Monday, October 02, 2006

Truly Unclaimed and Uncharted Territory!

Frank J. Ranelli


A thousand thoughts and no words best expresses how I feel after the past 48 hours. We have ceased to operate as a democracy and a dictatorship has begun. This is not hyperbole. Its fact. The Military Commissions Act of 2006 , H.R. 6166, became law and thus ended, or at best suspended, the right to America to function as a free republic. This bill, among many other things affords President Bush near unilateral and unfettered control over every person in the United States. (Below is the condensed version of how wicked this piece of legislation is.)

In the absence of my own words, I will use Glenn Greenwald's, of Unclaimed Territory, instead:

We are a country ruled by a President who has seized the power to break the law in multiple ways while virtually nothing is done about it. Yesterday, we formally vested the power in the President to abduct people and put them in prisons for life without so much as charging them with any crime and by expressly proclaiming that they have no right to access any court or tribunal to prove their innocence. We have started one war against a country that did not attack us and, in doing so, created havoc and danger -- both to ourselves and the world -- that is truly difficult to quantify. And we are almost certainly going to start one more war just like it (at least), that is far more dangerous still, if the President's Congressional servants maintain their control.

On that most somber of notes, for as long as this blog remains up, here, in a nut shell, is HR 6166:

Enemy Combatants: A dangerously broad definition of “illegal enemy combatant” in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted.

The Geneva Conventions: The bill would repudiate a half-century of international precedent by allowing Mr. Bush to decide on his own what abusive interrogation methods he considered permissible. And his decision could stay secret — there’s no requirement that this list be published.

Habeas Corpus: Detainees in U.S. military prisons would lose the basic right to challenge their imprisonment. These cases do not clog the courts, nor coddle terrorists. They simply give wrongly imprisoned people a chance to prove their innocence.

Judicial Review: The courts would have no power to review any aspect of this new system, except verdicts by military tribunals. The bill would limit appeals and bar legal actions based on the Geneva Conventions, directly or indirectly. All Mr. Bush would have to do to lock anyone up forever is to declare him an illegal combatant and not have a trial.

Coerced Evidence: Coerced evidence would be permissible if a judge considered it reliable — already a contradiction in terms — and relevant. Coercion is defined in a way that exempts anything done before the passage of the 2005 Detainee Treatment Act, and anything else Mr. Bush chooses.

Secret Evidence: American standards of justice prohibit evidence and testimony that is kept secret from the defendant, whether the accused is a corporate executive or a mass murderer. But the bill as redrafted by Mr. Cheney seems to weaken protections against such evidence.Offenses: The definition of torture is unacceptably narrow, a virtual reprise of the deeply cynical memos the administration produced after 9/11. Rape and sexual assault are defined in a retrograde way that covers only forced or coerced activity, and not other forms of nonconsensual sex. The bill would effectively eliminate the idea of rape as torture.

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Sanity Check, Please!

Sources: http://www.nytimes.com/2006/09/28/opinion/28thu1.html?_r=1&oref=slogin

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