“At what point shall we expect the approach of danger? By what means shall we fortify against it? Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never! All the armies of Europe, Asia and Africa combined, with all the treasure of the earth (our own excepted) in their military chest; with a Buonaparte for a commander, could not by force, take a drink from the Ohio, or make a track on the Blue Ridge, in a trial of a thousand years. At what point, then, is the approach of danger to be expected? I answer, if it ever reach us it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.â€? - Abraham Lincoln, January 27, 1838.
It’s not as if there isn’t a cavalcade of empirical evidence pointing towards the eventual demise of the United States, the damage inflicted, of course, being entirely self administered. But yesterday’s passing of the Military Commissions Act of 2006 (S 3930) has accelerated that process to the point of providing one of the death nails.
Visages of Ingsoc
The Military Commissions Act’s most dangerous inclusions (Source: The New York Times)…
Coerced Evidence: Coerced evidence would be permissible if a judge considered it reliable — already a contradiction in terms — and relevant. Coercion is defined in a way that exempts anything done before the passage of the 2005 Detainee Treatment Act, and anything else Mr. Bush chooses.
Enemy Combatants: A dangerously broad definition of “illegal enemy combatant� in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted.
The Geneva Conventions: The bill would repudiate a half-century of international precedent by allowing Mr. Bush to decide on his own what abusive interrogation methods he considered permissible. And his decision could stay secret — there’s no requirement that this list be published.
Habeas Corpus: Detainees in U.S. military prisons would lose the basic right to challenge their imprisonment. These cases do not clog the courts, nor coddle terrorists. They simply give wrongly imprisoned people a chance to prove their innocence.
Judicial Review: The courts would have no power to review any aspect of this new system, except verdicts by military tribunals. The bill would limit appeals and bar legal actions based on the Geneva Conventions, directly or indirectly. All Mr. Bush would have to do to lock anyone up forever is to declare him an illegal combatant and not have a trial.
Secret Evidence: American standards of justice prohibit evidence and testimony that is kept secret from the defendant, whether the accused is a corporate executive or a mass murderer. But the bill as redrafted by Mr. Cheney seems to weaken protections against such evidence.
Offenses: The definition of torture is unacceptably narrow, a virtual reprise of the deeply cynical memos the administration produced after 9/11. Rape and sexual assault are defined in a retrograde way that covers only forced or coerced activity, and not other forms of nonconsensual sex. The bill would effectively eliminate the idea of rape as torture.
There is still hope that this legislation will be referred to the Supreme Court, but the fact that it has been willingly passed proves without question that a portion of the government of the United States has become so insulated and partisan as to have abandoned belief in the founding principles of their own country. If laws are required to usurp the authority of the Constitution in the name of national security, then true liberty no longer exists in the United States. To think that this might have been undertaken at this particular time because of its impact on the upcoming midterm elections is also a sickening thought.
Molly Ivins commented two days ago that…
“With a smug stroke of his pen, President Bush is set to wipe out a safeguard against illegal imprisonment that has endured as a cornerstone of legal justice since the Magna Carta.
[…]
“This bill is not a national security issue—this is about torturing helpless human beings without any proof they are our enemies. Perhaps this could be considered if we knew the administration would use the power with enormous care and thoughtfulness. But of the over 700 prisoners sent to Gitmo, only 10 have ever been formally charged with anything. Among other things, this bill is a CYA for torture of the innocent that has already taken place.�
And a New York Times editorial exclaimed yesterday…
“Here’s what happens when this irresponsible Congress railroads a profoundly important bill to serve the mindless politics of a midterm election: The Bush administration uses Republicans’ fear of losing their majority to push through ghastly ideas about antiterrorism that will make American troops less safe and do lasting damage to our 217-year-old nation of laws — while actually doing nothing to protect the nation from terrorists. Democrats betray their principles to avoid last-minute attack ads. Our democracy is the big loser.�
The following is a list of proposed amendments to the bill that were defeated…
The removal of the ban on habeas corpus.
The establishment of a sunset clause that would have allow Congress to revisit the legislation within five years.
A clause that would have required the Central Intelligence Agency to submit to Congressional oversight.
George Walked Bush has a little over two years left in his second term. In truth, perhaps the only peaceful way of saving not only the integrity of the United States, but the Union itself, is if the Democratic Party wins both houses in November and they move to impeach the President and convict members of his administration.
The Second Amendment of the US Constitution reads:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.�
The Second Amendment is interesting in that it ensures all Americans the right to take up arms to defend the security of a free State. One would assume that that includes action against the tyranny of the federal government and the military apparatuses that it holds power over.
In my opinion, there has never been a greater reason provided the American people to take into their own hands the revolutionary reclamation of their own government. For if the literal promises of the Constitution are to be lost, it is not enough to say that the people did not act because of apathetic resignation. If the government exists to prosecute the will of the people, then surely the loss of true representation provides reason enough to cause such significant offense that to not refuse to tolerate it would be tantamount to national suicide.