Editorial 8.10, October 2006, by Deirdre Helfferich A Craven Congress Kowtows to the King The Military Commissions Act, which passed both House and Senate is at this writing awaiting President Bush’s signature. This bill will become one of the worst laws in the history of the United States. Our Congressional delegation voted unanimously for this attack on our Constitution and rights, and in so doing, directly contravened their oath of office:
Ted Stevens, Lisa Murkowski, and Don Young have broken faith and allegiance to the Constitution by voting for the Military Commissions Act. They were joined in the House by 252 other representatives and in the Senate by 63 other senators. In my opinion all of these individuals have committed an irredeemably immoral and criminal act. Congress has failed utterly in its duty to uphold the law of the land, and abandoned the most basic of principles in a democratic republic: that of the Great Writ of habeas corpus.1 For Stevens, this vote was in keeping with other votes he has made regarding habeas corpus and cruel and unusual punishment.2 Murkowski’s record on civil rights is spotty: she voted for the Graham Amendment to the 2005 Military Authorization Bill, which stripped the federal courts of jurisdiction over applications for habeas corpus brought by those declared enemy combatants (in other words, everybody in Guantanamo Bay and the black sites we have in Europe). Young has a strong Libertarian streak, and has frequently voted in favor of keeping government from oppressing our rights. For example, he voted against every attempt to extend the USA PATRIOT Act’s liberty-infringing provisions.3 But he has failed us here, going far beyond what the PATRIOT Act ever did. Young is the only member of our delegation who is up for re-election this November. On the basis of this one vote alone, I urge the public to reject him, and to vote for Diane Benson. Pork-barrel bridges and crusted seniority mean nothing when our very freedom is at stake. We desperately need representatives who understand the principles upon which our country is founded, and it is clear that Young does not. Here is why the Military Commissions Act is so despicable: 1) It eliminates the right of habeas corpus for those detained as enemy combatants. The courts could not review any challenge to detention, and no person could invoke the Geneva Conventions or their protocols in any action in any US court. 2) It gives the Executive the authority to determine who may be labeled an unlawful enemy combatant. Civilians captured off the battlefield may be tried in military tribunals. 3) It allows hearsay or coerced testimony or secret evidence in military tribunals. Such tribunals may hand down a death penalty, with clemency in the hands of the president. 4) The president may determine which interrogation methods are permissible and interpret the meaning and application of the Geneva Conventions. His decision may remain secret, should he so choose. 5) “Coerced” is defined so as to exempt any type of coercion (such as torture) applied before the passage of the 2005 Detainee Treatment Act. The act provides retroactive exoneration for possible war crimes committed back through 1997 (a.k.a., the “Cover Your Ass provision”). It does not exonerate those already convicted, such as Lynndie England, now serving a three-year prison sentence for maltreating prisoners in Abu Ghraib. 6) The accused would not have the right to see the testimony against him or to face his accusers. 7) Those detained could be detained indefinitely, without charge, and secretly. There is more, but this act effectively gives the president of the United States the powers of a dictator or absolute monarch. Not since before 1215 have even kings had this kind of unfettered power. The Military Commissions Act sullies our country and brings shame to us all. Believe it, people: it IS happening here. 1. See the discussion of habeas corpus by Thom Hartmann. 2. See “Pro-Torture Ted”, The Ester Republic, v. 7 n. 12. 3. These votes on behalf of freedom make it even more peculiar that he would have voted for this bill. | ||
 | | |
