What is the best way to expose a Policitian, or Congress’s, actions that you think are highly inappropriate, but perfectly legal? Is voting enough? Newspapers? What can I do personally?
Case in point. The Detainee Treatment Act. You remember that one right, John McCain, enemy combatant rights, The US does not Torture!, handshakes and smiling all around, pictures while signing, press and television interviews.
None of that matters. Here is what you have to look for when it comes to a politician. What did they say under oath, what exactly does the statute they are enacting say and who voted for it/against it. Those are the only three things you should ever pay attention too. Not what is the title of the Act. Not when a politician later says, “oh, I didn’t realize that’s what that meant”, Not here’s some language from it (but is just superfluous), but what does the last part that I don’t quite understand mean (that part is really important, like a credit card application).
So the DTA. Enacted on Dec. 31, 2005.
Sec 1002. This limits interrogations to what is in the army field manual. This is a good thing. The US military is a first class organization. Question: So the CIA can’t waterboard anymore because it’s not in the army field manual right? It’s not in the field manual, but No. Sec. 1002 is limited to the Dept. of Defense. The CIA is not apart of the DoD. Damn.
Sec. 1002. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.
That’s an awesome title! That has to mean America doesn’t torture. Keep reading. (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined- In this section, the term ‘cruel, inhuman, or degrading treatment or punishment’ means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
haha, whoa, so this only actually “confirms” what was already in the CAT? and the understandings are not even defined here! Wonder why. Because that’s the actual part that’s binding law and that language reads like a horror film.
So why the hell was this Act even passed? Is it that part at the end I don’t really understand and no one ever talked about on TV or in the papers? Yes.
First, a lil history. Bush had signed an executive order denying the writ of habeas corpus to detainees in Guantanamo. On June 29, 2004 in Rasul v. Bush, the US Supreme Court said there was a statute on the books, 2241, that gave them a statutory right to habeas and this trumps an executive order. This brings us to the DTA (enacted on Dec. 31, 2005, hmmm, that’s pretty quickly after Rasul).
SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE THE UNITED STATES.
(1) an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba;
What does that mean? It means Congress didn’t like the decision in Rasul so they enacted a law that said detainees did not have access to the writ. Wow.
Here’s the DTA
Here’s a NY times article "House Backs McCain on Detainees, Defying Bush" after it passed through the house.
Please feel free to shred anything you do not agree with above.
End of case in point. This is a not Republican or Democrat thing so any indication of that is purely coincidence and not intended. This is just something I’m familar with. Both sides are politicians, there are a couple on each side that actually vote how they talk.
The point is, what can I do? Write them all a letter saying I know what you did? Report it to the NY times? Take the extraneous time and effort to find the few politicians who say and act how they vote and overlook the issues we disagree about?