Editore"s Note
Tilting at Windmills

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November 29, 2006
By: Rachel Morris

COMMISSION OMISSIONS... A couple of people wrote to me about my post yesterday, pointing out that Chris Dodd and Patrick Leahy both have measures in the works addressing the Military Commissions Act, which is true. But I dont think these efforts will get very farbeyond Dodd, Leahy, Carl Levin and a few others, there doesn't seem to be a strong will among Senate Democrats to push too hard on this one.

Considering that Bush would almost certainly veto any change to the legislation, thats not unreasonable. But it does sadden me that the removal of habeas corpus, at the very least, isnt perceived as an issue worth taking up in order to raise its profile and to embarrass Bush by forcing a veto. (The always worthwhile Boston Globe Ideas section had an interesting piece a few weeks ago looking at why civil liberties issues have historically tended to be political non-starters.)

Its worth remembering that until the act was passed, the abuses of Guantanamo, Abu Ghraib, extraordinary renditions, and so on, were entirely within the control and knowledge of the executive branch. By insisting on the bill right before a tight midterm election, the administration managed to get Congress to acquiesce in its activities, a fact which has been under-appreciated so far, and which seems unlikely to change anytime soon. And perhaps acquiesce is too light a word: Joseph Margulies, the lead counsel who successfully argued the Rasul case before the Supreme Court, suggested in a talk today that the act grants the President greater powers than hed claimed before it was passed. Considering that Congress didnt know exactly what it was actually agreeing to, that seems plausible.

So with a legislative change unlikely, whats next? A legal challenge to the habeas provisions is already underway, and Margulies believes that if the court remains as presently constituted, I think well win. (Hang in there, Justice Stevens!) But any challenge to the commissions themselves will have to wait until someone is tried in one, which, according to Margulies, could take some time.

Rachel Morris 4:29 PM Permalink | Trackbacks | Comments (22)
 
Comments

Link to Globe article is broken.

Posted by: jkb on November 29, 2006 at 4:41 PM | PERMALINK

civil liberties issues have historically tended to be political non-starters.

Yeah, that pesky "taxation without representation" thing back in 1776 didn't go nowhere.

Posted by: impeach.remove.convict.punish.justice on November 29, 2006 at 4:49 PM | PERMALINK

It's too bad that there doesn't appear to be more political will for this; when you've got the JAG in your corner, there's a good chance that what you're considering is sound policy that won't endanger our security. But that's just nuance to this administration, and as we all know they don't do nuance.

Posted by: cyntax on November 29, 2006 at 4:55 PM | PERMALINK

beyond Dodd, Leahy, Carl Levin and a few others ...

uh, Rachel? Those are the incoming chairman of the Rules, Judiciary, and Armed Services committees. Why would you need more evidence of a "strong will" to alter the Military Commissions act? It seems to me that you've decided that the Democrats aren't displaying such strong will, and you're not going to let any pesky evidence get in your way. If no incoming committee chairs were expressing any interest in revisiting the MC act, that would be one thing, but to have three express such an interest - especially the incoming Judiciary chair - that's not chicken feed.

Posted by: Rich C on November 29, 2006 at 5:03 PM | PERMALINK

I've been emailing Ken Salazar (D-CO) on habeas corpus specifically since July. Longer on general human rights issues and torture. No response. Two weeks ago I wrote him a letter and hand delivered it to his office. Still no response.

I think there will be strong resistance from some purple state legislators, who don't yet trust that a major public opinion shift has occurred, to raising these issues in the near term, even with leadership support. Remember, Colorado re-elected Tancredo and Musgrave (prime fear and hate wingers), both of whom had very strong, centrist Dem opponents.

However, I'm usually wrong on my political prognostications, so there's hope.

Either way, there is much to be done. Restoring habeas corpus and observation of international treaty obligations on human rights is near the top of my agenda. But I understand that other issues (min wage, Med fix,) may do more to solidify political support for taking on edgier issues.

Posted by: Adams on November 29, 2006 at 5:23 PM | PERMALINK

It seems to me that you've decided that the Democrats aren't displaying such strong will, and you're not going to let any pesky evidence get in your way.
Posted by: Rich C on November 29, 2006 at 5:03 PM | PERMALINK

Exactly right.

Now - I'm pretty skeptical right now about whether the Dems are going to be able to leverage the whole issue of Republican Culture of Corruption (because of the money they've been forced to take, just to get into office).

But I'm not going to pass judgment until I see the next congress get down to business. It should be pretty evident within about 3-4 weeks what their intentions are. (are they there to get their share of the pork? Or are they there to clean house?).

All the jockeying and hand-wringing the media's been doing over committee appointments and such, in my opinion, is premature bruhaha. And we can't assume that the Repubs will sit on their hands and take it either. There will necessarily be some tactical decisions made by the Dems in response to Republican countermoves. And the Corporate Media will try to spin that in any negative light they can.

Posted by: impeach.remove.convict.punish.justice on November 29, 2006 at 5:29 PM | PERMALINK

I think there will be strong resistance from some purple state legislators, who don't yet trust that a major public opinion shift has occurred, to raising these issues in the near term, even with leadership support....
Posted by: Adams on November 29, 2006 at 5:23 PM | PERMALINK

Right.

And don't forget - given what has happened, they may be afraid to open that Pandora's Box. We'd all like to see certain war criminals appropriately punished for their treason.

But imagine what could follow from that, politically, in this country. It would take a stout heart to contemplate the ramifications. Impeaching Clinton was rough politics. Playground-bully stuff. What Bush could be held responsible for, is some really serious shit. I have a clear memory of watching a film clip in 1993, on CNN, of tanks firing on the Russian Parliment building. That was also, some really serious shit. Given the background of most of the Democratic leadership, I seriously doubt any of them have the spine to "go there".

Posted by: impeach.remove.convict.punish.justice on November 29, 2006 at 5:37 PM | PERMALINK

An icon for the new era,


http://img204.imageshack.us/img204/2712/libertykissesjusticecb0.jpg

Posted by: cld on November 29, 2006 at 5:38 PM | PERMALINK

Fabulous! I just printed that image for my office wall.

Posted by: Geology Rocks on November 29, 2006 at 5:48 PM | PERMALINK

The Boston globe article Rachel tried to link to is here:

http://www.boston.com/news/globe/ideas/articles/2006/10/15/who_cares_about_civil_liberties/

There's a WaMo address appended to the beginning of the hyperlink.

Posted by: grape_crush on November 29, 2006 at 6:22 PM | PERMALINK

Slate article as well:

http://www.slate.com/id/2150495

Welcome to the internets. Hope The Google works out well for you!

Posted by: grape_crush on November 29, 2006 at 6:25 PM | PERMALINK

But I'm not going to pass judgment until I see the next congress get down to business. It should be pretty evident within about 3-4 weeks what their intentions are.

I was really struck by how much action took place so quickly the last two times Democrats were election President. I certainly don't expect as much from a Congress with fairly slim majorities, but I really, really do hope oversight is taken seriously.

Republican Presidents seem to think that they don't not owe ANYBODY any information, much less honest information.

Posted by: little ole jim from red country on November 29, 2006 at 7:35 PM | PERMALINK

on the other hand - they could pass it, Bush would sign it with his get out of jail free card signing statements and it would sink into the memory hole.

Though I would more than welcome a courageous and principled battle over this - I honestly do not know how we can walk back this criminal act. Bush's rope-a-dope is a very effective tactic and dares congress to impeach him at every step.

Posted by: p\ on November 29, 2006 at 7:53 PM | PERMALINK

This is pathetic- the Dems need to step up.

Posted by: j.s. on November 29, 2006 at 8:14 PM | PERMALINK

I was really struck by how much action took place so quickly the last two times Democrats were election President.
Posted by: little ole jim from red country on November 29, 2006 at 7:35 PM | PERMALINK

Yes - it's quite a bit like two children fighting over how to set the thermostat.

Republican Presidents seem to think that they don't not owe ANYBODY any information, much less honest information.

I just hope that a Democratic Majority can persist long enough to unseal all the secret papers from the Bush 41 administration that Bush 43 locked away - that were set to be made public the very first week he took office. One really wonders what secrets they have to hide. Iran-Contra anyone? Hell, knowing 41, this shit could date back to when he installed the Shah.

Bush's rope-a-dope is a very effective tactic and dares congress to impeach him at every step.
Posted by: p\ on November 29, 2006 at 7:53 PM | PERMALINK

Exactly - it's like a crazy driver that's taking you down a mountain road at high speed, scratching up the sides, running over rocks, ripping holes in the oil pan - you tell him to stop - and he refuses, so your only recourse is to jump in the front seat and grab the wheel, which could throw the whole car off the cliff. The question is, how long are you going to trust the driver not to simply drive off the cliff?

Posted by: impeach.remove.convict.punish.justice on November 29, 2006 at 8:58 PM | PERMALINK

All of you with senators who voted for this garbage should let them know how you feel. In Cali, both of ours voted against.

Roll Call

Posted by: Andy on November 29, 2006 at 10:32 PM | PERMALINK

British Airways to Contact Passengers After Traces of Radiation Found on Planes

weduwediweiod

Posted by: gerg on November 29, 2006 at 10:36 PM | PERMALINK

The Democrats should push and push and push...until the Bush administration cracks...more than they already are cracked.

After which, the Democrats can sweep up the odious pieces of the cracked Bush administration (before any children can cut themselves on the sharp edges) and dump these foul pieces into the dustbin of history.

Posted by: The Oracle on November 29, 2006 at 11:39 PM | PERMALINK

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Posted by: ivanfish on November 30, 2006 at 4:06 AM | PERMALINK

Feck that!

God gave you the garbage disposal for a reason.

Posted by: Dustin of History on November 30, 2006 at 1:23 PM | PERMALINK




 

 
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