July 24, 2005
Club Gitmo
"The Administration understands that amendments may be offered to establish a national commission on the detainee operations or to regulate the detention, treatment or trial of terrorists captured in the war on terror. The Administration strongly opposes such amendments, which would interfere with the protection of Americans from terrorism by diverting resources from the war to answer unnecessary or duplicative inquiry or by restricting the President's ability to conduct the war effectively under existing law. The Constitution and the Authorization for Use of Military Force Joint Resolution (Public Law 107-40, September 18, 201) provide the authority the President needs to conduct the war effectively and protect the American people. If legislation is presented that would restrict the President's authority to protect Americans effectively from terrorist attack and bring terrorists to justice, the President's senior advisers would recommend that he veto the bill."
Emphasis in the original. That's an official statement of policy from the Bush Administration, in response to proposed amendments to the defense appropriations bill (via Balkinization, via Andrew Sullivan). What are these amendments that the Bush Administration finds so dangerous to national security?
One McCain amendment would set uniform standards for interrogating anyone detained by the Defense Department and would limit interrogation techniques to those listed in the Army field manual on interrogation, now being revised. Any changes to procedures would require the defense secretary to appear before Congress.It would further require that all foreign nationals in the custody or effective control of the U.S. military must be registered with the International Committee of the Red Cross -- a provision specifically meant to block the holding of "ghost detainees" in Iraq, in Afghanistan or elsewhere. The provision would not apply to detainees in CIA custody at nonmilitary facilities.
[...]
Another McCain amendment prohibits the "cruel, inhuman or degrading treatment or punishment" of anyone in the custody of the U.S. government. This provision, modeled after wording in the U.N. Convention Against Torture -- which the United States has already ratified -- is meant to overturn an administration position that the convention does not apply to foreigners outside the United States.
"Ghost detainees" are also already prohibited by the Geneva Conventions - I'm not sure if they make a distinction between military or CIA detainees. And the Geneva Conventions most certainly apply to "foreigners outside the United States."
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
(Emphasis mine.) Seeing as we've ratified the Convention on Torture and the Geneva Conventions, one would think that according to Article VI, clause II all of this was already the law of the land:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
(emphasis again mine) It would be profoundly disappointing if George Bush made his first ever Presidential veto about this issue. But hey, we're all learning to expect this from Republicans by now.
Posted by ben at July 24, 2005 01:50 PM