Showing posts with label Torture. Show all posts
Showing posts with label Torture. Show all posts

Sunday, September 25, 2011

“... a piece of legislation I introduced into Congress..."

 “... a piece of legislation I introduced into Congress in late 2007 concisely reflects my views on civil liberties and executive power in light of the war on terror.  I am referring to the American Freedom Agenda Act of 2007.  Among other things, the legislation 


  • repeals the Military Commissions Act of 2006 
  • forbids the use of statements extracted by torture as evidence in any civilian of military tribunal; 
  • subordinates the executive’s surveillance activities to the requirements of the Foreign Intelligence Surveillance Act (FISA); 
  • gives the House of Representatives and the Senate legal standing to contest in court any presidential signing statement that indicates the executive’s intention to disregard any provision of a bill; and
  • provides that nothing in the Espionage Act of 1917 prevents any journalist from publishing information received from the executive branch or Congress “unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States.”
[......]

Any individual detained as an enemy combat by the United States “shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code.”

The Act also says, “No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President’s believe that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process.”  Knowing violations of this section are to be punished as felonies.” -Pages 123 & 124 of The Revolution, A Manifesto

“It is time for us to wake up..."

“It is time for us to wake up.  We have allowed the president to abduct an American citizen [Jose Padilla] on American soil, declare him an “enemy combat” (a charge the accused has no power to contest, which is rendered by the president in secret and is unreviewable), detain him indefinitely, deny him legal counsel, and subject him to inhumane treatment.  [...]  Have we been so blinded by propaganda that we have forgotten basic American principles, and legal guarantees that extend back to our British forbears eight centuries ago?  This is an outrageous offense against America and her Constitution.  Claims that these powers will be exercised only against the bad guys are not worth listening to.” -Pages 121 & 122 of The Revolution, A Manifesto

“A decent society never accepts or justifies torture...."

“A decent society never accepts or justifies torture.  It dehumanizes both torturer and victim, yet seldom produces reliable intelligence.  Torture by rogue American troops or agents puts all Americans at risk, especially our rank-and-file soldiers stationed in dozens of dangerous places around the globe.  It is not difficult to imagine American soldiers or travelers being taken hostage and tortured as some kind of sick retaliation for Abu Ghraib.  
Beyond that is the threat posed by unchecked executive power. [...] But the argument for extraordinary wartime executive powers has been made time and time again, always with bad results and the loss of our liberties.  That’s why it is precisely during times of relative crisis that we should adhere most closely to the Constitution, not abandon it.  The Founders were especially concerned about the consolidation of power during times of war and national emergencies.” -Pages 119 & 120 of The Revolution, A Manifesto

“Much more is at stake here than privacy violations..."

“Much more is at stake here than privacy violations or unconstitutional searches, important and dangerous as those are.  For example, the president has made clear, in one of his signing statements, that he retains the power to engage in torture regardless of congressional statues to the contrary.  Defense Department memoranda say the same thing.”  -Page 119 of The Revolution, A Manifesto