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Bush Guts Enforcement of Geneva Conventions

By Jeralyn, Section Terror Detainees
Posted on Wed Sep 06, 2006 at 11:43:03 PM EST
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Hold your praise for Bush's turnaround on the overseas detention of suspected terrorists. The ACLU explains why:

"The president also proposes to gut enforceability of the Geneva Conventions by amending the War Crimes Act to completely immunize from prosecution civilians who subjected persons to horrific abuse that may have fallen short of the definition of 'torture.' As a result, government officials and civilian contractors who authorized or carried out waterboarding, threats of death, and other abuse would get a 'get out of jail free' card under the president's bill. The nation's soldiers and sailors would remain liable under the Uniform Code of Military Justice, but civilians would be immune from prosecution under the only statute that applies to many of these acts. That is simply wrong.

"The new Army Field Manual avoids some of the worst problems with earlier drafts and clarifies that those held by the military or at military facilities must be afforded the protections of the Geneva Conventions. However, it then creates loopholes for so-called 'unlawful combatants' by depriving them of the same protections--and specifically authorizes holding persons in isolation. And, the new manual does not apply to those held by the CIA. The Bush proposal is lip service unless the executive branch actually holds people accountable for violating it.

What Bush did do yesterday was to acknowledge that the U.S. is holding prisoners in secret detention facilities overseas, something we have all known but to date he's refused to admit. So what's his goal? As always, it's to get Congress to authorize another illegal system, one that denies due process. The New York Times reports:

"As soon as Congress acts to authorize the military commissions I have proposed, the men our intelligence officials believe orchestrated the deaths of nearly 3,000 Americans on Sept. 11, 2001, can face justice,'' Mr. Bush said. "To start the process for bringing them to trial, we must bring them out into the open.''

It's a bait and switch. Congress must not fall for it. Bush's proposal allows trial by secret evidence the defense is not permitted to see. It allows the military to exclude defendants from being present at their own trials. It allows evidence obtained by abuse (read "torture") to be used agains the detainee at trial.

As with everything Bush does, this is yet another political ploy.

By moving the high-profile suspects to Guantánamo just two months before the midterm elections, the administration is putting intense pressure on lawmakers to act before adjourning to campaign. If Democrats try to thwart legislation to try senior members of Al Qaeda, they will risk being labeled weak on national security, a label they can ill afford in an election that may turn on the question of which party is better suited to keep Americans safe.

Another dead giveaway:

In his speech, Bush endorsed controversial legislation that would exempt U.S. officials and CIA officers from prosecution for some past detainee abuse. He called "unacceptable" provisions in a 10-year-old U.S. law on war crimes that subjects officials to possible prosecution for humiliating or degrading the dignity of detainees.

What's a better solution? How about revisiting the Nuremberg trials?

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    Bush Guts Enforcement of Geneva Conventions | 2 comments (2 topical)
    Re: Bush Guts Enforcement of Geneva Conventions (none / 0) (#1)
    by clio on Wed Sep 06, 2006 at 11:05:34 PM EST
    Yes, I agree that this must be the reason for such a stunning admission on Bush's part, and I think it indicates that the White House is convinced that at least one house of Congress will fall to the Democrats in this election cycle. Wouldn't you like to see their polling? Must be horrific. I watched the replay of the announcement, and 2 things are clear: 1. Bush hates what he's having to say (he's always most articulate when he's angry) 2. Bush is extraordinarily nervous about the content of this speech. It couldn't have been the audience. They were friendlies. I think that he knows what he's doing is very high risk, so all other alternatives must be worse. Surely, the changes that the administration wants can be delayed, even with the Congress in Republican hands, until after the election. Then, when the push will really come down, it should be easier to argue that such important changes should wait on the people's new mandate. That is provided there is a new mandate. Not only am I working for it, but I think, that I, a UCC Congregationalist of almost Unitarian persuasion, will take up prayer.

    Re: Bush Guts Enforcement of Geneva Conventions (none / 0) (#2)
    by Talkleft Visitor on Thu Sep 07, 2006 at 02:41:18 PM EST
    The American Civil Liberties Union today expressed opposition to the president's proposal to try detainees What a surprise! Too bad the ACLU isn't actually concerned with "Americans"! I submit they officially change their name. It sure seems to me they are more concerned with the "rights" (and I use that term loosley) of terrorists and "illegal" aliens than the average American they are supposedly there to protect. What a joke... they are about as useful to a US citizen as the UN is!

    Bush Guts Enforcement of Geneva Conventions | 2 comments (2 topical)