if you have already been down the hill.
According to the Washington Post in addition to adding torture without remedy to U.S. law, some are proposing the that the CIA be allowed to secretly detain in definitely and torture anyone who:
'"has engaged in hostilities or who has purposefully and materially supported hostilities against the United States" or its military allies'
Further such people have no right to habeas corpus or judicial review. Now consider:
- 1. Nothing apparently limits this bill to foreign nationals.
- 2. The Bush administration has already taken the position that it could detain a U.S. citizen (Jose Padilla) in an airport in Chicago for years without charges and fought his attempts for judicial review based solely on an affidavit claiming he was an "unlawful combatant"
Therefore this proposed bill gives the right to detain U.S. citizens without charges or trial or any sort of review indefinitely and subject them to torture. I never thought I would see the day when the U.S. would create a secret police.
All of this in addition violates Article III Section 3 of the Constitution:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Unlawful enemy combatant is a fancy word for traitor. People (note not citizens) accused of treason must be tried and convicted of treason in a court and in fact there is specific limits of the evidence against them .
Perhaps foolishly I have always believed that the United States of America was better than most other places because it was founded on the idea of fundamental liberty and that at its core the people believed in those liberties. Every day the Bush administration and its allies further disabuse me of any such notions.
Via Atrios and Kevin Drum
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