Back Room Benedict Arnolds

by digby

I just spent the last hour reading this series of posts on Obsidion Wings about the reprehensible Lindsey Graham amendment to limit habeas corpus. I feel sick.

I suppose that everyone has certain nightmares that haunt them deeply in some far corner of their consciousness. My most vivid one is being imprisoned for something I didn’t do and having no hope of ever being freed. (I’m certain it comes from growing up with an authoritarian father who refused to hear explanations for perceived transgressions.) The Darkness At Noon scenario literally terrifies me. It’s one of the main reasons I’m a liberal.

This widely circulated Washington Post article from today, in which a lawyer describes his indisputably innocent client’s incarceration in Guantanamo is chilling. I would hope that it would make at least a handful of Senators consider supporting the Bingaman Amendment, which will undo at least some of the damage.

The Republican senate is using habeas corpus as a political football. South Carolinian Lindsay Graham, the sponsor, is undoubtedly feeling tremendous pressure because of his “soft” stance on torture (I still can’t believe we are even talking about it) and this is his way of restoring some manly credentials. But there is no excuse for the Democrats who signed on to this. Nor is there any excuse for the Blue state moderates either.

There was obviously some back room dickering on this bit of legislation and that makes me about as sick as anything about this whole thing. They’re playing politics with habeas corpus for Gawd’s sake. This isn’t some fucking highway bill or a farm subsidy. It’s the very foundation of our system of government and the single most important element of liberty. If the state can just declare someone an “unlawful combatant” and lock them up forever, we have voted ourselves into tyranny.

I know it’s bad form to bring this up, but it’s worth mentioning at this moment. Historian Alan Bullock put it this way:

“Hitler came to office in 1933 as the result, not of any irresistible revolutionary or national movement sweeping him into power, nor even of a popular victory at the polls, but as part of a shoddy political deal with the ‘Old Gang’ whom he had been attacking for months… Hitler did not seize power; he was jobbed into office by a backstairs intrigue.

You don’t make back-room deals in which you fuck with the very basis of our system of government. It is irresponsible in the extreme. Considering the people we are dealing with, it’s especially risky. You just don’t know what they are going to do.

It’s bad enough to do it when the administration is riding on a wave of popularity. To do it when there is no good political reason is mind-boggling. Like I said, it’s one thing for little Lindsay to have to prove he’s not a Democratic eunuch. It’s quite another for anybody who isn’t a Republican from the deep south to feel the need to back this horror.

Katherine at Obsidion Wings concludes her (and Hilzoy’s) masterful series with this:

[I]f you agree, if not with our conclusions, than at least that this is maybe important and complicated enough that we could stand to wait a few weeks, please call your senators, and ask them to vote for Jeff Bingaman’s S. AMDT 2517 to bill S. 1042. And please consider asking other people to do the same.

This one is worth making a call for. it’s important.

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