This wasn’t a surprise, but it was nevertheless disheartening.
President Bush signed legislation Tuesday authorizing tough interrogation of terror suspects and smoothing the way for trials before military commissions, calling it a “vital tool” in the war against terrorism. […]
“With the bill I’m about to sign, the men our intelligence officials believe orchestrated the murder of nearly 3,000 innocent people will face justice,” Bush said.
That’s nonsense and Bush knows it (or, at a minimum, those who write the president’s remarks know it). We can bring terrorists to justice and acquire intelligence to prevent future attacks without this tragedy masquerading as legislation.
In describing this morning’s events, Dan Froomkin was at the top of his game.
President Bush this morning proudly signed into law a bill that critics consider one of the most un-American in the nation’s long history.
The new law vaguely bans torture — but makes the administration the arbiter of what is torture and what isn’t. It allows the president to imprison indefinitely anyone he decides falls under a wide-ranging new definition of unlawful combatant. It suspends the Great Writ of habeas corpus for detainees. It allows coerced testimony at trial. It immunizes retroactively interrogators who may have engaged in torture.
Here’s what Bush had to say at his signing ceremony in the East Room: “The bill I sign today helps secure this country, and it sends a clear message: This nation is patient and decent and fair, and we will never back down from the threats to our freedom.”
But that may not be the “clear message” the new law sends most people.
Here’s the clear message the law sends to the world: America makes its own rules. The law would apparently subject terror suspects to some of the same sorts of brutal interrogation tactics that have historically been prosecuted as war crimes when committed against Americans.
Here’s the clear message to the voters: This Congress is willing to rubberstamp pretty much any White House initiative it sees as being in its short-term political interests. (And I don’t just mean the Republicans; 12 Senate Democrats and 32 House Democrats voted for the bill as well.)
Here’s the clear message to the Supreme Court: Review me.
Obviously it’s too late, and I’m not suggesting we have yet another lengthy debate about a bill — pardon me, a law — that strikes at the heart of our system of justice. I nevertheless think it’s important to remember exactly what this measure, which Bush was “proud” to sign today, does.
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.
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.
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 [tag]torture[/tag] 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.
Someday, our country will rediscover our values, decency, and moral compass. Today, however, is not that day.