“‘These allegations…describe disgusting treatment, that if proven, is treatment that is cruel, profoundly disturbing and violative of’ U.S. and foreign treaties banning torture, [U.S. District Judge Gladys] Kessler told the government’s lawyers.” So what happened to “we don’t torture?” Lawyers for the administration fight allegations of abuse at Gitmo (involving force-feeding and a restraint chair) — not by saying it didn’t happen — but by arguing instead that the recent McCain bill doesn’t apply there. “‘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.'”
Category: Civil Liberties
Freedom of…D’oh!
Here’s a depressing civics poll: While one in five Americans (22%, doesn’t that seem low?) could name the five members of the Simpsons family (Homer, Marge, Bart, Lisa, Maggie…but you knew that), only 1 in 1000 could name the five rights protected in the First Amendment (religion, speech, press, assembly, petition), and only a measly 8% could name even three of them. I got all five in both, but, then again, in the inimitable words of Marge Simpson: “Don’t make fun of grad students, Bart. They just made a poor life decision.“
But wait, it gets worse.
“I did not and could not address…any other classified intelligence activities.” In a letter clarifying his recent Senate testimony on the NSA wiretaps, Attorney General Alberto Gonzales hints at a broader warrantless spying program than has yet been acknowledged. “‘It seems to me he is conceding that there are other NSA surveillance programs ongoing that the president hasn’t told anyone about,’ said Bruce Fein, a government lawyer in the Nixon, Carter and Reagan administrations.” Update: Gonzales tells Jane Harman that’s all there is.
Full-Court Press.
The WP surveys the recent White House campaign to prevent Senate oversight into the NSA wiretaps. “Hagel and Snowe declined interview requests after the meeting, but sources close to them say they bridle at suggestions that they buckled under administration heat.” Well, then, Senators, what do you want to call it?
Will to Power.
“[T]errorism is not the only new danger of this era. Another is the administration’s argument that because the president is commander in chief, he is the ‘sole organ for the nation in foreign affairs.'” From the Right, George Will makes the conservative case against Dubya’s “monarchical” pretensions regarding the NSA wiretaps. (Via Cliopatria.)
Gitmo Begone.
“We’ve always said that Guantanamo Bay was something that shouldn’t have happened.” A report by the UN Human Rights Commission argues that the US should shut down the Gitmo gulag immediately, a conclusion shared by Kofi Annan and — apparently — the British government. As to be expected from this gang, the White House is shrugging the criticism off.
The Treason of the Senate.
“Treason is a strong word, but not too strong to characterize the situation in which the Senate is the eager, resourceful, and indefatigable agent of interests as hostile to the American people as any invading army could be.” As feared — the Senate GOP, including supposed “moderates” Snowe and Chafee — vote down hearings into the NSA wiretaps. And also as feared, the Senate Dems completely collapse on the Patriot Act renewal, joining the Republicans to end the Feingold filibuster 96-3. (Only Robert Byrd (D-WV) and Jim Jeffords (I-VT) sided with Russ.) So, with the Senate in effect abdicating its responsibilty as an independent and coequal branch of government, it looks like it’ll be up to the judiciary to check Dubya’s executive powergrab.
Abu Ghraib Revisited.
To the consternation of the Dubya administration, the Sydney Morning Herald posts more horrifying and previously unpublished pictures from Abu Ghraib. (Warning: They’re grisly, as you might expect.) Why doesn’t Cheney want to ban this flagrantly unAmerican behavior again? He must realize this type of national disgrace makes us hypocrites before the world. [First seen at Ed Rants/Blivet.] Update: Walter Shapiro: “Abu Ghraib is not an issue of partisan sound bites or refighting the decision to invade Iraq. Grotesque violations of every value that America proclaims occurred within the walls of that prison.” Salon has more.
Schisms aplenty.
“‘I can’t believe I’m in a conservative hall listening to him say [Bush] is off course trying to defend the United States,’ Sorcinelli fumed.” As a result of his questioning Dubya’s NSA powergrab, right-wing civil libertarian Bob Barr finds himself persona non grata at the annual Conservative Political Action Conference. Similarly in the doghouse with the powers-that-be is right-wing pollster Frank Luntz, due to a longstanding feud with John Boehner — Luntz backed the wrong horse in ’98. And, speaking of Boehner, the new Majority Leader is apparently causing mild tremors along another GOP faultline, the one between evangelicals and pro-business stooges. (Boehner numbers among the latter.) Could this all be the prelude to a ’06 crack-up of ’94 proportions?
Specter v. S.P.E.C.T.R.E.
The Specter hearings into the illegal NSA wiretaps begin, and, so far despite Specter’s tough talk on Sunday, they’ve been pretty much a sideshow. For one, as they did with Big Oil, the GOP ensured by a 10-8 party-line vote that Gonzales didn’t have to testify under oath. For another, Gonzales has been falling back on the ridiculous Article 2 defense and saying little of import as of yet. Still, at least Republicans like Specter and Lindsey Graham are joining Feingold and others in calling out the administration’s dubious rationale for the Imperial Presidency, so perhaps these hearings may be of some service yet. Update: As the NYT points out, we’ve been here before. Update 2: Dahlia Lithwick is not amused.