Why Does Congress Hate America?
R. Jeffrey Smith of The Washington Post reports:
Lawmakers and administration officials announced last week that they had reached accord on the plan for the detention and military trials of suspected terrorists, and it is scheduled for a vote this week. But in recent days the Bush administration and its House allies successfully pressed for a less restrictive description of how the government could designate civilians as "unlawful enemy combatants," the sources said yesterday. They spoke on the condition of anonymity because of the sensitivity of negotiations over the bill.
The government has maintained since the Sept. 11, 2001, attacks that, based on its reading of the laws of war, anyone it labels an unlawful enemy combatant can be held indefinitely at military or CIA prisons. But Congress has not yet expressed its view on who is an unlawful combatant, and the Supreme Court has not ruled directly on the matter.
As a result, human rights experts expressed concern yesterday that the language in the new provision would be a precedent-setting congressional endorsement for the indefinite detention of anyone who, as the bill states, "has engaged in hostilities or who has purposefully and materially supported hostilities against the United States" or its military allies.
The definition applies to foreigners living inside or outside the United States and does not rule out the possibility of designating a U.S. citizen as an unlawful combatant. It is broader than that in last week's version of the bill, which resulted from lengthy, closed-door negotiations between senior administration officials and dissident Republican senators. That version incorporated a definition backed by the Senate dissidents: those "engaged in hostilities against the United States."
(entire article here, link via Andrew Sullivan)
This bill threatens all citizens and aliens alike with indefinite detention and torture without charge or trial, on nothing more than the executive branch's allegation that one is an "unlawful enemy combatant." Under the guise of national security, this bill would make us all less secure from our own government.
Andrew Sullivan writes:
Whatever else this is, it is not a constitutional democracy. It is a thinly-veiled military dictatorship, subject to only one control: the will of the Great Decider. And the war that justifies this astonishing attack on American liberty is permanent, without end. And check the vagueness of the language: "purposefully supported" hostilities. Could that mean mere expression of support for terror? Remember that many completely innocent people have already been incarcerated for years without trial or any chance for a fair hearing on the basis of false rumors or smears or even bounty hunters. Or could it be construed, in the rhetoric of Hannity and O'Reilly, as merely criticizing the Great Decider and thereby being on the side of the terrorists?