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A Bad Detainee Bill Gets Worse

by TChris

Fearful of being labeled "soft on terror," Senate Democrats continue to be timid in their opposition to the president's plan to give detainees sham trials before military tribunals. They need to wake up. Recent Republican changes in the bill endanger the rights of everyone.

The current definition of "enemy combatant," to whom the law would apply, broadens its reach from those who "engaged in hostilities against the United States" to those who "purposefully and materially supported hostilities against the United States." Material support is a vague concept that can be, and has been, applied to lawyers and interpreters assisting clients. Should lawyers who are United States citizens, acting within the boundaries of the United States and plainly protected by the Constitution, be subjected to trials before a military tribunal rather than a criminal court?

Another change undermines the meager progress that Republicans made to improve the bill. To avoid trials based on secret evidence, the bill gave suspects the right to "examine and respond to" the evidence. The latest version drops the word "examine," leaving suspects with the useless right to respond to evidence they aren't permitted to see.

Still another change would purport to eliminate the need to comply with the Fourth Amendment's warrant requirement for searches conducted in the United States:

[T]he original compromise said that evidence seized "outside the United States" could be admitted in court even if it had been obtained without a search warrant, a provision Republicans and Democrats agreed was necessary to deal with the unusual circumstances of seizing evidence on the battlefield. The bill introduced Monday dropped the words "outside the United States," which Democrats said meant that prosecutors could ignore American legal standards on search warrants within the country.

Bill Frist assures us that these are just "technical changes." That's an obvious lie. These are substantive changes designed to broaden executive power at the expense of fundamental fairness. Having been caught trying to reinistate trials based on secret evidence, Republicans call the elimination of the right to "examine" evidence a "drafting error." Right. The error would be to allow this bill to pass unchallenged.

According to the NY Times, some Democrats say "the changes to the bill had not yet reached a level that would cause them to try to block it altogether." So secret trials, the repeal of habeas corpus and the Fourth Amendment, and expansion of military trials to acts committed by U.S. citizens on U.S. soil isn't enough? What will it take to get your attention, Dems? Perhaps a provision permitting the president to define any political opposition to this policies as "material support for hostilities against the United States"?

< The Power of Citizens: Obama vs. Broder | Gov't. Expert: The 'Doogie Howser' of Terrorism >
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  • Re: A Bad Detainee Bill Gets Worse (none / 0) (#4)
    by theologicus on Wed Sep 27, 2006 at 09:12:29 AM EST
    To all who read this thread: Today is an especially important time to take action. Call -- don't write -- your Senators. Urge them to delay action on the detainee bill until after the recess.

    Re: A Bad Detainee Bill Gets Worse (none / 0) (#1)
    by Richard Aubrey on Wed Sep 27, 2006 at 09:49:18 AM EST
    I believe their attorneys are allowed to see the secret information on the wholely unjustified assumption that the attorneys will not send the secret information to al Q. That may have changed, but since the report referenced above refers to the perps rather than the attorneys, it wouldn't seem so.

    Re: A Bad Detainee Bill Gets Worse (none / 0) (#2)
    by Edger on Wed Sep 27, 2006 at 09:49:18 AM EST
    Fearful of being labeled "soft on terror," Senate Democrats continue to be...
    Soft on Fascism.

    Re: A Bad Detainee Bill Gets Worse (none / 0) (#3)
    by Talkleft Visitor on Wed Sep 27, 2006 at 09:49:18 AM EST
    I wish Democrats were PERFECT so the F-ing dem bashing would stop.. This just in.. Dems are NOT PERFECT.....

    Re: A Bad Detainee Bill Gets Worse (none / 0) (#5)
    by Talkleft Visitor on Wed Sep 27, 2006 at 09:49:18 AM EST
    'The bill introduced Monday dropped the words "outside the United States," which Democrats said meant that prosecutors could ignore American legal standards on search warrants within the country.' does this refer to the wiretapping/eavesdropping? is that why there are reports that there won't be a wiretapping bill?

    Re: A Bad Detainee Bill Gets Worse (none / 0) (#6)
    by Edger on Wed Sep 27, 2006 at 09:49:18 AM EST
    the right to "examine and respond to" the evidence. The latest version drops the word "examine," leaving suspects with the useless right to respond to evidence they aren't permitted to see. So secret trials, the repeal of habeas corpus and the Fourth Amendment, and expansion of military trials to acts committed by U.S. citizens on U.S. soil isn't enough? What will it take to get your attention, Dems? The Star Chamber Is Back by Paul Craig Roberts, August 18, 2004
    During the cold war, Western freedoms were favorably compared to the Soviet national identity card, which increased secret police efficiency.
    ...
    President George Bush and his Attorney General, John Ashcroft, have resurrected the "Star Chamber," made infamous by the Stuart kings in the 17th century for arbitrary, secret proceedings with no right of appeal. Today, American citizens can be arrested and held in secret indefinitely without being charged. ... If you think you still live in a free society, consider: The Patriot Act overturns the attorney-client privilege, and attorneys who aggressively defend their clients can be indicted for "aiding and abetting terrorism." ... September 11 was caused by intelligence failures, not by civil liberties. Yet, the government's response was to attack civil liberties. ... Where do matters stand? [...] If the government declares you "an enemy combatant" or a "material witness" you have no rights. The government can hold you forever without charges or until you admit to some offense in order to escape from isolation and from psychological and perhaps physical torture. I would rather take my chances with terrorists.
    It appears that we are Paul... and they are in the White House now, and in Congress. Too bad not enough people listened to you two years ago. At least some are listening now. Not "too little, too late", I hope.

    Re: A Bad Detainee Bill Gets Worse (none / 0) (#7)
    by Edger on Wed Sep 27, 2006 at 10:12:27 AM EST