One reason Bush endorsed McCain Amendment
Bush the other day finally chose to endorse the ban on torture sponsored by Sen. McCain. He said it was to show that the administration does not endorse torture. But there was another reason for his endorsing the measure: The Graham/Levin provision.
Originally the Graham/Levin provision sought to limit the legal rights of detainees to challenge their detentions (back when it was sponsored only by Sen. Graham). Many saw it as a sign of the prohibition of the centuries old writ of habeas corpus and so the language was changed. But while the current language does allow them to challenge their status as enemy combatants and to appeal convictions and sentences handed down by the military tribunals, it prevents the detainees from having civilian courts intervene in matters such as harsh treatment or prison conditions. A lawyer for a group of detainees at the Cuba facility said that the new language would make the McCain amendment unenforceable there. Indeed, the few instances where reports of mistreatment have come to light have been through contact with lawyers.
No wonder the administration has fought to keep detainees from seeking counsel. It's been working under the "Tree in the Woods" theory (If a detainee is abused and can't tell anyone, was he really abused?).
I once heralded the McCain amendment. But the Graham/Levin provision waters it down to the point that even if it does pass; it won't amount to much of a human rights victory.
(Originally posted on Yahoo360)
Originally the Graham/Levin provision sought to limit the legal rights of detainees to challenge their detentions (back when it was sponsored only by Sen. Graham). Many saw it as a sign of the prohibition of the centuries old writ of habeas corpus and so the language was changed. But while the current language does allow them to challenge their status as enemy combatants and to appeal convictions and sentences handed down by the military tribunals, it prevents the detainees from having civilian courts intervene in matters such as harsh treatment or prison conditions. A lawyer for a group of detainees at the Cuba facility said that the new language would make the McCain amendment unenforceable there. Indeed, the few instances where reports of mistreatment have come to light have been through contact with lawyers.
No wonder the administration has fought to keep detainees from seeking counsel. It's been working under the "Tree in the Woods" theory (If a detainee is abused and can't tell anyone, was he really abused?).
I once heralded the McCain amendment. But the Graham/Levin provision waters it down to the point that even if it does pass; it won't amount to much of a human rights victory.
(Originally posted on Yahoo360)
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