Running With It

by digby

A lot of people have questioned why I think the Democrats have decided to let McCain run with the torture issue. It’s because that’s what the press was reporting last week.

Here’s one example:

So there you have the president’s, perhaps, chief foe on this issue, again, as dug in as he is. On the other side of the aisle, Democrats, Wolf, have been pretty much trying to sit back and let John McCain and his colleagues fight it out for them. The senator from New York, Chuck Schumer, who is in charge of getting Democrats elected and reelected this Fall, here is what he had to say. He said “when conservative military men like John McCain, John Warner, Lindsey Graham and Colin Powell stand up to the president, it shows how wrong and isolated the White House is.”

So, Democrats are happy to have John McCain fight their political fight for them right now. As for Republicans, who are allies of the president here, and there are a lot of them on Capitol Hill, they have been meeting behind closed doors, trying to figure out the best strategy to echo the arguments that Mr. Bush is making in the Rose Garden today, because, as you noted, this legislation will be on the House floor next Wednesday and possibly on the Senate floor, which is where there will be a big fight as early as next week as well, Wolf.

Schumer’s statement doesn’t mean he’s going to vote for whatever McCain comes up with, but it sure sounds like it’s possible. In any case, the bill that was passed out of the armed services committee is terrible, so even if McCain “succeeds” Democrats still can’t, in good conscience, vote for it.

Here’s the Center For Constitutional Rights on this issue

President of the Center for Constitutional Rights, Ratner said today: “The Warner-Graham-McCain bill denies habeas corpus to all aliens held outside the United States and currently in U.S. custody. And ‘outside’ includes Guantanamo.

“However in the case of those who have been found to be unlawful enemy combatants by Combatant Status Review Tribunal (combatant status review panels used at Guantanamo) it gives a meaningless court of appeals ‘review’ — a review that examines whether or not the U.S. complied with its own procedures — but not … a real court hearing with factual development as habeas corpus requires.

“For those aliens detained outside the U.S. that have not had CSRT hearings — the high majority — in facilities like Bagram in Afghanistan, the Warner bill simply abolished habeas or any other court review.

“The consequences are breathtaking. The U.S. can pick up any alien, even a legal permanent resident in the U.S., and take them to an off-shore prison and hold them forever without any kind of court hearing.

“While all the attention on this legislation has focused on Geneva conventions and military commissions, the Warner alternative, like the administration bill, authorizes lifelong detention without habeas or any genuine review whatsoever.”

They
have an action recommendation that’s worth doing:

The debate around these bills misses the point: both versions strip away the fundamental right to habeas corpus, the right to challenge your detention in a court of law, not to be locked up under the President’s say-so, guilty or innocent, never to be heard from again.

An amendment in play could take out this dangerous measure – please use our site to fax your senators and tell them to support the Specter-Levin Amendment on habeas corpus when it gets introduced. The bills are S.3901, The Military Commissions Act of 2006, sponsored by Senator Warner and S.3861, The Bringing Terrorists to Justice Act of 2006, sponsored by Senator Frist. Please call your Senators at (202) 224-3121 IMMEDIATELY, especially if they are among the 26 we’ve identified below as critical in this fight.

This is what is happening to innocent people under our system today. It’s right out of Kafka and it won’t change because St John the Annointed and Huckelberry Graham stage a fake fight with the president. The whole scheme is untenable and the Democrats need to delay this legislation at the very least until after the election.

This rush to pass it before Novemeber should be everyone’s first clue that this thing is a sham. Unless somebody puts a poison pill in the McCain/Warner/Graham legislation that we haven’t seen, I have a feeling a bunch of Dems are going to roll on this piece of garbage and another step toward American becoming a rogue superpower will have been taken for political reasons. That’s how we got into Iraq, after all.

And, sadly, this whole thing will end up giving John McCain one more notch in his belt as the savior of the republic.

You can access a simple form and the addresses and phone numbers of senators at the link above if you want to let them know that you expect them to support the Specter-Levin amendment.

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