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![]() Just Above Sunset
October 3, 2004 - The guy who used to coach high school wresting has a modest proposal...
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THE DRAMATIS PERSONĘ: Supporters of reform on both sides of the aisle say several of the bill's provisions in the House
version risk complicating, or even derailing, the bill's progress [in the Senate]. This is only mentioned
in passing, and in passing, note that UPI is owned by that odd Reverend Moon, the madly religious conservative fellow who
publishes the Washington Times - staunchly pro-administration and pretty far to the right, the newspaper of the current
regime if you will. As it stands now, "extraordinary rendition" is a clear violation of international law--specifically,
the U.N. Convention Against Torture and Other Cruel, Degrading and Inhuman Treatment. U.S. law is less clear. We signed and
ratified the Convention Against Torture, but we ratified it with some reservations. They might create a loophole that allows
us to send a prisoner to Egypt or Syria or Jordan if we get "assurances" that they will not torture a prisoner - even if these
assurances are false and we know they are false. Wink, wink, nudge,
nudge and all that – as we may not do torture, but we can outsource it. (Well, at Abu Ghraib and a lot of
other places we did do torture, but we’re sorry and know now that was wrong, and not approved, and the fault of some
low-level fools who didn’t understand Rumsfeld wanted them to be careful not to cross any lines, so to speak.) The provision Rep. Markey referred to is contained in Section 3032 and 3033 of H.R. 10, the "9/11
Recommendations Implementation Act of 2004," introduced by House Speaker Dennis Hastert (R-IL). The provision would require
the Secretary of Homeland Security to issue new regulations to exclude from the protection of the U.N. Convention Against
Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, any suspected terrorist - thereby allowing
them to be deported or transferred to a country that may engage in torture. The provision would put the burden of proof
on the person being deported or rendered to establish "by clear and convincing evidence that he or she would be tortured,"
would bar the courts from having jurisdiction to review the Secretary's regulations, and would free the Secretary
to deport or remove terrorist suspects to any country in the world at will - even countries other than the person's home
country or the country in which they were born. The provision would also apply retroactively. These standards prohibit the use of torture or other cruel or degrading treatment.... The part about this applying
retroactively is cute, but what is Hastert up to? This former wrestling coach thinks the 9/11 Commission was kidding
about offering “an example of moral leadership in the world, committed to treat people humanely, abide by the rule of
law, and be generous and caring to our neighbors." Yeah, Hastert thinks they were kidding, or wrong about that. __ Footnote: Who
are you going to believe is right, the former wrestling coach or a bunch of pansy lawyers who don’t know anything? American Bar Association Statement on 'Extraordinary Rendition' Provisions of HR 10 (9/30/2004 2:38:00 PM) The American Bar Association objects strongly to the inclusion of provisions authorizing "extraordinary rendition"
in the House leadership's bill that purports to implement the 9/11 Commission recommendations. These provisions would permit
secretly transferring terrorist suspects to foreign countries known to use torture in interrogating prisoners. Extraordinary
rendition not only violates all basic humanitarian and human rights standards, but violates U.S. treaty obligations which make clear that the U.S. government cannot
avoid its obligations under international law by having other nations conduct unlawful interrogations in its stead. This practice
not only violates our own cherished principles as a nation but also works to undermine our moral leadership in the eyes of
the rest of the world. Rejecting extraordinary rendition will demonstrate our respect for the rule of law and help protect American troops
who may be detained by adversaries who may be disinclined to honor international obligations in light of the U.S. government's failure
to honor its own. Wait! These guys are saying if we claim the right to torture anyone we think might
know something, our adversaries might claim the same right? They wouldn’t
dare, would they? They know we’d kill them all if they tried that. They have to play be the rules, and we don’t.
We’re special, as 9/11 changed everything. Expect
this week Hastert to call these American Bar Association lawyers fools who hate America.
One can hardly wait. |
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This issue updated and published on...
Paris readers add nine hours....
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