“Indefinite Detention” – Obama Continuing Bush Policies

So, on Friday the Washington Post and and ProPublica reported that President Obama is considering “an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely,” furthering his slide into continuing the worst of the Bush administration policies in the so-called “war on terror.”

A month ago, on May 21, President Obama proposed what the New York Times described as “a new legal system in which terrorism suspects could be held in “prolonged detention” inside the United States without trial.”

MSNBC’s Rachel Maddow rightly took the President to task on this, and his hypocrisy for proposing it in the same speech where Obama repudiated the abuses of the Constitution by President Bush’s administration, in front of the Constitution at the National Archives, no less.

Now, this would be just as bad as far as the constitutionality of what we’d be doing if the President got together with congress as he previously suggested, to imprison people indefinitely, without charge, because we think they may be dangerous.  Something we Americans grew up to believe could not happen in this country. 

Adding to the disturbing continuation of the Bush era policies though, is President Obama’s grab for executive privilege.  Like Bush, he’s going to decide who is or isn’t a threat to the United States of America.  Even more disturbingly, in the Washington Post article, his spokesperson claimed this is what civil liberties groups asked for!

White House spokesman Ben LaBolt said that there is no executive order and that the administration has not decided whether to issue one. But one administration official suggested that the White House is already trying to build support for an order.

“Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order,” the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be prosecuted or released.

Huh?!! 

Thankfully Glen Greenwald’s excellent latest article in Salon on the subject challenges that statement:

Those journalistic practices produce egregious sentences like this:  ”‘Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order’, the official said.”  I’d love to know which so-called “civil liberties groups” are pushing the White House for an Executive Order establishing the power of indefinite detention.  It’s certainly not the ACLU or Center for Constitutional Rights, both of which issued statements vehemently condemning the proposal (ACLU’s Anthony Romero:  ”If President Obama issues an executive order authorizing indefinite detention, he’ll be repeating the same mistakes of George Bush”). 

What makes this ironically more difficult, is that it’s harder to get people to pay attention and stand up to continuing these policies under the Obama administration.  My experience with the issue tabling for Amnesty International is that many think Guantanamo and the War on Terror are ancient history. If it’s not all over now, it’s going to end. Maybe, too, after years of fighting Bush, everyone wants a break and to get back to the rest of their life.  But this is our Constitution, and our lives.

As Greenwald notes:

Absent serious public opposition (and one recent poll shows overwhelming opposition), it seems highly likely that Barack Obama will wield the power to imprison people indefinitely without charges of any kind.

Then there’s the Presidential power grab, which certainly I never thought Obama would be party to.  Greenwald again (and the highlighting is from the original):

There has now emerged a very clear — and very disturbing — pattern whereby Obama is willing to use legal mechanisms and recognize the authority of other branches only if he’s assured that he’ll get the outcome he wants.

That bad?  Consider what’s already happened.

That, for instance, is the precise pattern that’s driving his suppression of torture photos.  Two federal courts ordered the President to release the photos under the 40-year-old Freedom of Information Act.  Not wanting to abide by that decision, the White House (using Lindsey Graham and Joe Lieberman) tried to pressure Congress to enact new legislation vesting the administration with the power to override FOIA.  When House progressives blocked that bill, the White House assured Lieberman and Graham that Obama would simply use an Executive Order to decree the photos ”classified” (when they are plainly nothing of the sort) and thus block their release anyway. 

The Freedom of Information Act does not apply to this President.  I didn’t think I’d be writing these words again so soon after we innaugerated the good guy in January. So do we challenge it?  Where is everyone?

What ultimately matters here is that we not lose sight of the critical point:  no matter the form it takes, and no matter which route is used to implement it (act of Congress or executive order), indefinite detention without charges is a repugnant and tyrannical power.  Democrats and progressives had no trouble understanding that fact during the last eight years, so they should have no trouble understanding it now.

One of the most disturbing things about all this to me is that one of Obama’s strongest points to me as a candidate was that he was a constitutional professor.  I attended an Obama Salon a year ago highlighting that fact.

ObamaSalons: Restoring the Constitution (Community Service)
 
Please join us for Restoring the Constitution, the first installment of ObamaSalons. Christian Halliburton, a professor of constitutional law in the Seattle University School of Law, will offer his perspective on the role of the U.S. Constitution, the importance of habeas corpus and the ongoing legal issues surrounding detentions at Guantanamo Bay. Professor Halliburton will talk about Obama’s background as a constitutional law professor and lead a discussion about what having a constitutional expert in the White House could mean for restoring America’s legal foundation.
Don’t get me wrong.  I know Obama was the best we could do this time around (and all his Democratic opponents who were likely challengers are in fact in his administration, raising no protests I’ve heard of).  Kucininch or the Greens or Nader couldn’t have made it.  I knew we’d have to fight him to be stronger on some issues.  Still. . .  I didn’t expect us to be fighting on indefinite detentions and Presidential power grabs.  Accountability, yeah, I figured as a Democrat he’d wimp out on holding those in the Bush administration accountable for torture (while Republican’s try to throw people out of office for affairs, only to amusingly get caught themselves).
 
We can’t keep going down this path and thinking it’s okay because President Obama is in charge and he’s a good guy.  Our Constitution was created for a reason and without it, none of us are safe.  Sure, it may be easy for people to ignore us rounding up people in other countries, many of them turned in by their neighbors or strangers for huge rewards and no real evidence of threat to the US; but who’s to say it won’t happen here – to you or me.  Once the power is there, somewhere down the road we’re in danger of it being further misused.
 
Ironically, one of the songs I remember playing at the Obama rally I made it to early on in the campaign here, at the Qwest Field events center, was the Who’s “Won’t Get Fooled Again.”  I was still, rightly, a skeptic at the time (even though I already thought he was the best electable choice).
 
Amazing how timely that tune still stays.  Here’s The Who at Live 8 in 2006:
 
 
Meet the new boss, same as the old boss.
 
Guess I should have been paying more attention to that song.

And I get on my knees and pray. . .

Too Much Anger, Too Many Guns

Wednesday afternoon, James von Brunn, an 88 year old white supremacist, walked into the Holocaust Museum in Washington, DC and shot and fatally wounded a security guard, Stephen Johns, before being shot and killed himself by the other security guards.

When does all this hatred and bigotry end?  Past and present mingled together, as reported by the Washington Post:

Visitor Liliane Willens was heading into a basement auditorium to listen to a Holocaust survivor talk about her wartime experiences when she heard a noise that sounded like a roof falling in.

The audience in the crowded auditorium was told to stay put and that there had been a shooting but that people were safe where they were, she said.

Eventually, the Holocaust survivor went on with her presentation.

“It was quite ironic, because here was somebody talking about a tragedy in World War II, and here was this tragedy going on outside,” Willens said.

Another Washington Post article contains, to me, the most disturbing quote of the day, by an acquaintance and fellow white supremacist, John de Nugent:

“The responsible white separatist community condemns this,” he said. “It makes us look bad.”

Where have I heard this kind of thing before?  Well, of course, a lot of places; but most recently, after another right-wing spurred killing, by the extremists in the anti-abortion movement.

Bill O’Reilly repeatedly referred to the recently murdered Dr. George Tiller as “Tiller the baby killer.”  Yet, he’s “shocked, shocked” when a fellow anti-abortionist guns down Dr. Tiller, who was handing out church programs at his Kansas City church.

As Leslie Savan describes of O’Reilly’s broadcast the next day in The Nation’s blog:

O’Reilly briefly explained–after Dr. George Tiller was murdered, not before–why vigilantism and murdering those with whom you disagree is wrong. Then, he spent the rest of the four minutes bolstering his story–”no back-pedaling here…every single thing we said about Tiller was true”–and performing the old “I’m the victim” Fox-trot. “When I heard about Tiller’s murder,” he said, “I knew pro-abortion zealots and Fox News haters would attempt to blame us for the crime, and that is exactly what has happened.”

In Salon, Gabriel Winant notes that:

Tiller’s name first appeared on “The Factor” on Feb. 25, 2005. Since then, O’Reilly and his guest hosts have brought up the doctor on 28 more episodes, including as recently as April 27 of this year. Almost invariably, Tiller is described as “Tiller the Baby Killer.”

Tiller, O’Reilly likes to say, “destroys fetuses for just about any reason right up until the birth date for $5,000.” He’s guilty of “Nazi stuff,” said O’Reilly on June 8, 2005; a moral equivalent to NAMBLA and al-Qaida, he suggested on March 15, 2006. “This is the kind of stuff happened in Mao’s China, Hitler’s Germany, Stalin’s Soviet Union,” said O’Reilly on Nov. 9, 2006.

While O’Reilly feels no guilt, as Leslie Savan also notes on the Nation’s blog, former anti-abortion activist Frank Schaeffer does see how his and other’s words contributed to the murder of Dr. Tiller and other doctors, as he notes in the Huffington Post:

My late father and I share the blame (with many others) for the murder of Dr. George Tiller the abortion doctor gunned down on Sunday. Until I got out of the religious right (in the mid-1980s) and repented of my former hate-filled rhetoric I was both a leader of the so-called pro-life movement and a part of a Republican Party hate machine masquerading as the moral conscience of America.

Here is Frank Schaeffer being interviewed by Rachel Maddow on MSNBC:

Now, Dr. Tiller was one of the few doctors providing third trimester abortions.  In the Huffington Post, Mr. Schaeffer claims

Contributing to an extreme and sometimes violent climate has not only been the fault of the antiabortion crusaders. The Roe v. Wade decision went to far, too fast and was too sweeping. I believe that abortion should be legal. But I also believe that it should be re-regulated according to fetal development. It’s the late term abortions that horrify most people. that this is where the law goes to far, contributing to the climate of violence.

Who are these women who have late term abortions.  Are they as Salon says O’Reilly portrays them?

Tiller’s excuses for performing late-term abortions, O’Reilly suggested, were frou-frou, New Age, false ailments: The woman might have a headache or anxiety, or have been dumped by her boyfriend. She might be “depressed,” scoffed O’Reilly, which he dismissed as “feeling a bit blue and carr[ying] a certified check.”

Barbara Shelly in the Kansas City Star tells the story of one couple who came to Dr. Tiller’s clinic for help.

Phillip Wood and his wife were joyfully preparing for the births of twin boys when, midway through the pregnancy, everything went wrong. 

They drove from their home in Missouri to a hospital in Florida in hopes of a surgical procedure to save the boys.

Doctors at the Catholic-affiliated hospital told them neither twin would survive, and his wife was at risk of a ruptured uterus. That would make her infertile and could threaten her life.

After being turned away at a clinic in Illinois because the fetuses were too far along by the guidelines they had to follow.

They ran the gantlet of protesters, who pleaded with Woods’ wife not to end her pregnancy. Inside, they signed forms required by the state informing them, among other things, that their sons looked human and could feel pain.

About Dr. Tiller, Mr. Wood said: “He took time to listen to us. He was very appropriate and involved me in all steps of the abortion.”

After the twins had been aborted, Tiller gave the parents time with them. They performed a brief baptismal ceremony.

“While I held the bodies of my sons he stood to the side and wept, very quietly and very briefly,” Wood said.

So we meet one of the couples the anti-abortionists are demonizing on the issue of late term abortion.

Tiller, the physician slain on Sunday in Wichita, was too often defined by his adversaries. On Web sites, TV and radio talk shows, and in legislative hearings, they portrayed him as the reckless “abortionist,” willing to euthanize babies close to birth just so the mother could fit into a prom dress or attend a rock concert.

That portrayal always defied logic. Would someone in the third trimester of pregnancy really travel to the heart of Kansas and pay a $6,000 medical fee just to fit into a size 6 party dress?

The Woods are very much the typical patient who after much agonizing, choose a late abortion, or the 9–year-old girl raped by her father who Judith Warner writes about in her blog in the New York Times. As Barbara Shelly’s Kansas City Star blog notes:

The overwhelming majority of the 250 to 300 women a year who sought late-term abortions from Tiller had planned their pregnancies. They came to him heartbroken and afraid, carrying fetuses with malfunctioning kidneys, missing organs and syndromes certain to cause death in the womb or soon after birth.

A much smaller number of late-term patients were rape and incest victims, sometimes very young girls. Some were directed to Tiller by prosecutors.

Contrary to the false portrayal of him by anti-abortion activists and politicians, Tiller didn’t automatically consent to perform an abortion for any patient who requested one. He understood the constraints of Kansas law and he knew he was being watched.

But even in those instances, he tried to help. Over the years, Tiller arranged dozens of adoptions, Brownlie said.

If those of us on the left have made an error, it’s in our zeal to protect a woman’s right to choose many of us have not examined this issue and have not realized either what kind of choice women are likely going through when their pregnancy gets to this point and then chooses to end it. Those of us willing to defend late term abortion are usually doing it from the point of view that we defend a woman’s choice at any point, while maybe because they think these abortions are frivolous and heartless as O’Reilly depicts it, ending pregnancy this late is beyond the point other women are willing to defend.  Precisely because most of us don’t realize these are women (and couples) in desperation because of serious birth defects, or children who are victims of incest or rape so young they will be in danger if they give birth.  I had wrongly thought that, of course we protect women in both those circumstances.

Are anti-abortion attacks domestic terrorism, as the PBS show NOW asks in yesterday’s episode chronicling what another doctor and his family go through because of his work at an abortion clinic?  I’d say definitely yes, and unfortunately one that authorities often don’t want to look as closely at.

Do words have consequences, and are calls to extremism, whether by the right or left incitements to violence, as Mr. Schaeffer says (and many columnists on the left say in reference to O’Reilly?):

Angry speech has become the norm in American religion from both the right and the left. Words are spoken which — when taken seriously — lead directly to violence by the unhinged and/or the truly committed.

When evangelicals on the right call President Obama a socialist, a racist, anti-American, an abortionist, not a real American, and, echoing the former Vice President, someone who is weakening America’s defenses and making us less safe, the logical conclusion is violence. If you take these words literally you might pull the trigger to “make America safe” and/or free us from communism or to even protect us from — what some “Christian” leaders claim — Obama as the Antichrist.

Here is the problem.  I believe it does, and we are in for truly dangerous times from the far right.  To be fair, I think the rhetoric of the far edge of the left in the 60’s led to a few extremists who killed people (something, ironically, O’Reilly likes to dredge up from the past). 

Yet, there’s O’Reilly’s defender in his right to free speech, who I agree with, too.  Yes, ironically, it’s the ACLU.  You didn’t think they just defended us lefties!  When questioned about the accusations O’Reilly was to blame for Dr. Tiller’s murder by some liberal journalists and bloggers (bringing up footage of O’Reilly repeatedly saying “Tiller the baby killer”) in the New York Times:

Burt Neuborne, a professor of law at New York University and a former legal director for the American Civil Liberties Union, said that while the debate was not new, “the ability to technologically call up snippets of speech” is.

Mr. Neuborne said that a commentator’s language, no matter how colorful, generally cannot be treated as an incitement unless it directly instructs individuals to commit violence.

“In every complex political setting, there’s a tendency to single out the loudest of the other side and claim that what they’re doing is not political speech but is incitement,” he said. “It’s important not to allow that to happen. It would have a dramatic effect on the ability to speak vigorously.”

To some extent I agree here, too; even though it’s contradictory.  It is the dilemma of freedom of speech.  On the one had, I don’t want to see people’s right to say what they believe censored (even if it’s the total opposite of what I believe).  Yet, what about when the speech is urging people to violence and urging them to de-humanize others?  It was very much the use of hate filled speech that started things off in Hitler’s Germany and by the government controlled radio in Rwanda.

On the other hand, Bill Moyers brought up another important part of the equation on his commentary at the end of Bill Moyers Journal last night, and in Truthout online: “Why have we stopped talking about guns?”

As Moyers noted, the Holocaust Museum shooting, Tiller’s murder and a less well known case of a shooting at a military recruiting office in Little Rock were not the only ones this year.

Soon, however, these terrible deeds will be forgotten, as are already the three policemen killed by an assault weapon in Pittsburgh; the four policemen killed in Oakland, California; the 13 people gunned down in Binghamton, New York; the 10 in an Alabama shooting spree; five in Santa Clara, California; the eight dead in a North Carolina, nursing home. All during this year alone.

Certainly I wouldn’t classify all these murders as hate crimes.  The terrible shootings of immigrants and those helping them, by another immigrant, in Binghamton, New York, near where I grew up was obviously the work of a crazy man (come to think of it, many hate crimes are as well).  Then there are the killings by criminals in the midst of their crimes.

So, Mr. Moyers takes issue with us only talking about hate:

There is much talk about hate talk; hate crimes against blacks, whites, immigrants, Muslims, Jews; about violence committed in the name of bigotry or religion. But why don’t we talk about guns?

We’re arming ourselves to death. Even as gunshots ricocheted around the country, an amendment allowing concealed weapons in national parks snuck into the popular credit card reform bill. Another victory for the gun lobby, to sounds of silence from the White House.

As Moyers points out “neither party will stand up to the National Rifle Association, the best known front group for the arms merchants.” He goes on to mention a conservative organization who, after the Holocaust Museum shooting on Wednesday, offered him and others in the media “a chance to interview the founder of ‘Jews for the Preservation of Firearms Ownership,’ whose expertise, it was said, is in helping people understand why gun control doesn’t belong in a civilized society.”

Thanks, but no thanks. And no thanks to his counterparts among Christians and Muslims who use every violent shedding of blood to try to promote the worship of guns. Guns don’t kill people, they say. People kill people. True. People kill people – with guns.

So let the faithful of every persuasion keep their guns for hunting and skeet, for trap and target practice, for collecting. They can even have a permit for a gun to protect their business or home, even though it’s 22 times more likely to shoot a member of the family (including suicides) than an intruder.

 But please, there are already some 200 million, privately owned firearms in America. Every year there are 30,000 gun deaths and in some years more than 400,000 non-fatal, gun-related assaults. The next time someone wades through a pool of blood to sidle up and champion the preservation of firearms, can’t we just say, no thanks?

 Enough’s enough.

Which, ironically, brings me back to the actual lyrics for the misheard one’s I joked about from Pearl Jam’s Glorified G in my last post. While contemplating what the band means by the metaphor of “four or five virgins and a pelican” must make for some interesting discussions, what Eddie’s actually singing is “glorified version of a pellet gun” and that odd (but too common) juxtaposition of God and guns that Moyers also noted:

Got a gun, fact I got two
That’s ok man, cuz I love god
Glorified version of a pellet gun
Feels so manly, when armed

Glorified version of a pellet gun
Glorified version of a pellet gun
Glorified version of a pellet gun
Glorified version of a pellet gun

While whether words kill people is subject to debate (and I think they can contribute), one thing is certain, guns kill people; or rather, as Bill Moyers noted, people with guns kill people. Why aren’t we talking about guns? At least, most of us.

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, wrote – just days before the Holocaust Museum incident – that “rather than propose concrete action that makes it harder for dangerous people to get firearms – while still respecting the Second Amendment rights of law-abiding gun owners – all Washington can seem to muster after high-profile shootings are ‘thoughts and prayers’ for the victims and their families.

 

Why can’t we come up with some common sense gun laws?  Should people with criminal records or mental illness be able to easily buy guns?  I know gun rights advocates always claim laws are already on the books. If so, why aren’t they being enforced?   How about some limits as to where people can have guns?  Guns in National Parks?  Seriously?!!  Seattle had the common sense to ban them from our Folklife concerts at Seattle Center (following a shooting). 

 

There’s still this frontier mystique by gun lovers, that somehow we’ll all be safer if everyone started packing a six shooter on our hip.

 

Sorry to intrude with reality, but too many people are already being killed by guns.  No, I won’t feel any safer being caught in the middle of shoot outs on the bus or during highway road range, or from someone a little crazy trying to get away from the voices in his head at a National Park.

 

What I am certain of is that we could use less hate and fewer guns.

 

Brown_pelican_from_natures_pics-Public_domain

 

photo from National Park Service

 

Oh, that and we need to save the pelicans, who are dying mysteriously.  I’m not sure where the four or five virgins fit into this equation. ; ) 

Barack’s FISA Vote

I’m disappointed and disturbed by Obama’s vote for the FISA bill expanding the Bush administration’s wire tapping powers. That being said, I still believe Barack Obama is our best hope, and I think it’s important to fight both for his election and against FISA.

I think his decision probably had a lot to do with Democrat’s fears of appearing weak on defense, as suggested in the New York Times article.  While I know that’s the nature of politics, and am not surprised to find Barack has changed his position on this and other issues since winning the nomination.  This one is particularly disturbing though, especially given that he’s a constitutional scholar and knows better than most of us what these attacks on the Fourth Amendment mean.

Most of the articles focus on the immunity given to telephone companies who participated in Bush’s warrentless wire taps, which Barack actually did try to get our of there in a failed amendment.  I look at the ACLU’s fact sheet on the FISA Amendment, though, and there is considerably more at stake.  The government can monitor the phone and internet communications of anyone they want, without explanation, with little judicial oversight, as “the FISA court is regulated to reviewing only the government’s ‘targeting’ and ‘minimization procedures’.  It has no role in overseeing how the government is actually using its surveillance power.”

Ironically, I attended an Obama Salon last month on restoring the constitution.  We discussed habeas corpus, which the Supreme Court had just restored, and I was impressed when shortly after Barack did take a stand supporting the Supreme Court’s decision and took flak from McCain for doing so.  So why cave in on this one?

I think Norman Soloman’s article, “Obama and the Progressive Base”, puts the situation in perspective. 

These days, an appreciable number of Obama supporters are starting to use words like “disillusionment.” But that’s a consequence of projecting their political outlooks onto the candidate in the first place.

    The best way to avoid becoming disillusioned is to not have illusions in the first place.

Sad, but true (and not just for Barack, but politicians in general).  Soloman then makes an important point that it is our responsibility to keep on Obama (and other politicians) to hold him to those better ideals he’s claiming.

Barack Obama is an extremely smart guy. And I can’t remember a major contender for president less inclined to insult the intelligence of the public. Let’s return the favor by directly challenging him when appropriate. We’d do him – and the Obama campaign, ourselves and the country as a whole – no favors by opting for silence instead.

    We can help the Obama for President effort when we hold him to his good positions – and move to buck him up when he wavers.

And it is important to get Barack elected, despite our disillusionment or lack of illusions:

Some progressives, now disaffected, might consider the prospect of Obama falling short on Election Day to be his problem, not ours. But this isn’t about Obama. It’s about whether the levers of power in the Executive Branch, and the Supreme Court along with it, are going to be redelivered into the hands of the right wing for yet another four years.

I think he will be a substantial improvement, while not perfect, and it’s still going to be up to us to keep him on track on the issues that matter.

Under a McCain presidency, we’d be back to square one, where we’ve found ourselves since January 2001. Putting Obama in the White House would not by any means ensure progressive change, but under his presidency, the grassroots would have an opportunity to create it.

Along the way, let’s strive to eliminate disillusionment by dispensing with illusions. No one who is a presidential candidate can proceed to overcome corporate power or the warfare state. The pervasive and huge problems that have proved to be so destructive are deep, structural and embedded in the political economy. The changes most worth believing in are the ones social movements can make possible.

Meanwhile, there’s still work to be done fighting FISA.  The ACLU has filed a lawsuit, your can read more on the ACLU website, and sign onto their petition

Sadly, one thing that got neglected by many of us (myself included), due to the uproar about Obama’s position, was contacting our won Senators.  Check the Roll Call vote and see how your Senators voted.  I was happy to see both Senators Murray and Cantwell voted against it. Still, I can’t help but wonder if all of the 23,247 members of the Obama group to get tell him to do the right thing on FISA had also all been mobilized to contact their own Senators if maybe the vote would have been any different.  It certainly didn’t ride on one Senator’s vote alone, even a Presidential candidate’s.

Habeas Found?

Today the Supreme Court ruled in favor of habeas corpus once again, ruling as unconstitutional the provision in the Military Commissions Act of 2006 that denied detainees the right of filing a habeas corpus petition. Habeas corpus, first used in England in 1305, is the right, guaranteed under the U.S. Constitution, to ask for the reasons for and challenge your imprisonment.  It is the idea that no one, not even a King, Queen or President, can arbitrarily lock someone away without any charge or right to defend yourself against that charge.  An idea under attack by the Bush administration, under the guise of September 11.

As noted by today’s New York Times article, the administration first tried to claim the laws that U.S. Courts could hear habeas corpus petitions for detainees didn’t apply, because Guantanamo was outside the U.S. and U.S. jurisdiction.  Huh, who’s in control at Gitmo, then, the Cubans?  Right.  Fortunately, the Supreme Court didn’t fall for that one either, and said since the U.S. was in control of Guantanamo, U.S. courts could indeed hear the habeas corpus petitions.  Then the 2005 Detainee Treatment Act and Military Commission Act of 2006 were passed by Congress and signed into law by the President, providing an alternative process that Amnesty International, the ACLU and others found inadequate; as does the Supreme Court now (or at least the majority).

Writing for the majority, Justice Anthony M. Kennedy said the truncated review procedure provided by a previous law, the Detainee Treatment Act of 2005, “falls short of being a constitutionally adequate substitute” because it failed to offer “the fundamental procedural protections of habeas corpus.”

Justice Kennedy declared: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

Justice Scalia saw things differently, as quoted in the Washington Post:

The decision brought biting dissents from the four conservative justices, with Justice Antonin Scalia taking the unusual step of summarizing his opposition from the bench. “America is at war with radical Islamists,” he wrote, adding that the decision “will almost certainly cause more Americans to be killed.” He went on to say: “The Nation will live to regret what the court has done today.”

Does doing away with our constitutional safeguards really make us safer?  Remember the fact sheet from Amnesty on Guantanamo from the January 11th Global Protest?  Statistics like: 53% of detainees not determined to have committed any hostile act against the United States, 40% with no definitive connection with Al Qaeda, 18% with no definitive connection with Al Qaeda or the Taliban; with only 8% characterized as Al Qaeda fighters.

How did we get them?  “At the time when the United States offered large bounties for suspected enemies: 86% [of the] detainees were not detained on the battle field but instead arrested by either Pakistan or the Northern Alliance and turned over to United States custody.”

Are we really safer at night because anyone can turn in someone they may not like for cash, with the person having no right to contest, or even know the charges against them? Would we feel more secure, if, after the next Tim McVeigh, that logic is applied on U.S. soil for the “enemy within”?

Fear not, then.  Bush is looking for new loopholes, according to the Washington Post:

A disappointed President Bush was not as dramatic. “We’ll abide by the court’s position,” he said in Rome, in the midst of a European tour. “That doesn’t mean I have to agree with it.”

He also said the administration will consider new legislation “so that we can safely say . . . to the American people, ‘We’re doing everything we can to protect you.’ “

Why do I not feel more secure?

According to the New York Times, McCain is “concerned” about the ruling (he helped craft the Military Commissions Act).  I’m happy to say that Obama, on the other hand, is on the side of the Constitution:

Mr. Obama issued a statement calling the decision “a rejection of the Bush administration’s attempt to create a legal black hole at Guantánamo” that he said was “yet another failed policy supported by John McCain.”

“This is an important step,” he said of the ruling, “toward re-establishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed habeas corpus with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy.”

I am glad to see habeas back, but as you’ll see from our Amnesty International main page, our work is not done.  Guantanamo has not closed.  We still have extra-judicial rendition.  We need to convince Congress not to go against the Supreme Court ruling (and the Constitution) this time.  See AI’s press release, take action online, or even consider joining a Close Guantanamo Delegation to the local offices of your U.S. Senator or Representative.

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My Ship Liberty Sailed Away

More dark magic from the Bush administration detailed in the Washington Post this morning.

First there was the story: Memo: Laws Didn’t Apply to Interrogators detailing the Justice Department’s belief that the laws and constitution didn’t apply if the President says they didn’t. 

The Justice Department sent a legal memorandum to the Pentagon in 2003 asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators who questioned al-Qaeda captives because the president’s ultimate authority as commander in chief overrode such statutes.

There’s more:

The 81-page memo, which was declassified and released publicly yesterday, argues that poking, slapping or shoving detainees would not give rise to criminal liability. The document also appears to defend the use of mind-altering drugs that do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.”

John C. Yoo, then a deputy in the Justice Department’s Office of Legal Counsel claims in the memo “that numerous laws and treaties forbidding torture and cruel treatment should not apply to U.S. interrogations in foreign lands because of the president’s inherent wartime powers.”

He uses the “ticking time bomb” type scenario popular in television and movies to justify torture:

“If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network,” Yoo wrote. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.”

Yoo also claimed that to be considered illegal conduct in an interrogation, the act must “shock the conscience.”

“Whether conduct is conscience-shocking turns in part on whether it is without any justification,” Yoo wrote, explaining, for example, that it would have to be inspired by malice or sadism before it could be prosecuted.

More troubling:

Yoo, now a law professor at the University of California at Berkeley, defended the memo in an e-mail yesterday, saying the Justice Department altered its opinions “for appearances’ sake.” He said his successors “ignored the Department’s long tradition in defending the President’s authority in wartime.”

“Far from inventing some novel interpretation of the Constitution,” Yoo wrote, “our legal advice to the President, in fact, was near boilerplate.”

In other words, our Presidents have been ignoring the Constitution for years, so it’s not a “novel interpretation” to allow the President to do exactly those things the Constitution was created to prevent him from doing.

This guy teaches law at Berkeley?!! Excuse me for the language, but what the hell has happened to this country? In addition to wondering whether something has happened to Berkeley’s once proud tradition to protest for social justice; shouldn’t a law professor know (and respect) the law?

Also in this morning’s Washington Post: Centers Tap Into Personal Databases:

Intelligence centers run by states across the country have access to personal information about millions of Americans, including unlisted cellphone numbers, insurance claims, driver’s license photographs and credit reports, according to a document obtained by The Washington Post.

One center also has access to top-secret data systems at the CIA, the document shows, though it’s not clear what information those systems contain.

These “fusion centers” created after the Sept. 11 attacks “use law enforcement analysts and sophisticated computer systems to compile, or fuse, disparate tips and clues and pass along the refined information to other agencies.”  So in addition to compiling factual databases on all of us, they’re adding into the mix “tips and clues”.  Feel secure yet?

Pennsylvania buys credit reports and uses face-recognition software to examine driver’s license photos, while analysts in Rhode Island have access to car-rental databases. In Maryland, authorities rely on a little-known data broker called Entersect, which claims it maintains 12 billion records about 98 percent of Americans.

In its online promotional material, Entersect calls itself “the silent partner to municipal, county, state, and federal justice agencies who access our databases every day to locate subjects, develop background information, secure information from a cellular or unlisted number, and much more.”

Ahh, and we’ve privatized spying on the American public.  A neo-con’s dream.

The list includes a wide variety of data resources along with software that finds patterns and displays links among people.

Data on everything you own or do, tips, clues, patterns, links. . . all for our own security.  Sleeping better yet?

(Blog title from a lyric in Bruce Sprinsgteen’s Livin’ In the Future.)

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