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!
Showing posts with label Torture. Show all posts
Showing posts with label Torture. Show all posts
Monday, November 24, 2008
Tuesday, November 11, 2008
Letter to Representatives about US torture policy
As I said in an earlier statement, the film "Taxi to the Dark Side" upset me in a number of ways regarding the USA's policy regarding the treatment of prisoners and torture. I sent the following letter to my senators and congressman. As always, feel free to us any part of it in contacting your own representatives for answers.
Dear Senator
I recently watched a documentary entitled "Taxi to the Dark Side" a disturbing report on how the US military has treated prisoners since our initial invasion of Afghanistan. Frankly the murders, tortures and abuse allowed at Bagram Air Force Base and Abu Ghraib prison in Iraq is shocking.
What is more shocking is that after these atrocities came to light, the US government has still done little to change the practice.
A group of enlisted personnel were court marshaled for actions taken at the sites listed above, but no officers were similarly disciplined. No officers went to prison. If these enlisted personnel were guilty of dereliction of duty, how is it possible that their officers, and right up the chain of command are not equally guilty?
The documentary also makes mention that as part of the renewal of the Patriot Act in 2006 the executive branch made it clear that they would reveal what they wanted to reveal when they wanted to reveal it and that no one was to question their actions. The act passed. Did you vote in favor of giving the executive branch this power? Where is Congressional oversight?
Prisoners being held in GITMO were told that if they were not terrorist when they were apprehended, they probably would be if they ever were freed.
What is our government doing? Are we Nazis? Are our intelligent agencies the Gestapo of the 21st century?
The information given to then Secretary of State of Colin Powell to justify the invasion of Iraq was obtained by water boarding an alleged high ranking Al Qaeda operative. Needless to say he told the CIA what they wanted to hear. (Interesting note that the torture was done in Egypt, evidentially the CIA out sources this kind of work to keep their hands “clean”.)
Of course after the fact the CIA had to admit that maybe their information was wrong.
America has always stood for liberty, justice and human rights. We have wandered at times, but we have never been accused of being torturers and murderers until recently. We are portraying an image to the world similar to the one Hollywood portrayed to us of the Nazi atrocities during World War II.
Prisoners need to tried and sentenced. They have a right to counsel. They have a right to know what crimes they are accused of performing.
No one should have their body battered that it causes their death. No one should be water boarded.
When we act like the enemy, then the enemy has won because they have brought us down to their level.
What I want to know is what controls are in place now to insure that the US is not accused of abusing human rights?
That our prisoners are treated humanely, according to the Geneva Convention? What oversight is in place to make sure the military and intelligence agencies do not get over enthusiastic in their questioning of alleged terrorists and insurgents?
Senator, as a new administration prepares to take over in two months, it is imperative that our government mandates that American will once again stand for liberty, justice and especially human rights for all.
Thank you.
Michael Wolfe
Dear Senator
I recently watched a documentary entitled "Taxi to the Dark Side" a disturbing report on how the US military has treated prisoners since our initial invasion of Afghanistan. Frankly the murders, tortures and abuse allowed at Bagram Air Force Base and Abu Ghraib prison in Iraq is shocking.
What is more shocking is that after these atrocities came to light, the US government has still done little to change the practice.
A group of enlisted personnel were court marshaled for actions taken at the sites listed above, but no officers were similarly disciplined. No officers went to prison. If these enlisted personnel were guilty of dereliction of duty, how is it possible that their officers, and right up the chain of command are not equally guilty?
The documentary also makes mention that as part of the renewal of the Patriot Act in 2006 the executive branch made it clear that they would reveal what they wanted to reveal when they wanted to reveal it and that no one was to question their actions. The act passed. Did you vote in favor of giving the executive branch this power? Where is Congressional oversight?
Prisoners being held in GITMO were told that if they were not terrorist when they were apprehended, they probably would be if they ever were freed.
What is our government doing? Are we Nazis? Are our intelligent agencies the Gestapo of the 21st century?
The information given to then Secretary of State of Colin Powell to justify the invasion of Iraq was obtained by water boarding an alleged high ranking Al Qaeda operative. Needless to say he told the CIA what they wanted to hear. (Interesting note that the torture was done in Egypt, evidentially the CIA out sources this kind of work to keep their hands “clean”.)
Of course after the fact the CIA had to admit that maybe their information was wrong.
America has always stood for liberty, justice and human rights. We have wandered at times, but we have never been accused of being torturers and murderers until recently. We are portraying an image to the world similar to the one Hollywood portrayed to us of the Nazi atrocities during World War II.
Prisoners need to tried and sentenced. They have a right to counsel. They have a right to know what crimes they are accused of performing.
No one should have their body battered that it causes their death. No one should be water boarded.
When we act like the enemy, then the enemy has won because they have brought us down to their level.
What I want to know is what controls are in place now to insure that the US is not accused of abusing human rights?
That our prisoners are treated humanely, according to the Geneva Convention? What oversight is in place to make sure the military and intelligence agencies do not get over enthusiastic in their questioning of alleged terrorists and insurgents?
Senator, as a new administration prepares to take over in two months, it is imperative that our government mandates that American will once again stand for liberty, justice and especially human rights for all.
Thank you.
Michael Wolfe
Sunday, November 9, 2008
Taxi to the Dark Side
Last night I watch the documentary - Taxi to the Dark Side - at the recommendation of my daughter. Specially the film dealt with the fate of an Afghan taxi driver who was captured by American forces in 2002, placed in prison in Bagram Air Force Base, and died with in a couple of days. The Army reported that the death was accidental, the death certificate filled out by the Army medical examiner and given to the family (who showed it to a New York Times reporter because they did not read English) listed the cause of death as a homicide.
The captain in charge of the military intelligence unit was transferred to Iraq to work in Abu Ghraib and we all know what happened there.
The sad thing about the story is that the United States has become the bad guy. Growing up I saw the movies about World War II where the Nazis in the form of the Gestapo or SS tortured prisoners or innocent civilians. Americans were always above that kind of action. We believed in the law and democracy and everyone having their day in court. That does not appear to be the case any longer.
When George W signed off on renewing the "Patriot" Bill in 2006 he reserved the right for the executive branch to tell what they wanted to tell, do what they wanted to do, and not be held accountable while the war on terrorism is going on. Therefore, anyone who commits a crime against US law against a suspected terrorist or insurgent receives a get out of jail card.
Our Congress gave the Bush Administration the votes to do this.
Most heart breaking is the fact that John McCain, one of the most outspoken critics of the US torture policy since 911, signed off on the bill, supposedly to get the endorsement of conservative Republicans. I hope that is wrong. I plan to write Senator McCain and maybe get his side of the story.
Torture does not work. Trust me, show me a pair of pliers and I will tell you whatever you want to know. That evidently happened shortly before Colin Powell went before the United Nations with his "proof" that Saddam Hussein had train Al Queda fighters and had chemical and biological weapons of mass destruction.
The CIA captured a high ranking member of Al Queda, flew him to Egypt - evidently we are out sourcing our torture - and after a bit of water boarding he told the CIA exactly what they wanted to hear. It was only after the invasion of Iraq that the CIA came forward and admitted that maybe their information was not 100%.
I have complained about GITMO from the beginning. Prisoners must be treat by the standards of the Geneva Convention. When we treat the enemy like they treat us, then we become the enemy and they are the true victors of the fight.
I believe the bad guys need to be put down, either in gun battles or when proven guilty by a court of law, put away in jail for life. But nothing excuses torture.
I think we need to go to George W and have him tell us when the information obtained from tortured saved the United States from an imminent attack of any kind. I doubt if there is an answer.
As you can tell I am upset with this, which means I will be writing my representatives in Washington and getting their views. I am curious how they voted on the renewal of the "Patriot" Act. I will be sharing my letters as I always do. In addition I will probably write to President Elect Obama and see where he stands on the issue.
Torture is something none of us in this country can ever condone - regardless of what Jack Bauer says on "24".
Say no to torture! Tell your representatives you are against torture and that you believe all parties, at all levels who are involved in torture should be punished. It is a sad commentary that the only ones court martial for the deaths in Bagram and Abu Ghraib were enlisted men and women. One of the charges against them was dereliction of duty. What about the dereliction of duty on the part of their commanders, and the commanders of those commanders?
Dick Cheney came out publicly and said the US would have to do things never done before and we have allowed him to get away with it.
Shame on all of us!!
The captain in charge of the military intelligence unit was transferred to Iraq to work in Abu Ghraib and we all know what happened there.
The sad thing about the story is that the United States has become the bad guy. Growing up I saw the movies about World War II where the Nazis in the form of the Gestapo or SS tortured prisoners or innocent civilians. Americans were always above that kind of action. We believed in the law and democracy and everyone having their day in court. That does not appear to be the case any longer.
When George W signed off on renewing the "Patriot" Bill in 2006 he reserved the right for the executive branch to tell what they wanted to tell, do what they wanted to do, and not be held accountable while the war on terrorism is going on. Therefore, anyone who commits a crime against US law against a suspected terrorist or insurgent receives a get out of jail card.
Our Congress gave the Bush Administration the votes to do this.
Most heart breaking is the fact that John McCain, one of the most outspoken critics of the US torture policy since 911, signed off on the bill, supposedly to get the endorsement of conservative Republicans. I hope that is wrong. I plan to write Senator McCain and maybe get his side of the story.
Torture does not work. Trust me, show me a pair of pliers and I will tell you whatever you want to know. That evidently happened shortly before Colin Powell went before the United Nations with his "proof" that Saddam Hussein had train Al Queda fighters and had chemical and biological weapons of mass destruction.
The CIA captured a high ranking member of Al Queda, flew him to Egypt - evidently we are out sourcing our torture - and after a bit of water boarding he told the CIA exactly what they wanted to hear. It was only after the invasion of Iraq that the CIA came forward and admitted that maybe their information was not 100%.
I have complained about GITMO from the beginning. Prisoners must be treat by the standards of the Geneva Convention. When we treat the enemy like they treat us, then we become the enemy and they are the true victors of the fight.
I believe the bad guys need to be put down, either in gun battles or when proven guilty by a court of law, put away in jail for life. But nothing excuses torture.
I think we need to go to George W and have him tell us when the information obtained from tortured saved the United States from an imminent attack of any kind. I doubt if there is an answer.
As you can tell I am upset with this, which means I will be writing my representatives in Washington and getting their views. I am curious how they voted on the renewal of the "Patriot" Act. I will be sharing my letters as I always do. In addition I will probably write to President Elect Obama and see where he stands on the issue.
Torture is something none of us in this country can ever condone - regardless of what Jack Bauer says on "24".
Say no to torture! Tell your representatives you are against torture and that you believe all parties, at all levels who are involved in torture should be punished. It is a sad commentary that the only ones court martial for the deaths in Bagram and Abu Ghraib were enlisted men and women. One of the charges against them was dereliction of duty. What about the dereliction of duty on the part of their commanders, and the commanders of those commanders?
Dick Cheney came out publicly and said the US would have to do things never done before and we have allowed him to get away with it.
Shame on all of us!!
We have all grown too complacent in our lives and have passed on our moral responsibilities to others. If it does not touch us directly, we do not care.
Take the time to find out what our country is doing. Write, protest, and tell your representatives that we want the America of our fore fathers, not the America of terrorist hunting crazy men.
It's Common Sense!
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