Unlawful Combatants

The word that Moussaoui may be pleading guilty today reminds me that we haven’t heard anything about the alleged dirty bomber, Jose Padilla, for a while. His name will be remembered in history as the the Supreme court ruling that held that the government could keep someone imprisioned with no due process indefinitely simply by moving him or her from jurisdiction to jurisdiction. As it happens, The Talking Dog did a lengthy and interesting interview with Padilla’s lawyer just this week:

Talking Dog: Do you think that, by and large, the American people actually care about this case, and care about what happens in it?

Donna Newman: I’m afraid the answer is no. Most people think that at least they’re taking a terrorist off the street- they’re making ME safer. But they’re not, of course. This makes us less secure– not more secure. What’s that famous statement…

Talking Dog: Ben Franklin’s quip that “they who would trade their precious liberty for a little temporary security
deserve neither”?

Donna Newman: Exactly. What we have here is a decision not made by the people– but by their government. In this country, the Congress makes the laws, and the President executes them. The President MUST follow the laws of Congress. Congress passed a law [18 U.S.C. § 4001(a) (2000) (the “Non-Detention Act”)] expressly prohibiting the President from detaining citizens on U.S. soil without CONGRESSIONAL authorization to do so, and the President had, and has, no such authorization. The President didn’t ask Congress to pass a law to give him such authorization. And even if he did, such a law would probably be unconstitutional. Not because anyone condones terrorism, or anything like that. But there are reasons we do things. In Germany– and I hate to use that as an example, but it’s true– in Germany people turned their backs on the first few infringements and it just kept going. For another thing, we need to protect our soldiers over in Iraq and elsewhere fighting for us. That’s why we’re strong. It’s our laws and that we follow them that make us strong. Without them, how are we different from other countries? I believe in our Constitution. YOu just can’t take someone on the street, lock them up, and say that the rules don’t apply to them. You just can’t.

Well, apparently you can. My favorite part of this is that she had filed the original writ of habeas corpus in New York because that’s where she thought her client was. She did not know for sure, of course, because she wasn’t allowed to see him and the government wouldn’t tell her. And then the court decided that because she had filed in the wrong jurisdiction they could not deal with the merits of the case. Needless to say this opens up a whole lotta possibilities for the government in future cases like this one.

This court has made some doozy decisions and this one will be right up there with the worst of them. Gawd help us if we have another terrorist attack.

Of course, this shouldn’t be surprising considering that the government was sending around requests in Iraq for a torture “wish list.”

Army intelligence officials in Iraq developed and circulated “wish lists” of harsh interrogation techniques they hoped to use on detainees in August 2003, including tactics such as low-voltage electrocution, blows with phone books and using dogs and snakes — suggestions that some soldiers believed spawned abuse and illegal interrogations.

[…]

In both incidents, a previously disclosed Aug. 14, 2003, e-mail from the joint task force headquarters in Baghdad to top U.S. human-intelligence gatherers in Iraq is cited as a potential catalyst.

Capt. William Ponce wrote that “the gloves are coming off” because casualties were mounting and officers needed better intelligence to fight the insurgency. Ponce solicited “wish lists” from interrogators and gave them three days to respond. That message was forwarded throughout the theater, including to officials at Abu Ghraib, where notorious abuse followed.

At the 4th Infantry Division’s detention facility in Tikrit, the e-mail caused top intelligence officials to develop a list including open-hand strikes, closed-fist strikes, using claustrophobic techniques and a number of “coercive” techniques such as striking with phone books, low-voltage electrocution and inducing muscle fatigue. The list was sent back to Baghdad on Aug. 17.

Interrogators used the perception of newfound latitude to interview an unidentified detainee on Sept. 23, 2003. According to the detainee’s statement, he was made to lie across folding chairs while an interrogator beat the soles of his feet with a police baton. He said he was later hit in the back and the buttocks with the baton while in a painful stress position.

This is what we do when we are the ones who invade the country allegedly to liberate the people. Imagine what this nation will do if another catastrophic terrorist attack happens. The Padilla case precedent will undoubtedly be used to justify holding large numbers of people in secret detention in unknown jusrisdictions indefinitely. Since they won’t have access to a lawyer or advocate of any kind, God only knows what will be done to them.

Correction: Original habeas corpus filed in NY. Corrected in the post.
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