“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.
Tag: War on Terror
A Righteous Wrath.
“I got closer to killing him than anybody has gotten since. And if I were still president, we’d have more than 20,000 troops there trying to kill him.” While talking of the War on Terror on FOX News, Bill Clinton gets mad as hell and decides not to take it anymore. “‘So you did FOX’s bidding on this show. You did your nice little conservative hit job on me,’ he said to [Chris] Wallace, occasionally tapping on Wallace’s notes for emphasis. ‘I want to know how many people in the Bush administration you asked this question of?’“
Casus Belli.
“‘It’s a very candid assessment,’ one intelligence official said yesterday of the estimate, the first formal examination of global terrorist trends written by the National Intelligence Council since the March 2003 invasion. ‘It’s stating the obvious.‘” A new classified report written by US intelligence agencies and unearthed by the NYT declares that Dubya’s Iraq sideshow has made us weaker in the War on Terror. Gee, you think?
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.
Did he eat the spinach?
A new intelligence report, which the French and Saudis are currently trying to confirm, suggests Osama Bin Laden may be dead or dying as a result of contracting a “serious water-borne illness” while on the run. I suppose that’s good news, although it’d be vastly more preferable if he were brought to justice alive. The lack of a body means Bin Laden could easily become a Zapata-like rallying symbol for aspiring terrorists for decades to come. Update: No confirmation as of yet.
Trip through your Wires.
“We should see the administration’s bill for what it is: a shattering assault on our constitutional system of checks and balances. It seeks to inaugurate an age of presidential supremacy over fundamental rights, without effective control by Congress or the courts. The Senate should reject it decisively when it comes to the floor in the coming weeks.” Yale professor Bruce Ackerman decries Dubya’s recent wiretapping bill, which recently passed out of committee on a party-line vote. (Thanks, Arlen.)
Al Liars.
“‘Saddam only expressed negative sentiments about bin Laden,’ the former Iraqi foreign minister, Tariq Aziz, told the Federal Bureau of Investigation when he was asked about Osama bin Laden, Al Qaeda’s leader…’He specified that if he wanted to cooperate with the enemies of the U.S., he would have allied with North Korea or China,’ says a passage in the nearly 400-page report.” A new Senate intelligence report confirms what has become patently obvious: There was no link between Iraq and Al Qaeda before the war. “Sen. Carl Levin, D-Mich., a member of the committee, said the long-awaited report was ‘a devastating indictment of the Bush-Cheney administration’s unrelenting, misleading and deceptive attempts’ to link Saddam to al-Qaida.”
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.“
Anna and the King.
“[P]ublic interest is clear, in this matter. It is the upholding of the Constitution.” In a strongly worded decision that minces no words about the Dubya administration’s “obviously” unwarranted powergrab, U.S. District Judge Anna Diggs Taylor finds the NSA warrantless wiretaps blatantly unconstitutional. “It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights…There are no hereditary Kings in America and no powers not created by the Constitution. So all ‘inherent powers’ must derive from that Constitution.” Elsewhere in the opinion, Taylor found that the wiretap program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III.” Update: As per the norm, the GOP try to shoot the messenger.
Terror Firma.
A day after Scotland Yard announces it managed to prevent a major terrorist incident (with the help of Pakistan), terror is back on the menu here at home, with the GOP invoking 9/11, 9/11, 9/11 and Lieberman — absolutely wallowing in shamefulness now — actually calling Lamont’s recent victory a boon for plane-bombers. This was a terrifying near-event indeed — were it not for top-notch intel work by British authorities, the world might’ve experienced another horrific day akin to September 11 in very short order. But, look closely, and you’ll find this plot by homegrown British terrorists bears the likely marks of Al Qaeda, which, last I recall, we left somewhere near Afghanistan to go dink around in Iraq. Crossover Joe and the GOP can shout terror to the heavens, but the fact is that Osama bin Laden and Al Qaeda are more of a threat to us today because of Dubya’s non-sequitur Iraq sideshow. Make no mistake: America is less safe because Dubya and the neocons chose to cut and run in Tora Bora so they could prosecute their war of choice in Baghdad.