Archive for September 28th, 2006

Habeas Corpus, R.I.P. (1215 - 2006)

Senate OKs detainee interrogation bill
ANNE PLUMMER FLAHERTY, AP
1 hour, 31 minutes ago
http://tinyurl.com/k8b7y

WASHINGTON - The Senate on Thursday endorsed President Bush’s plans to prosecute and interrogate terror suspects, all but sealing congressional approval for legislation that Republicans intend to use on the campaign trail to assert their toughness on terrorism.

The 65-34 vote means the bill could reach the president’s desk by week’s end. The House passed nearly identical legislation on Wednesday and was expected to approve the Senate bill on Friday, sending it on to the White House.

The bill would create military commissions to prosecute terrorism suspects. It also would prohibit some of the worst abuses of detainees like mutilation and rape, but grant the president leeway to decide which other interrogation techniques are permissible.

The White House and its supporters have called the measure crucial in the anti-terror fight, but some Democrats said it left the door open to abuse, violating the U.S. Constitution in the name of protecting Americans.

Twelve Democrats sided with 53 Republicans in voting for the bill. Lincoln Chafee, R-R.I., in a tough re-election fight, joined 32 Democrats and the chamber’s lone independent in opposing the bill. Sen. Olympia Snowe, R-Maine, was absent.

Sen. Lindsey Graham, R-S.C., who helped draft the legislation during negotiations with the White House, said the measure would set up a system for treating detainees that the nation could be proud of. He said the goal “is to render justice to the terrorists, even though they will not render justice to us.”

Democrats said the Republicans’ rush to muscle the measure through Congress was aimed at giving them something to tout during the campaign, in which control of the House and Senate are at stake. Election Day is Nov. 7.

“There is no question that the rush to pass this bill — which is the product of secret negotiations with the White House — is about serving a political agenda,” said Sen. Edward Kennedy, D-Mass.

Senate approval was the latest step in the remarkable journey that Bush has taken in shaping how the United States treats the terrorism suspects it has been holding, some for almost five years.

The Supreme Court nullified Bush’s initial system for trying detainees in June, and earlier this month a handful of maverick GOP senators embarrassed the president by forcing him to slightly tone down his next proposal. But they struck a deal last week, and the president and congressional Republicans are now claiming the episode as a victory.

While Democrats warned the bill could open the way for abuse, Republicans said defeating the bill would put the country at risk of another terrorist attack.

“We are not conducting a law enforcement operation against a check-writing scam or trying to foil a bank heist,” said Sen. Mitch McConnell, R-Ky. “We are at war against extremists who want to kill our citizens.”

Approving the bill before lawmakers leave for the elections has been a top priority for Republicans. GOP leaders fought off attempts by Democrats and a lone Republican to change the bill, ensuring swift passage.

By mostly party-line votes, the Senate rejected Democratic efforts to limit the bill to five years, to require frequent reports from the administration on the CIA’s interrogations and to add a list of forbidden interrogation techniques.

The legislation could let Bush begin prosecuting terrorists connected to the Sept. 11 attacks just as voters head to the polls, and let Republicans use opposition by Democrats as fodder for criticizing them during the campaign.

“Some want to tie the hands of our terror fighters,” said Sen. Christopher Bond, R-Mo., alluding to opponents of the bill. “They want to take away the tools we use to fight terror, to handcuff us, to hamper us in our fight to protect our families.”

Democrats contended the legislation could set a dangerous precedent that might invite other countries to mistreat captured Americans. Their opposition focused on language barring detainees from going to federal court to protest their detention and treatment — a right referred to as “habeas corpus.”

“The habeas corpus language in this bill is as legally abusive of rights guaranteed in the Constitution as the actions at Abu Ghraib, Guantanamo and secret prisons that were physically abusive of detainees,” said Sen. Carl Levin, the top Democrat on the Armed Services panel.

Bush went to Capitol Hill Thursday morning, urging senators to follow the House lead and approve the plan.

“The American people need to know we’re working together to win the war on terror,” he said.

That didn’t stop Sen. Arlen Specter R-Pa., from offering an amendment that would have restored suspects’ habeas corpus rights. It was rejected, 51-48.

The overall bill would prohibit war crimes and define such atrocities as rape and torture, but otherwise would allow the president to interpret the Geneva Conventions, the treaty that sets standards for the treatment of war prisoners.

The legislation was in response to a Supreme Court ruling in June that Bush’s plan to hold and prosecute terrorists was illegal.

Bush had determined prior to that ruling that his executive powers gave him the right to detain and prosecute enemy combatants. He declared these detainees, being held at Guantanamo Bay prison in Cuba and in secret CIA prisons elsewhere in the world, should not be afforded Geneva Convention protections.

U.S. officials said the Supreme Court ruling threw cold water on the CIA’s interrogation program, which they said had been helpful in obtaining valuable intelligence.

Bush was forced to negotiate a new trial system with Congress. For nearly two weeks the White House and rebellious Republican senators — Graham, John McCain of Arizona and John Warner of Virginia — fought publicly over whether Bush’s proposed plan would give a president too much authority and curtail legal rights considered fundamental in other courts.

Under the bill, a terrorist being held at Guantanamo could be tried by military commission so long as he was afforded certain rights, such as the ability to confront evidence given to the jury and having access to defense counsel.

Those subject to commission trials would be any person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents.” Proponents say this definition would not apply to U.S. citizens.

The bill would eliminate some rights common in military and civilian courts. For example, the commission would be allowed to consider hearsay evidence so long as a judge determined it was reliable. Hearsay is barred from civilian courts.

The legislation also says the president can “interpret the meaning and application” of international standards for prisoner treatment, a provision intended to allow him to authorize aggressive interrogation methods that might otherwise be seen as illegal by international courts.

What’s right and good doesn’t come naturally. You have to stand up and fight for it - as if the cause depends on you, because it does. Allow yourself that conceit - to believe that the flame of Democracy will never go out as long as there’s one candle in your hand.
~ Bill Moyers

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)
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Add comment September 28th, 2006

Encouragements

Here’s a Cindy Sheehan I didn’t want you to miss. Then, what the Dem’s are doing to try to protect the vote … it’s late in the Congressional game for this — time is short, and these folks are packing up for recess*. Keep yer fingers crossed.

Jude

*recess — one of those words, in this context, that give you pause. Conjures notes home to Mom and half-eaten peanut butter sandwiches.

Lift Your Head
Cindy Sheehan
t r u t h o u t | Perspective
Thursday 28 September 2006
http://www.truthout.org/docs_2006/092806A.shtml

I cannot teach you violence, as I do not myself believe in it. I can only teach you not to bow your heads before any one even at the cost of your life.
~ Mohandas Gandhi

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, having its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
~ Declaration of Independence

71 Peaceful Protestors Arrested at Capitol
Four Peace Activists Arrested at Sen. Charles Grassley’s Office in Iowa
Students, Parents United to Stop Calls From Military Recruiters
AWOL Soldier to Surrender at Army Base
25 Arrested in Front of UN
One Dozen Arrested at Sen. Santorum’s Office

Above are recent headlines which show that North Americans, citizens of the USA, are getting fed up with bowing their heads to the criminals du jour who inhabit our White House.

It has always been our birthright and absolute imperative to peacefully protest our government and to hold them accountable to represent us the way that we want to be represented. Through the Clinton years, when we thought we were peaceful and apparently prosperous, we were lulled into a comfortable complacency. Since 9/11, we have been bullied into being fearful of the boogeyman and our now-vindicated toiletry items that can rejoin us in airplane cabin.

Those of us who spoke out against George and his war were marginalized and demonized. Phil Donahue was fired for being too outspoken, Mrs. Joe Wilson was outed, General Eric Shinseki was forced to retire, vile accusations were leveled against weapons inspectors who dared to say that Saddam had none, etc., etc. Even if we disagreed with the impending invasion, many of us were terrified to say anything lest we be reduced to “focus groups.”

Now it appears that people are not terrified to stand up for peace and justice. I am so proud of America for not buying into the bull crap that if you oppose the illegal occupation of Iraq, then you are exactly like a “Nazi sympathizer.” (Who wants to be equated with Georgie’s grandpappy, Prescott Bush). It makes me proud to be an American, because we are putting our bodies on the line for peace.

It is now the time to stand up and be counted and tell this out of control government of ours that we are withdrawing our consent to be governed by them.

Our dear young people, who made the horrible mistake of joining our military, are being further abused by their lily-livered civilian leadership and having their deployments extended when they never should have been in Iraq in the first place.
Our nation’s National Guard are being asked to perform duties that they never enlisted for and they are also being held hostage to Halliburton in Iraq.

The people of Iraq are being killed for having the unmitigated gall of having been born on and living on top of Exxon’s oil.

Now is the time to rise up. Now is the time to lift our heads and refuse to be bowed by war criminals. Now.

I have a story to share. When I was in Jordan with the peace contingent, meeting with Iraqi parliamentarians, we heard the testimony of a Sheik who is also a respected mullah in Iraq. He told us that members of the US Army broke into his house, raped his wife, beat him severely, and took him to prison, where he was further tortured in compliance with George’s barbaric and cruel policies. All of this happened in front of his teenaged son.

Listening to him describe his injuries and the awful treatment he received from my country, I apologized to him, weeping. No human being should treat another human being so inhumanely. He listened then he said this: “My son’s dream is to get a rifle and climb up onto a rooftop and assassinate Americans. I will tell him that there are Americans like you and encourage him not to do this thing.”

Now, imagine that you are sitting at home with your family. Maybe you are all watching “Dancing with the Stars.” A foreign invader breaks in rapes the mom and beats and hauls off the dad. How would your son feel? How would you feel? Would your family be justified in resisting the violence and repression? Or would you just bow your head and say: thank God for the freedom and democracy these fine people are bestowing on me?

I wonder how much money was spent on the CIA National Intelligence Estimate that reports that George’s war of terror on Iraq is causing Islamic Jihadism to arise. Duh. Any person who thinks knows that committing atrocities on humans only breeds hatred and animosity, not grateful feelings of love and support for one’s oppressor.

We had planes tragically fly into our buildings on 9/11, killing our loved ones and destroying our sense of safety, but they were not flown into the buildings by the babies of Iraq and Afghanistan. What’s the difference between flying planes into buildings and causing innocent deaths and dropping bombs from planes on buildings and causing innocent deaths? It is time to quit repaying hate with hate and violence with violence.

I am so pleased that more people are lifting up their heads against the repression and violence of our government. But it will take all of us. It will take a concerted effort by each and every one of us to finally end the cycle of never-ending death.

Please support Rep. Jim McGovern’s HR 4232 that calls for immediate de-funding of the killing in Iraq.

Come join GSFP and the Camp Casey Peace Institute in Washington, DC, on election day to show BushCo that we are withdrawing our consent to be governed by torturers and killers.

We are fed up. We want our country back. ++

Senators Propose Funds for Paper Ballots to Back Up Electronic Ones
Ian Urbina
Wednesday, September 27, 2006 by the New York Times
http://www.commondreams.org/headlines06/0927-04.htm

WASHINGTON - Three Senate Democrats proposed emergency legislation today to reimburse states for printing paper ballots that can be ready at polling places in case of problems with electronic voting machines on Nov. 7.

The proposal is a response to grass-roots pressure and growing concern by local and state officials about touch-screen machines. An estimated 40 percent of voters will use those machines in the election.

“If someone asks for a paper ballot they ought to be able to have it,” said Senator Barbara Boxer of California, a co-sponsor of the measure with Senator Christopher J. Dodd of Connecticut and Senator Russ Feingold of Wisconson.

Republican leadership aides were skeptical about the prospects for the measure. It would have to advance without opposition from any senator and then make it through the House in the short time available before Election Day.

Dozens of states are using optical-scan and touch-screen machines to comply with federal laws intended to phase out lever and punch-card machines after the hanging-chads confusion of the 2000 presidential election. Widespread problems were reported with the new technology and among poll workers using the machines this year in primaries in Arkansas, Illinois, Maryland, Ohio and elsewhere.

Local and state officials have expressed concern that the new systems might not be ready to handle increased turnouts. Election experts fear that the lack of a paper trail with most touch-screen machines will leave no way to verify votes in case of fraud or computer failure.

Last week, Gov. Robert L. Ehrlich Jr. of Maryland, a Republican, joined the skeptics, saying he lacked confidence in his state’s new $106 million electronic system and suggesting that state officials offer all voters paper ballots as an alternative.

The proposed federal bill would provide 75 cents for each backup paper ballot that local officials print. If ballots are printed for half the 27 million voters expected to use touch-screen machines, Ms. Boxer said, her bill would cost Washington no more than $10.1 million.

Barbara Burt, vice president and director of election reform programs at Common Cause, a good-governance advocacy group, said that the bill would have been stronger if it had required precincts to provide paper ballots in federal elections, but that it was a step in the right direction.

“Lack of funding has been the main excuse that local election officials have used to avoid implementing paper precautions,” Ms. Burt said. “This takes that excuse away from them entirely.”

Ms. Boxer said ordering paper ballots in all elections would have been impractical.

“I think Big Brother dictating something to local jurisdictions is a big mistake, because they will balk at it,” she said. “What we’re saying here is that you run your own elections, and we are going to help you run it properly. If local officials don’t take advantage of the option to take precautions, then they’re the ones on the line.”

Brad Friedman, a liberal blogger and longtime critic of electronic voting, said that incentives to print paper ballots would help, but that without a federal mandate some voters would still have no choice but to use touch-screens.

“In the case of many states, such as Florida, there is simply nothing in the state code that allows election directors to provide emergency ballot in the event of machine failure,” he said.

On Thursday, the Committee on House Administration, which has a role in overseeing election procedures, will hold a hearing on whether to require that all voting equipment produce a paper record that lets voters verify how they voted. ++

Kerry-Feingold resolution urges back-up plans for voting machines on election day
RAW STORY
Wednesday September 27, 2006
http://tinyurl.com/h295e

Senators Russ Feingold (D-WI) and John Kerry (D-MA) introduced a resolution urging state and local governments to have back-up systems in place on election day to ensure that every eligible voter who wants to vote is able to, according to a press release obtained by RAW STORY.

“The Senators’ Sense of the Senate resolution notes the difficulties that voters in many states have experienced with new voting technology and urges states to do whatever is necessary to ensure that voters are actually able to cast a vote on November 7, 2006, including providing emergency paper ballots in the event of a voting machine failure,” states the press release.

Excerpts from press release:

#

“We cannot allow the American people to lose faith in the most fundamental aspect of our democratic system – the right to vote,” Feingold said. “Some of the problems we saw this year, like voters in Maryland being told to come back later because the machines weren’t working, are simply unacceptable. A back-up plan as simple as having emergency paper ballots on hand is essential to preventing election day disasters.”

Kerry said, “It’s a disgrace that a Congress and an Administration which talks about exporting democracy around the world ignores the challenges of our own democracy right here at home. We have seen American citizens disenfranchised in our elections for the simple reason that no effective back up system was in place. That’s a national scandal. But here we are, 42 days away from another election, and Congress has again dragged its feet even after we mobilized 35,000 citizens to demand a hearing for our Count Every Vote Act, even after what we saw just this month in Montgomery County.”

“We need emergency action now. That is why I am co-sponsoring the Dodd-Boxer legislation to provide emergency paper ballots and that is why Russ Feingold and I are introducing our resolution today demanding election day back-up plans. We have a duty to ensure that no citizen will be denied the right to vote in 2006.”

Feingold and Kerry are also co-sponsoring legislation with Senators Barbara Boxer (D-CA) and Christopher Dodd (D-CT) to help states make paper ballots available in case of election day problems with electronic voting machines. Feingold and Kerry introduced the resolution ahead of Congress’ adjournment for the 2006 elections. With the problems some voters have already experienced during primary elections this year, the senators believe the Senate should be on record supporting state efforts to be prepared in the event of problems on Election Day.

Earlier this month, problems with new voting technology were reported in a number of primaries around the country.

PDF copy of Kerry-Feingold resolution can be viewed at this link
http://feingold.senate.gov/FeingoldKerry_Sense_of_the_Senate.pdf

What’s right and good doesn’t come naturally. You have to stand up and fight for it - as if the cause depends on you, because it does. Allow yourself that conceit - to believe that the flame of Democracy will never go out as long as there’s one candle in your hand.
~ Bill Moyers

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

Add comment September 28th, 2006

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