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Avoiding the Torture Ban
Good to see that the Justice Department is taking Congress' ban on torture seriously:
In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture."Oh, it's one of those unenforceable torture bans. Well why didn't anyone say so? If anyone knows any Kafka references that aren't stale and overused yet, let us know, we could use a fresh supply. Meanwhile, Kevin Drum's probably right to blame John McCain here (although the Bush administration is obviously the main problem here). Whether McCain intended all of this to happen or not, it's pretty clear that when he agreed to the Graham amendment in the same anti-torture bill, which stripped Guantanamo detainees of their right to challenge their detention in federal court, he pretty much did exactly what the White House wanted him to do. As Kevin says: "[McCain]'s certainly mastered the art of sounding reasonable, but it's only an inch deep. Underneath, he's just a standard issue right wing politician."...."Unfortunately, I think the government's right; it's a correct reading of the law," said Tom Malinowski, Washington advocacy director for Human Rights Watch. "The law says you can't torture detainees at Guantanamo, but it also says you can't enforce that law in the courts."
It might be worse than "standard issue." Digby notes that McCain is currently wildly popular around the country, among both Republicans and Democrats. That's going to be something to watch in the coming years, especially if he runs for president in 2008. All things considered, McCain is even more radical than Bush, especially on foreign policy—among other things, he's talked about ramping up the number of troops in Iraq and going after Iran with military force. And apart from a somewhat sensible approach to the environment—which will no doubt get scuttled once those "bundled" industry donations start pouring in, come 2007—he's not "liberal" in any sense of the word.
Posted by Bradford Plumer on 03/03/06 at 1:15 PM | E-mail | Print | Digg this | de.licio.us
Comments
How funny (totally bizarre!) that the same intelligence community that "must" resort to torture has previuosly turned a blind eye to credible warnings of acts of terrorism.
Rep. Charles Key, who was instrumental in convening the OK Bombing grand jury, allowed that the gov. knew about the bombing ahead of time--but did nothing to stop it! In fact, subsequently the FBI released the fact that the caller was a woman (and what if she was the only female in the org....?) Of course, this does nothing to assuage any fears about the missing docs. and the third man... (remember how one juror actually quit in order to emphasize that issue?). And following that tragic incident, didn't Pres. Clinton propose his own original version of that "damned" Patriot Act...
After the '93 WTC bombing, the Man discovered that "powerful" evidence had been overlooked during the investigation of El Sayyid Nosair (the man who assassinated Rabbi Kahane in N.Y. in '90), namely blueprints for the kind of bomb used along with photos of the twin towers...
Prior to the '98 US Embassy bombings in Dar es Salaam and Nairobi, a disgruntled former al Qaeda asset (he was kicked out for stealing) handed over details about the planned blasts...
Furthermore, soon after her arrival in Kenya in '96, Ambassador Bushnell began raising alarms about the embassy's lack of security... There was no 100 foot standoff zone from the street, while neither the delta barriers nor the security gates were in working order. Additionally, Gen. Zinni visited the embassy and he warned State of significant security flaws. Ultimately State determined that security upgrades were UNWARRANTED...
Other warnings prior to those attacks:
In '97, the Kenyan police, CIA, and FBI raided Wadih el-Hage's house in Nairobi (he was a conspiculous figure in al Qaeda), but, somehow, they neglected to translate key documents seized in the raid...
In '97, an informant claimed that the Al Haramain Foundation (linked to bin Laden) was plotting to blow up the American embassy in Kenya. The CIA sent a counterterrism team to Kenya to investigate, but they found no evidence of a bomb plot--yet, somehow, they neglected to interview the nine Arab suspects detained by the Kenyans!!!!
In '97, an Egyptian named Mustafa Mahmoud Said Ahmed walked into the Nairobi embassy and told the CIA officer about a group that was planning to detonate a bomb inside the diplomates underground garage. CIA later explained that the word on the street was that Ahmed was a liar...
Such it's no great wonder that Defense Secretary William Cohen predicted that "Terrorism is escalating to the point that Americans soon may have to choose between civil liberties and more intrusive means of protection."
Americans will have to CHOOSE--oh, that is too rich!!! Like we get to choose between a cold hearted, corrupt bitch and a cold blooded, stone killer--right!!!
Interestingly (I'm sure you'll agree), I'm a pro se appellant in DC Court of Appeals, and my legal actions call for: 1./ a grand jury investigation of Pres. Bush's involvement in the 2000 Florida Pres. Election fraud, quoting the US Commission on Civil Rights report (Ct of Appeals # 06 5052), and 2./ legalization of domestic hemp crops.
The DOJ investigators assigned to the 2000 Florida Election inquiry simply ignored the Commission's report, and refused to meet with the Commission's rep.
Actually, I've been litigating gov. defendant suits for years now, all to the result of much crime! In fact, Hon Urbina dismissed my Bush complaint with one citation that explictly upholds the merits of my case, and with another that the cited Court explicitly decided against, namely, "The Executive Branch has exclusive authority and absolute discretion to decide whether to investigate or prosecute," US v. Nixon. The list goes on and on and on... Of course I've contacted the ACLU and the CA Senators (plus Sens. Clinton & Mc Cain), futilely (but isn't that to be expected!).
Posted by: Michael L. Wagner on 03/05/06 at 12:12 PM
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Anyone who thinks that McCain is a suitable replacement for the current occupant of a once venerable seat is sadly mistaken.
I am not one to call out another man's manhood, but serious deliberation must be undertaken prior to supporting a man who heaps accolades on another who insulted his child, his wife, and himself... and topped it off with a kiss to that very same man who slighted and defamed him and his child, his wife, and himself.
I harbor no ill will towards John McCain. I simply do not think he is a good enough man to be a leader for I fear he wants it too much.
Posted by: AmeriPundit on 03/03/06 at 8:49 PM