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John McCain, who was tortured by the Vietnamese, and Joe Lieberman, who to the best of my knowledge isn't even tickled by a conscience, have introduced The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010. McCain's press release calls it "A clear, comprehensive policy for the detention, interrogation and trial of enemy belligerents who are suspected of engaging in hostilities against the United States. This legislation seeks to ensure that the mistakes made during the apprehension of the Christmas Day bomber, such as reading him a Miranda warning, will never happen again and put Americans' security at risk."

Apparently, John McCain is so disgusted with the rule of law that he has introduced a bill so vile and repulsive that it shocks principled, conservative Americans to their very core. Rather than demonstrate compassion and morals, McCain is now calling for what was done to him, to be done to others.

The bill creates a new legal term, "Unprivileged Enemy Belligerent," gives the Office of the President unilateral and unchecked authority to define the term, provides no distinction for US citizens vs. foreign nationals, and consigns those people to a legal limbo known as "The reasonable delay for intelligence activities."

The law is so repulsive and reprehnsible, so counter-factual, so driven by the notion that the rule of law is an archaic fantasy and that we must bow to barbarism in order to persevere as a nation, no matter how tattered and corrupt our soul may have become.

Never mind that the pantybomber squawked like a crow. Never mind that the military intelligence people are telling us that the civilian system is effective, efficient, and provides harsher penalties. Never mind that the rule of law has worked time and again against those who would harm the United States. It's all got to go: the rule of law is for pansies. Real men stink like Jack Bauer.

John McCain was once a good man. Maybe Joe Liberman was more than an egoist, once upon a time. But this shameless pandering to the bloodthirsty right has got to be stopped. Now.

Date: 2010-03-10 12:26 am (UTC)
ext_3294: Tux (Default)
From: [identity profile] technoshaman.livejournal.com
Question is, how? Short of figuring out who's buying congressmen these days and giving them a case of high-speed lead poisoning... Part of me wants to try federal initiative, but...

You and your lady have been way deeper in partisan politics than I'll ever get. What do you think will work?

Date: 2010-03-10 12:53 am (UTC)
From: [identity profile] drewkitty.livejournal.com
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Date: 2010-03-10 03:41 am (UTC)
From: [identity profile] http://users.livejournal.com/_candide_/
Oh like those matter anymore!


Seriously, we have a Congress full of people who, at best, pay lip-service to the Constitution while wiping their collective a55e5 with it, and a Supreme Court that thinks the Constitution is a set of vague suggestions subject to their interpretation and whims.

Every amendment in the Bill of Rights except 2 and 10 were undermined by all 3 branches of government during the past 3 decades.

We are so very screwed.

Date: 2010-03-10 02:12 am (UTC)
From: [identity profile] herewiss13.livejournal.com
One is _almost_ motivated by schadenfraude to hope it passes...whereby Obama can scoop up any damn fool he pleases and disappear them (lots of belligerent people out there). The squeals of hypocritical outrage would be delightful right up until a republican took over (or Obama cracked and went mad with power). Hence "almost."

...it makes a lovely fantasy, though. "You want to pass this, McCain? Even if it means you're first up against the wall? Ok..."

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