The Senate has voted 65-34 in favor of S. 3930, “A bill to authorize trial by military commission for violations of the law of war, and for other purposes.” Here, “trial by military commission” means that, if you are an unlawful enemy combatant, you have no right to a trial by your peers or any other basic protections of the Bill of Rights. (Who counts as an “enemy combatant”? Whomever the government says. Even U.S. citizens who haven’t even left the country, much less engaged in combat? Yes.) And “other purposes” means torturing people.
I remember when Republicans used to look at government with suspicion. Now the motto of the Republican Party is “Trust us, we’re the government, we know what’s best and we don’t make mistakes.”
I have nothing to add to the discussion that hasn’t been said by more expert people elsewhere. I just wanted it on record, if the internet archives last a thousand years and I’ve been cryogenically preserved for the same length of time, that I was one of the substantial number of people who thought the bill was repulsive and anti-democratic. It will go down in history as one of those sad moments when a basically good nation does something that makes later generations look back and think, “What made them go so crazy?”
I can just quote other people. Jack Balkin:
The current bill, if passed [as it just was], will give the Executive far more dictatorial powers to detain, prosecute, judge and punish than it ever enjoyed before. Over the last 48 hours, it has been modified in a hundred different ways to increase executive power at the expense of judicial review, due process, and oversight. And what is more, the bill’s most outrageous provisions on torture, definition of enemy combatants, secret procedures, and habeas stripping, are completely unnecessary to keep Americans safe. Rather, they are the work of an Executive branch that has proven itself as untrustworthy as it is greedy: always pushing the legal and constitutional envelope, always seeking more power and less accountability.
Almost all the Republican Senators, of course, voted for the bill, Lincoln Chafee being the lone honorable exception. As Glenn Greenwald notes,
During the debate on his amendment, Arlen Specter said that the bill sends us back 900 years because it denies habeas corpus rights and allows the President to detain people indefinitely. He also said the bill violates core Constitutional protections. Then he voted for it.
Most Democrats were against (although not all, sadly). Hillary Clinton:
The rule of law cannot be compromised. We must stand for the rule of law before the world, especially when we are under stress and under threat. We must show that we uphold our most profound values…
The bill before us allows the admission into evidence of statements derived through cruel, inhuman and degrading interrogation. That sets a dangerous precedent that will endanger our own men and women in uniform overseas. Will our enemies be less likely to surrender? Will informants be less likely to come forward? Will our soldiers be more likely to face torture if captured? Will the information we obtain be less reliable? These are the questions we should be asking. And based on what we know about warfare from listening to those who have fought for our country, the answers do not support this bill. As Lieutenant John F. Kimmons, the Army’s Deputy Chief of Staff for Intelligence said, “No good intelligence is going to come from abusive interrogation practices.”…
This bill undermines the Geneva Conventions by allowing the President to issue Executive Orders to redefine what permissible interrogation techniques happen to be. Have we fallen so low as to debate how much torture we are willing to stomach? By allowing this Administration to further stretch the definition of what is and is not torture, we lower our moral standards to those whom we despise, undermine the values of our flag wherever it flies, put our troops in danger, and jeopardize our moral strength in a conflict that cannot be won simply with military might.
Habeas corpus is a fundamental recognition that in America, the government does not have the power to detain people indefinitely and arbitrarily. And that in America, the courts must have the power to review the legality of executive detention decisions.
Habeas corpus is a longstanding vital part of our American tradition, and is enshrined in the U.S. Constitution.
As a group of retired judges wrote to Congress, habeas corpus “safeguards the most hallowed judicial role in our constitutional democracy — ensuring that no man is imprisoned unlawfully.”
Mr. President, this bill would fundamentally alter that historical equation. Faced with an executive branch that has detained hundreds of people without trial for years now, it would eliminate the right of habeas corpus.
But words are cheap, and nobody stepped up to filibuster the bill. Democrats, as usual, put their fingers to the wind and decide to be spineless. The calculation seems to be that they won’t look sufficiently tough if they come out strongly against torture. They don’t get it. “Tough” means that you stand up for what you believe in, and that you’re willing to fight for it if necessary. How are you supposed to keep the country safe when you’re afraid to stand up to demagoguing Republicans? People know this, which is why it’s been so easy to paint Democrats as weak.
The “tough” stance of the Bush administration has taken Iraq, a country that formerly opposed al-Qaeda, and turned one-third of it over to al-Qaeda, in the process fueling Islamic radicalism and making the threat of terrorism significantly worse. If that’s what you get from “tough,” I’ll stick with “smart” and “principled” any day.
I continue to be embarrassed to be an American. Our present government, and both parties are responsible here, continue to forget the basic principles upon which our country was founded.
Well… All I have to say is “vote him out!” As a foreginer, I can’t tell you what to do. But I’m sorry to see a country divided against itself. The last time you had this kind of situation, it endeded into a bloody civil war. The cause of “Liberty” prevailed then.
I wonder what Abe Lincoln would say about W. Bush administration… But my only hope is the true american spiit will take his fat ass out the sofa and vote against those bigots. America is no longer “the land of tthe free and the home of the brave”. It’s mora like the “land of paranoids and the home of the cowards”.
Roman Empire started falling this way…
I blogged about this as well today, and while I’m shocked it passed, I’m not surprised.
I am also very, very saddened.
And just as a cautionary note, I have not heard about why Chaffee voted against it, so don’t be too quick to put him up on a pedestal. He may very well have moral objections to the bill (as any American should), but there may be other reasons.
“abuse of power comes as no surprise”
this makes me wonder what the american government will do when china really starts taking the lead; economically and militarily.
In holland we have a saying; “a cornered cat makes strange leaps (jumps)”
Let’s hope it to be a leap of imagination, or a leap of faith.
This whole Republican-backed bill seems quite suspicious. They probably have figured out that – IF! the November elections are held in a free and fair manner – they will most likely lose both Houses of Congress. Hence, they want to give the President – their only remaining person to carry out most of their hawkish agenda – as much Executive power as possible to do whatever he can to deal with Islamic militancy…
It seems that Republicans are sending a clear signal to Muslims across the world: either you cool off or we will punish you like hell. I don’t know if that tactic will likely reduce Islamic militancy or increase it further; there is real cause for worry in all this…
The Democratic leadership is perhaps wrong, and the American people are so outraged about the descration of the Constitution that there will be an electoral revolution this November.
Or the Democratic leadership senses the mood of the people. People are upset only because of the incompetence of the cowboy, not because they are being led to the slaughterhouse. The people have been stampeding since 9/11, and to stand in their way is simply to be trampled down. There is no one to administer the salutary slap to bring America out of its hysteria.
Digby has another interpretation – the Congress is rubberstamping this President’s actions, because they dare not provoke a Constitutional showdown, the United States is a corpse, but no one knows it is dead yet, and the illusion of life is not to be shattered.
http://digbysblog.blogspot.com/2006_09_01_digbysblog_archive.html#115944912295724580
I wonder if we’ll bomb Iran before the election. Fear, fear and more fear…
JoAnne –
Don’t be ashamed to be an american, no woman is responsiblke for the men raping her, and no country is responsible for the leaders lying to it and cheating it. Only reason to be ashamed would be to bow one’s head and accept without protesting.
Being Danish, I have little more reason than you yanks to be proud of my government’s foreign (not to mention domestic) policy. But people never know more than they’re taught, and when people are fed up with fear, there’s nothing odious in them being afraid and following leaders playing it tough. The criminals are the people lying to them.
And it’s ironic; we accept torture and barbarism setting os hundreds of years back in order to defend modern humanism and open-mindedness… My.
Thanks, by the way, for an awesome blog, I keep reading with joy and interest.
You said it Tim. Fear. Many ordinary folks seem to support this bill because of fear. And many invertebrate Democrats sense this and have slithered accordingly.
Republicans have masterfully convinced the majority population of the country that they are a , in a sense, a minority and are under incessant attack. Attack from terrorists, attack on hitherto un-questioned traditional values, uncontrolled influx of foreigners, attack on religion (e.g. war on christmas). It’s as if the biggest gang on the playground suddenly becomes convinced that they a couple of scrawny ‘new kids’ and will get beaten up unless every possible threat is stamped out, and stamped out fast.
Here, it seems the two most prevalent arguments supporting a bill like the ‘torture bill’ are:
1.) ‘We haven’t been hit yet and there’s a reason for that..’ [paraphrasing cheney]’ . Conclusion: It must be b/c of our gov’t and therefore we must continue to support all of their policies w/o question.
2.) ‘Trading freedom for saftey’. If you were a real patriot, you would sacrifice a few luxury liberty items for security (Franklin was wrong). To do anything else is ‘appeasement’ ala Chamberlain. Ahh..the WWII phrase that evokes good memories of so many weekend movies depicting American victory over evil-doers…it works on us like a charm.
These arguments are seemingly invincible. Since many of my generation never learned about how Fascism arose or about American foreign policy since 1945, it is no surprise that people tend to support a torture bill w/o question. I know high school education programs used to stress ending American history classes on a ‘positive note’ to promote good citizens and patriots. Therefore, ending at WWII makes perfect sense. Unfortunately, it engenders a growing, uninformed population that is easily manipulated.
Joao,
I wonder what Abe Lincoln would say about W. Bush administration…
Interestingly, Lincoln himself suspended habeas corpus — but whether he would have approved of this administration’s behavior is an exercise for the reader.
Also shocked me the fact that the bill allows the detention process to be administered by people outside the military, and even foreign countries. The definition of “enemy” is so wide that anyone may be sent to the worst hole in the world if you just pissed off bush. And you will be tortured by turkish contractors!
Sean,
It is refreshing news, and very cheering. My parents are getting old and remember WWII. So, all through childhood, I was reminded how lucky I am to live a decent and free society, run under open, fair and democratic principles without secret police powers, unlike the USSR, the Nazis, the medieval Inquisition, etc.
I really love the fact that the USA authorities now have immense powers approaching those of the SS and KGB. Obviously there is a key difference: the USA has not resorted to the extreme measures of setting up secret torture camps like the Inquisition, or concentration camps like Nazis and USSR.
The world would be a dull place without secret police with vast powers to luck away people without charge in the name of state security. I’m so glad that America is not letting this fine tradition die out. Next, it would be nice if America could expand its liberty across the world by invading all the other countries in the world and setting up proper American-type democracy in each one, so that everyone can enjoy real liberty.
Always my favorite cheap and nonsensical debating point on these issues. Republicans have only ever looked at government interference in the economy with suspicion. They’ve always been somewhat in favor of fewer criminal procedural protections (i.e., abolishing Miranda). On those occassion they’re on what you’d consider the side of the angels, it’s usually because of gun control fears or similar attempts to avoid enforcement of those regulations they don’t actually like, not a general commitment to such protections for their own sake.
But if they turn down an opportunity to privatize torture I’ll admit you’ve gota point.
How is the US a beacon of democracy and liberty to the World?
Slavery until the 19th century.
Racial seggregation until the 60s.
Wars of aggression in many places of the world (including Latin America, where I come from) throughout the 19th and 20th centuries.
Legalized torture and suppression of fundamental judicial rights at the beginning of the 21st century?
and no country is responsible for the leaders lying to it and cheating it.
But we elected him, and, more to the point re-elected him. Yes, I didn’t vote for him, and yes, JoAnn (I’m guessing) didn’t vote for him, but as a whole, he won the second election more clearly than he won the first one.
There’s lots of blame to be spread around, but, yes, there is some blame to go on the people of the United States. But, even without blame, we still feel ashamed, becuase all of this is being done in our name. Whehter or not we’re responsible, it is our name that’s being tarnished, and it is in our name that deception and chaos and death is being spread. There’s plenty to be ashamed of.
We knew before the second (2004) election that Bush had lied and misrepresented facts, that under his watch torture had been performed by US authorities, that the war in Iraq hadn’t been about 9/11 and was degrading to a mess. However, even though it was pretty clear then that all of those things were happening, there was just enough wiggle room that a near-rational person might have been able to believe that all of those things were due to, say, an emphasis on the wrong facts by the “liberal news media.”
Now, however, it’s bloody obvious that all of those things have happened. When Bush and his gang get up to try and spin the intelligence report that the Iraq war made the global terrorism situation worse (which all of us who read the papers already knew) as not right, it’s almost comical. He and his political allies have now pushed through a bill saying, “yes, we torture.” Iraq is unambiguously a chaotic and dangerous place that on balance worse than it was under Saddam. But what is tragic, rather than comic, about all of this, si the number of Americans who still back Bush. Republicans should be embarassed that this incompetent, lying buffoon is bearing their standard, but instead they take their dislike of (say) Hillary Clinton’s policies as a reason to close ranks and line up behind their charismatic but criminally incompetent leader.
And that is what makes me weep for the future. That and the fact that those in (ostensible) power who aren’t part of the Bush Gang don’t really stand up to him, because they are too afraid of the consequences of the media’s penchant for portraying “balance” even when one side is completely idiotic.
Yeah, I’m ashamed to be am American right now. I remember being embarassed by Bill Clinton, thinking that this paragon of executive sexual harassment and abuse of power for purient purposes was out there representing the USA in the world. But at least Bill Clinton was just making himself look like an idiot; he wasn’t fucking up the whole world and undermining the very principles of the USA the way Bush is. This current administration is an embarassment to end all embarassments.
But words are cheap, and nobody stepped up to filibuster the bill.
A filibuster wouldn’t have gone very far, with over 60 Senators supporting the bill.
I would suggest that Hillary stop worrying about the presidential election and how her Senate votes will be characterized by the GOP during the campaign, and start worrying about the fundamental freedoms she should be protecting.
Elliot “Glad to be from Illinois with Durbin/Obama”
Rob is 100% correct.
In fact, practically the ENTIRE WORLD feels that (half of all) Americans (the 50% electorate who re-voted Bush/Cheney into office) did so knowingly that the whole Iraq WMD assertion was a fabrication, and they [the pro-Bush/Cheney voters] still gave their implicit consent because the lure of unlimited free! gas was too savoury to pass off…
The world thinks that Americans (atleast the overwhelming supporters of Bush) wanted to take this once-in-a-lifetime opportunity to *steal* as much of Iraq’s oil as possible, and wouldn’t have given a darn what the facts! were…
While as an American Rob may feel some reservations on what I have said, it is quite representative of what world opinion is these days – not about the Bush Administration – but about the nature of (atleast half of the) American people.
Rob,
It is not clear that Bush was legimately elected (FL) or re-elected (OH)
Elliot
From the perspective of a foreigner with some deep totalitarian history: When my Baltic relatives visited the U.S. last year, they told me that, when they passed through the airports, they felt that were in the old Soviet Union again.
From the perspective of a dual-citizen living on the other side of the Atlantic, I am very worried. The actions of the Bush administration are already contrary to the principles upon which the country was founded, but the Congress should provide a check on him, and they are not. Instead they seem to be complacent participants.
The Latvian historian Modris Eksteins says in his brilliant book: _Walking Since Daybreak_, of the events leading up to 1945:
“Before we can move forward, we must come to some kind of terms with 1945, with what it represents. A start would be the recognition that 1945, with its devastation, displacement, and horror, was the result not just of a few madmen and their befuddled followers, not just of ‘others,’ but of humanity as a whole and of our culture as a whole. Nineteen forty-five is not our victory, as we often like to think; 1945 is our problem.”
This is why I am very worried. The U.S. is moving on its distressing political and philosphical path, not only from the hysterical urging of one mad President and his few mad advisors, but instead, from a larger, more diffuse support in the larger government, which is supported by _enough_ US citizens. I don’t know what advice or suggestions, I could give. I only have a very black feeling in the pit of my stomach for how this situation will evolve.
Raymundo, Neither in the US nor in Europe for that matter is there an overwhelming conciousness of the injustice and suffering brought onto the world by the respective countries. The beacon of liberty democracy and justice (etc…) always only referrs to domestic behaviour.
The outward behaviour, as consistent as it might be is considered as a pathology, an aberration that was, in due time, corrected. Alternatively it was neccessary for the greater good of fighting communism.
It is difficult to accept the reality of the character of the country you live in, especially if it is so at odds with how you initially conceive and define your nation. Every nation is built on a myth, and for the US that myth is that they are the force of good, the free society, statue of liberty. Accepting those not welcome or starving in Europes monarchies and deep hierarchies. This is a myth worth hanging on to and a vision worth fighting for:
The New Colossus (Emma Lazarus, 1883)
Not like the brazen giant of Greek fame
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame,
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore,
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!”
It is not clear that Bush was legimately elected (FL) or re-elected (OH)
I haven’t followed the shennanigans of the seconed election enough, but about the first election, I’m very confident stating one thing : to within our ability to measure the vote counts, the election was effectively a tie. Yeah, Gore had greater popular vote overall, but I’m not convinced that it was by more than one or two sigma.
And even in the second election, there’s no way there was so much fraud to deny the fact that approximately 50% of Americans voted for Bush. He’s not fringe, he’s mainstream. What’s more, Republicans who should know better continue to support him.
In fact, practically the ENTIRE WORLD feels that (half of all) Americans (the 50% electorate who re-voted Bush/Cheney into office) did so knowingly that the whole Iraq WMD assertion was a fabrication, and they [the pro-Bush/Cheney voters] still gave their implicit consent because the lure of unlimited free! gas was too savoury to pass off…
I don’t dispute that that’s what general sentiment in the rest of the world is.
However, I do think the rest of the world is giving the general American way too much credit for forethought. It may be that Cheny and various high-level staffers and campaign contributors are cynically thinking, hey, let’s grab as much Iraq Oil as possible. Mabye even Bush is thinking that, although I’ve sort of bought into his public persona of “utter idiot”.
But the rank and file Americans– I don’t think many of them are even thinking it through that much. I think they believe the flag-waving “defending our freedom” rhetoric, and think that the war in iraq is the Right and Necessary thing to do. Thinking through having cheap gas for some time to come– this is the country that can’t remember changes in gas prices past a few months, and that has had ever-declining gas efficiency in its vehicles compared to the rest of the world for years. Forethought, even very selfish forethought, is, I believe, giving way too much credit to the electoral forces that re-elected Bush. It was head-in-the-sand, wanting to back up our Big Guy, denial about the real state of the world that did it.
-Rob
Rob,
The 9/11 attacks had a catalyzing effect on many Americans who may or may not be “deep thinkers” The GOP has effectively utilized this event to create a sense of fear in many Americans.
Also, if you look at the two Bush elections, vs. Gore and vs. Kerry, GWB came off as more of a “regular guy” vs. an aloof intellectual on the democratic side. Don’t underestimate the effect of this type of visceral response vs. analytical thinking in voting behavior.
It is clear (or should be) to Americans and people around the world, that invading Iraq was not a appropriate response to the 9/11 attacks. But those attacks provided just the excuse that was needed.
This blog needs a little more balance…. 🙂 I will try to offer some. First of all some of us need a history lesson. Those of you who went to school, forgive me.
Raymundo (and maybe a few others who think the US is evil):
-Hugely bloody civil war freed slaves, preserved union.
-Helped end WWI in Europe, LEFT.
-US Dragged into WWII:
-Helped defeat Nazis, and put in place democracy in Germany, LEFT.
-Gave billions via Marshall aid. Germany is powerhouse of democracy
-Defeated Japanese, put in place democracy and LEFT.
-Japan is powerhouse of democracy in far east.
-Helped hold off communists in Korea, helped put South Korea on road to democracy. South Korea is powerhouse. North Korea is BASKET case.
-Fought communists in Vietnam, americas, around the world. BUGGED OUT of vietnam when left couldn’t stomach it. We are in a very similar struggle today.
-Outspent the Soviet Union, upped our defenses, Soviet Union COLLAPSED. Because Reagan STOOD UP TO THEM (remember how Carter pandered? nah, you’re too young). I am thinking few of you under 50 even REMEMBER what it was like living under communist menace….
-Communism collapsed around world. Social solution exposed for lie that it was (is). A few tinhorn dictators left unfortunately….
-Spearheaded liberation of Kuwait in 91, LEFT Iraq in place, maybe unfortunately
-Invaded Afghanistan after 9/11. Freed millions. Democracy in place.
-Invaded Iraq after the whole world agreed Saddam was a threat with his WMD (but of course only the US had the guts to do it….), freed millions, put democracy in place. WILL leave, tho it is hard to see exactly how this one will end.
-Spearheading effort to contain Iran. All we need is for them to let one of their nukes slip to some of their jihadi buddies… You think they won’t do it?? Will Bush bomb Iran or not? I doubt it. He will leave that for Hillary. Liberals back in vogue! Bush gets blamed for previous ills. Life goes on. Democracy and freedom spread. Jihadis join their communist brothers underground, continue to kill innocents, blaming Bush.
All in all, unless you are a nazi/communist/jihadi sympathizer, the record has been pretty impressive. All this for oil, right?? Along the way there have been many missteps, which I am sure you will point out. Seems like the US is almost going it alone trying to keep the jihadi thugs from spreading their nice social programs. This is the most liberal world agenda imaginable, and it is being promulgated by Bush. I think that is what bothers the liberals. Clinton had to deal with Monica Lewinski, Bush gets to deal with Saddam and bin Laden. Liberals will get their chance… This will last for decades. Wake up world…
John
John D,
Whatever drugs you are on, I want some.
It’s you who needs to wake up.