by WeaponOfMassInstruction » Sat Mar 21, 2009 11:52 pm
The first problem with your analysis is that you can cite no one dominant definition of "torture". Since there is no prevailing legal definition- interesting that it shares that distinction with "pornography", no?- you are forced into latching onto a more-than-somewhat malleable definition to make your case while those, like myself, who disagree with you can latch onto another more-than-malleable- but substantially different- definition to make our case. You can choose to define "torture" as anything more intrusive than a raised voice; I can choose to define it as anything that causes multiple organ failures. Because there is no single prevailing legal definition, both are equally valid.
Who's fault is that?
Congress.
Congress had the ability to establish a single legal standard...but they did not do so. Not when controlled by Republicans and not when controlled by Democrats. As to the 'why?', I should imagine that their concerns were more about power and the retention of power than they were with settling the debate. Beating their collective chests about how the evil Bush Administration was torturing these poor people who just happened to be in the wrong place at the wrong time (and carrying weapons....but let's ignore that) before Cheney and Rumsfeld descended from black helicopters and grabbed them from their peaceful desert homes became somewhat of a cottage industry for Democrats, who scored major political points by denouncing the practice even as they offered no solutions (as they rarely, if ever, do). Republicans, because they collectively lack stones, failed to stand up to the Democrats and allowed them to disingenuously frame the argument, probably out of fear of losing their Congressional seats. I'd have had a good deal more respect for them if they stood on principal and lost than to abrogate principal and keep their seats.
Secondly, you seem to be totally consumed with extending to non-citizens the rights formerly accorded only to United States citizens or, in times of war, to formally-recognized prisoners of war. There have been court cases, at SCOTUS level (ex parte Milligan, Eisentrager among others), that recognize the legitimacy of military tribunals and enemy combatants. Treaties the US has signed clearly recognize different classification of persons captured under arms, with correspondingly different rights to be accorded to the different groups. If you read the actual court decisions and the text of the treaties, you'll very quickly learn that we have, if anything, treated these people better than the law requires....and far better than they have treated our prisoners.
Lastly, as Mr. S pointed out, our Constitution is not a suicide pact (thank you Justice Jackson). You suggested a book for me/us to read; let me return the favor- America Alone by Mark Steyn.
Did you know that there is a movement in England by so-called 'moderate Muslims' to force Shar'ria Law on non-Muslim British subjects- via the British parliamentary and elective system? Steyn points out that Muslim politicians are running for office from majority-Muslim districts and then working to replace British Common Law with Sha'ria, even if that means essentially disenfranchising non-Muslims in the process. Some are very open about their ultimate goal of phasing out ALL Common Law and replacing it with Sha'ria indistinguishable from that in Tehran. And it's all legal because they are working from within the framework of the law- making British Common Law a suicide pact. We cannot and must not allow that to happen here.
"Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views."
William F. Buckley, Jr.