“Gilliam came nearest to inventing his own country with Brazil (1985), one of the key political films of the late 20th century. Brazil is one of the great political films, an extraordinary mixture of Fellini and Kafka, with a complex force of synthesized images, which belongs to Gilliam alone.” In Slate, critic Clive James assesses Brazil‘s take on torture, and what Michael Palin’s Jack Lint does and doesn’t tell us about the men usually holding the implements.
Tag: Torture
A Bad Year.
“Whenever the courts push back against the administration’s unsupportable constitutional ideas…the Bush response is to repeat the same chorus louder: Every detainee is the worst of the worst; every action taken is legal, necessary, and secret. No mistakes, no apologies. No nuance, no regrets. This legal and intellectual intractability can create the illusion that we are standing on the same constitutional ground we stood upon in 2001, even as that ground is sliding away under our feet.” Slate‘s Dahlia Lithwick surveys the top ten most outrageous civil liberties violations of 2006.
The United States of Torture.
“We don’t blame the Democrats for being frightened. The Republicans have made it clear that they’ll use any opportunity to brand anyone who votes against this bill as a terrorist enabler. But Americans of the future won’t remember the pragmatic arguments for caving in to the administration. They’ll know that in 2006, Congress passed a tyrannical law that will be ranked with the low points in American democracy, our generation’s version of the Alien and Sedition Acts.” Abu Ghraib becomes standard operating procedure as Dubya’s terror bill — horrifying as it is — passes the House 253-168 (roll call) and the Senate 65-34 (roll call.) Twelve Senate Dems (well, eleven Senate Dems and Lieberman) voted for the bill: Carper, Johnson, Landrieu, Lautenberg, Menendez, Nelson, Nelson, Pryor, Rockefeller, Salazar, Stabenow. Chafee was the only Republican to vote against it, Snowe abstained.
Shameful, pitiful, demoralizing, pathetic. What else is there to say? As Rebecca Blood sums it up (via Medley): “We have lost the war on torture. It’s devastating.“
Judgement of Nuremberg.
“The Nuremberg trials presupposed something about the human conscience: that moral choice doesn’t take its cues solely from narrow legalisms and technicalities. The new detainee bill takes precisely the opposite stance: Technicality now triumphs over conscience, and even over common sense. The bill introduces the possibility for a new cottage industry: the jurisprudence of pain.” Also at Slate, David J. Luban argues that Dubya’s recent torture bill spells the end of the Nuremberg era, a period when the US worked hard at “codifying genuinely international humanitarian law,” to say nothing of the Great Writ.
The Founders Writhe in Torment.
“Eliminating habeas is tantamount to letting hundreds of Guantanamo prisoners rot in jail.” After striking a somewhat nonsensical compromise with the McCain-Graham faction, Dubya gets most of his desired detention and torture bill, one which gives him the authority to interpret the Geneva Conventions by fiat and disallows detainees from either invoking the Conventions or challenging their treatment in any court. “‘It replaces the old broken’ military trial system ruled illegal by the Supreme Court with ‘a new broken commission system,’ said Marine Corps Col. Dwight Sullivan, the chief defense counsel for the Defense Department’s Office of Military Commissions. He said ‘it methodically strips rights’ guaranteed by laws and treaties and appears to be unconstitutional.” Update: The House GOP get gleeful about the torture bill.
Tribunes v. Tribunals.
“Purely from a strategic point of view, this is another mess…Every time Republicans think they have an issue to unite them and divide the Democrats, the Republicans end up spending most of the time fighting among themselves.” As fear-mongering and falling oil prices perhaps help the GOP get back in the race this November, the WP surveys the political implications of the recent stand of principle by Senators Warner, McCain, Graham, and Snowe against Dubya’s grotesque tribunal plan. Politics or no, Dubya’s proposed gutting of the Geneva Conventions must be stopped: “‘What is being billed as “clarifying” our treaty obligations will be seen as “withdrawing” from the treaty obligations,’ Graham said. ‘It will set precedent which could come back to haunt us.'”
Prison Break.
After fierce debate among the neocons, Dubya comes clean about the CIA’s secret prisons (outed by the Post last November) and moves the detainees held therein to Gitmo. But don’t think this moment of clarity means King George is playing it straight just yet: He’s also asking Congress to sidestep recent court decisions and grant him power to continue wiretapping without warrants and to torture alleged evildoers with impunity. And even moderate Republicans and military lawyers have issues with his recent attempts to deny suspected terrorists due process.
Update: Slate‘s Dahlia Lithwick has more: “The speech teemed with all the rhetorical wizardry you might expect of a do-over. Bush justified torture and extraordinary rendition while denying that they exist. He stuck a fork in the eye of the Supreme Court while agreeing to be bound by the majority’s decision. He conceded that Congress should play a role in creating military tribunals while demanding that it greenlight his plan.“
Res ipsa loquitur.
“This report raises serious concerns crucial to the survival of our democracy…If left unchecked, the president’s practice does grave harm to the separation of powers doctrine, and the system of checks and balances that have sustained our democracy for more than two centuries.” Then, again, I could be sold on the merits of bar associations…if they continue to call out Dubya for trampling on our Constitution.
UN: Do As You Say, not as you do.
“The State party should cease to detain any person at Guantanamo Bay and close this detention facility, permit access by the detainees to judicial process or release them as soon as possible, ensuring that they are not returned to any State where they could face a real risk of being tortured, in order to comply with its obligations under the Convention.” A day after an ugly prisoner uprising, the UN Committee Against Torture implores the US to close the prison at Gitmo. The report (PDF) also calls for the US “to expressly ban controversial interrogation techniques, and to halt the transfer of detainees to countries with a history of abuse and torture.“
Torture…again.
US officials find repeated instances of detainee abuse at six more Iraqi prisons, and — unlike last time — are not removing all the tortured prisoners from their place of custody, thus violating a promise made by Joint Chiefs chairman Peter Pace last November. “Pace said at a news conference Nov. 29 with Defense Secretary Donald H. Rumsfeld, ‘It is absolutely the responsibility of every U.S. service member, if they see inhumane treatment being conducted, to intervene to stop it.’ Turning to Pace, Rumsfeld responded: ‘I don’t think you mean they have an obligation to physically stop it; it’s to report it.‘” Now, why make that distinction, Rummy?