By Rowan Wolf of Uncommon Thought Journal
President Bush signed the Military Commissions Act of 2006 on Tuesday 10/17/2006. With that signing, both the rules of human treatment of prisoners and captives, and the rule of habeas corpus became things of the past in the Untied States. As noted in LectLaw:
The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is “the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” Harris v. Nelson, 394 U.S. 286, 290-91 (1969)
Thank you Keith Olbermann for pounding this issue.
For background, I wrote Win-Win-Lose The Constitution on 9/23/06 on the vote on this legislation. TO not reiterate too much, the new law does two things that are of note. First, it is an attempt to protect the Bush administration for prosecution and impeachment for violation of U.S. law, and under the Geneva COnvention. Second, it turn the president of the United States from an elected official accountable to Congress, the legal system, and the people, into a despot who can lock up anyone he chooses – forever – without access to justice. In the process, it gives the rubber stamp to the use of torture, and the use of “evidence” gained under in court (also in the guise of “secret” evidence).
In my opinion, the U.S. has just transformed from a failing democratic state, to a failed democratic state. I am sad to say, and I apologize to the youth and future generations …