a trip to the Hague, can we?
I'm just disgusted with Duncan Hunter [CA-52]. Here's a laundry list of the cosponsors, too:
- Rep Boehner, John A. [OH-8]
- Rep Calvert, Ken [CA-44]
- Rep Chocola, Chris [IN-2]
- Rep Franks, Trent [AZ-2]
- Rep Hayes, Robin [NC-8]
- Rep Hefley, Joel [CO-5]
- Rep Kline, John [MN-2]
- Rep LoBiondo, Frank A. [NJ-2]
- Rep Miller, Candice S. [MI-10]
- Rep Miller, Jeff [FL-1]
- Rep Porter, Jon C. [NV-3]
- Rep Renzi, Rick [AZ-1]
- Rep Saxton, Jim [NJ-3]
- Rep Sensenbrenner, F. James, Jr. [WI-5]
- Rep Shuster, Bill [PA-9]
- Rep Sweeney, John E. [NY-20]
- Rep Wilson, Joe [SC-2]
Here are links to the Judiciary (members) and International Relations (members) committees. Make sure these 'Honorable' Representatives hear from you. Let them know that Americans will not be represented by people who condone torture or who sit by quietly while people let it happen. Maryland has a Representative on the Judiciary -- Hon. Chris Van Hollen -- and he should be fighting the good fight, but he could probably stand to hear some kind words of support. Especially if you live in the MD-108th (Bethesda, Rockville, etc.), let him know he needs to fight against this atrocity when it reaches his committee.