Thursday :: Sep 21, 2006

Its official: the US will torture

by soccerdad

Marty Lederman at Balkinization has the scoop on the "compromise" in a post titled: Senators Snatch Defeat From Jaws of Victory: U.S. to be First Nation to Authorize Violations of Geneva He has the text of the agreement so go see for your self.

some lowlights:

the U.S. will hereafter violate the Geneva Conventions by engaging in Cold Cell, Long Time Standing, etc., and that there will be very little pretense about it. In addition to the elimination of habeas rights in section 6, the bill would delegate to the President the authority to interpret "the meaning and application of the Geneva Conventions" "for the United States."
it would preclude courts altogether from ever interpreting the Geneva Conventions -- any part of them -- by providing that "no person may invoke the Geneva Conventions or any protocols thereto in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party as a source of rights, in any court of the United States or its States or territories."

If this is enacted, the only hope would be the prospect of the Supreme Court holding that both the habeas cut-off, and the "no person may invoke Geneva" provision, are unconstitutional.

I'm too angry to write anything coherent without a string of expletives.

soccerdad :: 4:49 PM :: Comments (8) :: Digg It!