Friday, March 03, 2006

Why I "Hate Freedom"

Because our government thinks that this is a reasonable way for a democracy to behave:

Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture."

Government lawyers have argued that another portion of that same law, the Detainee Treatment Act of 2005, removes general access to U.S. courts for all Guantanamo Bay captives. Therefore, they said, Mohammed Bawazir, a Yemeni national held since May 2002, cannot claim protection under the anti-torture provisions.

Bawazir's attorneys contend that "extremely painful" new tactics used by the government to force-feed him and end his hunger strike amount to torture.

U.S. District Judge Gladys Kessler said in a hearing yesterday that she found allegations of aggressive U.S. military tactics used to break the detainee hunger strike "extremely disturbing" and possibly against U.S. and international law. But Justice Department lawyers argued that even if the tactics were considered in violation of McCain's language, detainees at Guantanamo would have no recourse to challenge them in court.

[...]

In court filings, the Justice Department lawyers argued that language in the law written by Sens. Lindsey O. Graham (R-S.C.) and Carl M. Levin (D-Mich.) gives Guantanamo Bay detainees access to the courts only to appeal their enemy combatant status determinations and convictions by military commissions.

"Unfortunately, I think the government's right; it's a correct reading of the law," said Tom Malinowski, Washington advocacy director for Human Rights Watch. "The law says you can't torture detainees at Guantanamo, but it also says you can't enforce that law in the courts."

Thomas Wilner, a lawyer representing several detainees at Guantanamo, agreed that the law cannot be enforced. "This is what Guantanamo was about to begin with, a place to keep detainees out of the U.S. precisely so they can say they can't go to court," Wilner said.


This was the first thing I read this morning, and I literally could not breathe. I actually had a full-blown anxiety attack over it. And yet, why does this shock me? Did I believe for one moment that the Administration had any intention of not torturing people anymore, just because John McCain really wanted them to? I hope John McCain feels like the pathetic emasculated Karl Rove lickspittle that he is. And I hope Lindsay Graham is proud of himself. Oh wait, he wants to spy on me, cuz I might be fifth column. So I'll bet he is proud of himself.

2 Comments:

At 12:20 AM, Anonymous Anonymous said...

Wow, could you be more melodramatic?

 
At 8:29 AM, Blogger AmyN said...

Wow, yeah, I totally could. I thought that was a pretty low-key post, given the subject matter, actually. Maybe you should sit for a moment and think about what it means that your only comment about my post about continued U.S. torture and our failed attempts to legally stop it was to take issue with my tone, as though I were a fourteen-year-old complaining about my lack of a homecoming date.

 

Post a Comment

<< Home