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Body Politics
By Chris Floyd
11/18/05 "Moscow
Times" -- -- Four years ago, President George W.
Bush quietly assumed dictatorial powers with a secret executive
order granting himself the right to imprison anyone on earth
indefinitely, without charges or trial or indictment or evidence,
simply by declaring them an "enemy combatant," on his say-so alone.
This week, the assemblage of bootlickers and bagmen that befoul the
U.S. Senate voted to codify the core of this global autocracy under
the pretense of curtailing it.
With great self-fluffing fanfare, the Senate passed two measures
ostensibly designed to stem the flood of torture and tyranny issuing
from the White House. But the twinned amendments to a military
spending bill have the curious effect of canceling each other out:
The anti-torture measure leaves Bush's tyranny intact, while the
anti-tyranny measure will allow torture to continue unabated. This
switcheroo, we are told by one of the scam's sponsors, "will
re-establish moral high ground for the United States," The
Washington Post reports.
But what can we actually see from this lofty moral promontory? We
see that all foreign captives in Bush's worldwide gulag have now
been stripped of the ancient human right of habeas corpus. They will
not be allowed to challenge "any aspect of their detention" in court
-- until they have already been tried and convicted by a "military
tribunal" constituted under rules concocted arbitrarily by Bush and
his minions. Only then, after years of incarceration without rights
or legal protection, will they be given access to a single federal
appeals court that can review their conviction -- subject to the
usual "national security" restrictions on challenging evidence
gathered by secret means from secret sources in secret places.
Remarkably, the Supreme Court is expressly prohibited from any
jurisdiction whatsoever over any aspect of gulag captivity, The
Washington Post reports. And of course, Bush can simply skip the
tribunal and keep anyone he pleases chained in legal limbo until
they rot. Neither of the ballyhooed amendments affects this raw
despotism.
Meanwhile, U.S. citizens can also be arbitrarily imprisoned
indefinitely without charge or trial. But for now, any Homelanders
caught in Bush's net can at least appear briefly in court prior to
their conviction, where they will enjoy a "judicial process" that
Stalin or Saddam would have loved: Bush officials present the judge
with a piece of paper declaring that the prisoner is one bad hombre,
but all the evidence against him is classified and nobody can see it
-- especially the prisoner, The Washington Post reports. And that's
it. The captive is then plunged back into the gulag, to be disposed
of according to Bush's whim. Again, this medieval mechanism of
tyranny was left untouched by the Senate's actions.
The Senate originally voted to cast Bush's captives into outer
darkness forever, without a single legal recourse. But then a few
prissy hens and bleeding hearts made the usual squawk about rights
and law and all that pinko jazz. So the compromise of allowing a
post-conviction appeal -- for people who have been arbitrarily
seized and held in isolation for years without charges, who have
often been tortured, humiliated and driven to madness or attempted
suicide before facing a kangaroo court -- was hastily cobbled
together and presented to the world as a triumph of the human spirit
and the American way.
Ah, but what about the anti-torture amendment, sponsored by the
Republican "maverick," Senator John McCain, and hailed by
editorialists across the land as a great leap forward in the
evolution of political morality? The effusions that have greeted
this measure are puzzling. It does nothing more than restate what is
already the law of the land. American forces were already forbidden
from subjecting any captive "to cruel, inhuman or degrading
treatment or punishment" as prohibited by the Constitution and the
UN Convention Against Torture. This regurgitation of existing law is
the extent of the McCain amendment, along with an adjuration to
interrogators to follow written guidelines for rough stuff set down
by the Pentagon.
But the partisans of atrocity in the Bush White House knew these
laws when they set up the gulag's torture regimen in 2001. They
simply redefined "torture" to accommodate any brutal technique they
cared to implement, then declared that the commander in chief is
beyond the reach of law in wartime -- and that any underlings who
commit crimes at his order are likewise absolved of legal liability.
This sinister sophistry is still very much in operation and remains
unchallenged by the toothless amendment of the "maverick."
The dual amendments are a cynical PR ploy: Torture will be condemned
in public but quietly continued in the former KGB camps and other
secret hellholes that Bush has strung across the world like a
barbed-wire necklace. The Pentagon's own lawyers certainly
understand the true nature of the game. As one told The Guardian:
"If detainees can't talk to lawyers or file cases, how will anyone
ever find out if they have been abused?" No one ever will, of
course; that's the point. With habeas corpus denied up front, the
worst cases of torture and false imprisonment can now be buried
forever in "indefinite detention"; the tribunals, with their access
to appeals, will be reserved for open-and-shut showpieces.
These draconian measures reach far beyond a handful of hard-core
terrorists. According to the Pentagon's own figures, more than
21,000 innocent people have been caged without due process in Iraq
alone, The Guardian reports. Hundreds more have been unjustly
imprisoned around the world. A regime that thrives on fear requires
a steady stream of "enemy combatants" to justify its unlimited "war
powers." The belly of this beast will never be full.
Annotations
Senators Agree on Detainee Rights
Washington Post, Nov. 15, 2005
Senate Rebukes Bush on Iraq Policy
Washington Post, Nov. 15, 2005
McCain Amendment to 2006 Department of Defense Appropriations Bill
United States Senate, Nov. 11, 2005
Detainees Deserve Court Trials
Washington Post, Nov. 14, 2005
Democrats Provided Edge on Detainee Vote
New York Times, Nov. 12, 2005
Rumsfeld can authorize exceptions to new "humane" interrogation
directive
Agence France Presse, Nov. 9, 2005
Guantanamo Inmates to Lose All Rights
The Observer, Nov. 13. 2005
Who They
Are: The Double Standard that Underlies our Torture Policies
Slate.com, Nov. 11, 2005
Jose Padilla and The Death of Liberty
Information Clearinghouse, Sept. 10, 2005
White House declines to totally rule out torture
Agence France Press, Nov. 13, 2005
We
Do Not Torture' and Other Funny Stories
New York Times, Nov. 13, 2005
Habeas Corpus
Wikepedia
Court Rules Military Panels to Try Detainees
Washington Post, July 16, 2005
Domination by Detention
Deep Blade Journaly, July 16, 2005
Ruling Lets U.S. Restart Trials at Guantanamo
Miami Herald, July 16, 2005
Alberto Gonzales' Tortured Arguments for Reigning Above the Law
LA Weekly, Jan. 14-20, 2005
Torture Treaty Doesn't Bar `Cruel, Inhuman' Tactics, Gonzales Says
Knight-Ridder, Jan. 26, 2005
Bush Has Widened Authority of CIA to Kill Terrorists
New York Times, Dec. 15, 2002
Special Ops Get OK to Initiate Its Own Missions
Washington Times, Jan. 8, 2003
Coward's War in
Yemen
Spiked, Nov. 11, 2002
Drones of Death
The Guardian, Nov. 6, 2002
Gonzales Excludes CIA from Rules on Prisoners
New York Times, Jan. 20, 2005
The Secret World of US Jails
The Observer, June 13, 2004
The Torture Memos: A Legal Narrative
CounterPunch, Feb. 2, 2005
CIA
Takes on Major Military Role: 'We're Killing People!
Boston Globe, Jan. 20, 2002
Our Designated Killers
Village Voice, Feb. 14, 2003
A U.S. License to Kill
Village Voice, Feb. 21, 2003
CIA
Weighs 'Targeted Killing' Missions
Washington Post, Oct. 27, 2001
US Again Uses Enemy Combatant Label to Deny Basic Rights
Human Rights Watch, June 23, 2003
[Bush Order] Lets CIA Freely Send Suspects to Foreign Jails
New York Times, March 6, 2005
Review: Torture and Truth and The Torture Papers
The New Statesman, March 7, 2005
The Torture Papers: Full Faith and Credit of the U.S. Government
San Diego Union-Tribune, Feb. 27, 2005
Copyright © 2005 The Moscow Times
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