Senator Cardin on Torture

A week or so ago I wrote to my representatives about the USA policy on torture, especially in light of some things that have come out of the Bush Administration. I got back my first response from senator Ben Cardin and will share.

Dear Mr. Wolfe:

Thank you for contacting me regarding your views on the Bush Administration's detainee policy. It is time for Congress to assert its own constitutional prerogatives on these issue.

Congress has an obligation under the Constitution to enact legislation that creates fair trials for accused terrorists that will be upheld by the courts. We also have an obligation to protect our troops that fall into enemy hands, and to uphold American values and the rule of law. Even during wartime, the President must work with Congress and the courts to uphold our Constitution. In 2006 , the Supreme Court in Hamdan v. Rumsfeld struck down the President's military commissions, since they violated the Uniform Code of Military Justice and the Geneva Conventions. The Court noted that Congress, not the President, has the authority under Article I, Section 8 of the Constitution to ``define and punish piracy's and felonies committed on the high seas, and offenses against the law of nations . '' Congress alone can "constitute tribunals . "

I voted against the Military Commission s Act as a member of the House of Representatives in 2006 . I do not believe it is sound legislation, and I think it is susceptible to challenge in the courts. We should be bringing terrorists to justice quickly, and we must create a system that meets basic rule of law standards. I have co-sponsored S. 185, the Habeas Restoration Act, to restore the right of habeas corpus for accused terrorists to petition for a court hearing before an independent judge and challenge their detention.

In December 2007 the Senate Judiciary Committee held a hearing on these issues, and in June of that year the Helsinki Commission also held a hearing on these issues and the implications of Guantanamo for U.S. human rights leadership. I am privileged to serve as the Senate Co-Chair of the Commission. The credibility of the United States demands that we answer our critics when they raise human right issues with us, just as we hope representatives of other countries will respond seriously and substantively when we raise concerns with them. In all the years that I have served as a member of the Commission, no other concern has been raised with the United States by European colleagues as often or earnestly as Guantanamo.

The damage done to the United States goes beyond undermining our status as a global leader on human rights. Our policies and practices regarding Guantanamo and other aspects of our detainee policies have undermined our authority to engage in the effective counter-terrorism measures that are necessary for the very security of this country. It is a dangerous situation for our country if we cannot build and maintain effective global alliances. I am disappointed that the Administration, over 6 years after the 9/11 terrorist attacks, has failed to work with our allies.

On the issue of torture and mistreatment of detainees, I strongly disagree with the President's views on this matter. I voted for the Intelligence Authorization bill for 2008, H.R. 2082, which requires the intelligence agencies to adopt the Army Field Manual's restrictions on "enhanced" interrogation techniques. The Army Field Manual complies with U.S. law and our obligations under the Geneva Conventions. The Manual prohibits "acts of violence or intimidation, including physical or mental torture, or exposure to inhumane treatment as a means of or aid to interrogation." This legislation therefore creates one consistent interrogation policy across both the U.S. military and the intelligence community. President Bush vetoed this legislation in March 2008, and the House voted 225 to 188 to override the veto, short of the two-thirds majority vote needed under the Constitution to override the veto and enact the law.

In June 2008 the Supreme Court announced its decision in the Boumediene v. Bush case, which struck down part of the Military Commissions Act and restored the habeas corpus right of detainees to challenge their detention. The Supreme Court decision rejected the Bush Administration's detention policies for accused terrorists, in which individuals are held without trial or charge indefinitely for years. Part of America 's strength is our respect for the rule of law, and our ability to balance both legitimate security needs with fundamental due process of law protections administered by an independent and fair court procedure . The Supreme Court has inserted an important check and balance on the Executive Branch's war on terrorism policies . I hope that the Bush Administration will now work cooperatively with Congress, the courts, and our international allies to reexamine our current trial procedures in Guantanamo Bay , and to ensure that we try the detainees according to the rule of law.

Thank you for contacting me, and please feel free to do so in the future .

I agree with what he says, but what is missing is some direction. Just what is Congress going to do to make things right? Are they going to issue legislation making it a crime for a US citizen and/or contract employee to willfully torture a suspected terrorist? T

The Senator is heading in the right direction, but he, and the rest in Congress need to get a little more forceful

According to the Supreme Court it is Congress's role to act in these matters. Now they need to act, not talk.

Its Common Sense!