I'm surprised there's been no discussion of this so far, but considering the Military Commissions Act passed in the Senate just as the Mark Foley story was breaking, I guess it's somewhat understandable. I myself didn't find out the whole story about it until very recently.
In a nutshell, the Military Commissions Act authorizes military tribunals and "tough" interrogations for anyone designated an "enemy combatant" -- basically, suspected terrorists -- and prevents such detainees from petitioning for a writ of habeas corpus. It's given the U.S. government everything it needs to hold Americans indefinitely without charges or legal counsel. This law is not merely wrong, it may be one of the worst laws passed in America's history. I'm not usually one to make such statements, but there it is.
If you're taken off the streets under this law and designated an enemy combatant, what recourse do you have? The definition of enemy combatant does not exclude American citizens. It's not farfetched that a journalist, activist, or opposition party member could someday (not necessarily during this administration) find themself on the wrong end of this kind of treatment.
This isn't about a particular distrust for George W. Bush. I think he's quite unlikely to use the law to detain legitimate journalists or activists. I'm also not naive enough to take it for granted that future presidents will always show that kind of restraint. There will be people running in both major parties' primaries who have very good chances to get the nominations and who scared me even before I knew they'd be getting this kind of power. And that's just in the short term. This law has no sunset provisions -- an amendment to add them failed. If it's not reversed, I have little doubt that someone will eventually misuse it.
You guys know I'm not one to sling mud at Bush. Plenty of times on this board, I've defended him from accusations I thought were spurious. So I want you all to understand that when I say that Bush has signed into law a flagrant violation of the Constitution, I'm not saying it because I want to smear him. I'm saying it because it's the truth.
Contrary to popular belief, and seemingly his own belief, George W. Bush's job is not to protect the United States of America. George W. Bush's job is to protect the Constitution of the United States. With the signing of this bill into law, it has become clear that he's failed to do his job.
In a nutshell, the Military Commissions Act authorizes military tribunals and "tough" interrogations for anyone designated an "enemy combatant" -- basically, suspected terrorists -- and prevents such detainees from petitioning for a writ of habeas corpus. It's given the U.S. government everything it needs to hold Americans indefinitely without charges or legal counsel. This law is not merely wrong, it may be one of the worst laws passed in America's history. I'm not usually one to make such statements, but there it is.
If you're taken off the streets under this law and designated an enemy combatant, what recourse do you have? The definition of enemy combatant does not exclude American citizens. It's not farfetched that a journalist, activist, or opposition party member could someday (not necessarily during this administration) find themself on the wrong end of this kind of treatment.
This isn't about a particular distrust for George W. Bush. I think he's quite unlikely to use the law to detain legitimate journalists or activists. I'm also not naive enough to take it for granted that future presidents will always show that kind of restraint. There will be people running in both major parties' primaries who have very good chances to get the nominations and who scared me even before I knew they'd be getting this kind of power. And that's just in the short term. This law has no sunset provisions -- an amendment to add them failed. If it's not reversed, I have little doubt that someone will eventually misuse it.
You guys know I'm not one to sling mud at Bush. Plenty of times on this board, I've defended him from accusations I thought were spurious. So I want you all to understand that when I say that Bush has signed into law a flagrant violation of the Constitution, I'm not saying it because I want to smear him. I'm saying it because it's the truth.
Contrary to popular belief, and seemingly his own belief, George W. Bush's job is not to protect the United States of America. George W. Bush's job is to protect the Constitution of the United States. With the signing of this bill into law, it has become clear that he's failed to do his job.
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