Category Archives: torture

Rectal Rehydration, Death by Hypothermia and “Enhanced Interrogation” of the Illegally Detained: Agency Gone Rogue or Approved by the Administration?

Did the White House approve the conduct set forth in the CIA Torture Report? Or did the CIA engage in that conduct without the approval of any political branch of government?

The question is not merely academic.

If the CIA’s conduct was not approved by elected officials who answer to the voters, then to whom does the CIA answer? If the CIA’s conduct was approved, then the voters need to know by whom so they can cast future votes with full understanding of what is at stake.

By now we have had time to digest the disturbing details in all their infamy: the rectal “feedings,” the ice baths and sleep deprivation; the death of Gul Rahman; the forced placement of body weight on broken limbs; sensory deprivation so intense it lead to self-mutilation and hallucinations; and, the mistaken identifications, false accusations and simple negligence that lead to the illegal detention of 26 human beings and “enhanced interrogation” of our own intelligence sources.

Rather I should say all of us have heard those details now except for Dick Cheney. Or at least he had not heard of them last week, when he sat down with Fox New’s Bret Baier.

As scathingly detailed by Conor Friedersdorf of The Atlantic, Dick Cheney is trying to have his torture cake and eat it too. When Baier asked whether it was true that “President Bush was not fully briefed on the program and deliberately kept in the dark by the CIA,” Cheney was unequivocal in his response:

The notion that … somehow the agency was operating on a rogue basis and that we weren’t being told or that the President wasn’t being told is just a flat out lie.

Later in the interview, Cheney reiterated that:

The men and women of the CIA did exactly what we wanted to have them do in terms of taking on this program.

All right then. The CIA was doing exactly what Bush and Cheney wanted when its operatives injected pureed food into the anuses of detainees. The CIA was doing exactly what Bush and Cheney wanted when its operatives left a man half-naked man chained to the floor in a frigid cell.

Only Cheney is either a coward or he does not actually know what he is talking about, because later in the interview he retreats to what appears to be an inconsistent position. As noted by Friedersdorf:

… Baier notes a particularly depraved tactic. “At one point, this report describes interrogators pureeing food of one detainee and then serving it in his anus,” he says, “something the agency called ‘rectal rehydration.’ I mean, is that torture?” (More to the point, did Bush and Cheney know about that? Is it “exactly” what they asked the CIA to do?)

“I don’t know anything about that specific instance,” Cheney said. “I can’t speak to that. … “

Cheney cannot have it both ways. If he wants to be the face of the defense for the enhanced interrogation program, he should own it. If he is not willing to own it, in all its gory particulars, then he cannot really present a meaningful defense. Either the administration approved the conduct described in the report—or the CIA acted without the approval or knowledge of the political branches tasked with overseeing that agency on the people’s behalf. That the CIA was trying to prevent future attacks is not related in any logical way to which of those things is true.

Cheney’s tactic throughout the interview is to avoid being pressed on this issue by: 1) extolling the praises of the CIA for doing exactly as Cheney and Bush wanted ; 2) denying knowledge of any of the troubling accusations contained in the torture report; and, 3) then getting emotional and bringing up 9/11.

Consider the following examples.

Baier asks Cheney whether Bush was comfortable with leaving a man chained to the ceiling in a diaper to urinate and defecate on himself. Cheney responds:

I have no idea. I never heard of any such thing.

If Cheney does not know the details, why is he giving interviews? Why should anyone take his word about any of it? That is the topic at hand, sir!

Baier raises the issue of Gul Rahman, who died of hypothermia shackled naked from the waist down to a freezing cement floor in a frigid cell:

Three thousand Americans died on 9/11 because of what these guys did. And I have no sympathy for them.

There is a missing link in the logic here. Even if we assume there are people so bad that we can sleep with unfettered consciences while our CIA tortures them to death, what is the evidence Gul Rahman was one of them?

Rahman was not captured on a battlefield, like enemy combatants of yore. To the contrary, Associated Press reporting states that:

Rahman had driven from Peshawar, Pakistan, in the northwest frontier to Islamabad for a medical checkup. He was staying with Baheer, an old friend, when U.S. agents and Pakistani security forces stormed the house and took both men, two guards and a cook into custody.

In fact, in addition to this Gul Rahman, who died in CIA custody, the CIA apparently kept a different Gul Rahman in isolation for a month because its operatives were confused about which Gul Rahman was the target (page 133/499 of the Committee report).

At least 26 people were found to have been improperly detained. Two of our own intelligence sources were subjected to enhanced interrogation. Tortured detainees gave information that falsely implicated others. One man provided false intelligence under torture that was used in Colin Powell’s address to the UN in advance of the Iraq War.

Dick Cheney is not troubled by these details.

On Meet the Press this past Sunday, he gave yet another interview, in which he disavows any problems with the detention of innocent people. He also disavows any qualms over the death of Gul Rahman, despite appearing to agree that the wrong Gul Rahman ended up frozen to death:


Let me ask you, what do you say to Gul Rahman, what do you say to Sulaiman Abdula, what do you say to Khalid al-Masri? All three of these folks were detained, they had these interrogation techniques used on them. They eventually were found to be innocent. They were released, no apologies, nothing. What do we owe them?


CHUCK TODD: I mean, let me go to Gul Rahman. He was chained to the wall of his cell, doused with water, froze to death in C.I.A. custody. And it turned out it was a case of mistaken identity.

DICK CHENEY: —Right. But the problem I had is with the folks that we did release that end up back on the battlefield. …

CHUCK TODD: 25% of the detainees though, 25% turned out to be innocent. They were released.

DICK CHENEY: Where are you going to draw the line, Chuck? How are—

CHUCK TODD: Well, I’m asking you.

DICK CHENEY: —you going to know?


CHUCK TODD: Is that too high? You’re okay with that margin for error?

DICK CHENEY: I have no problem as long as we achieve our objective. And our objective is to get the guys who did 9/11 and it is to avoid another attack against the United States.

But Cheney did not offer any evidence that “enhanced interrogation” prevented other attacks. He cited without elaboration to the “West Coast” “Second Wave” plot. But that claim was debunked in the CIA Torture Report based on information provided to the Committee by the CIA itself. If the Torture Report is wrong or incomplete on this issue, Cheney needed to tell us why.

Baier challenged him by repeating a claim made on the floor of the U.S. Senate by Mark Udall that the classified Panetta Review found no “direct linkage” between enhanced interrogation techniques and thwarting any attacks. As chronicled by Friedersdorf:

Here is Cheney’s actual retort:

“Well, I don’t know where he was on 9/11, but he wasn’t in the bunker.”

That is a non-answer.

A U.S. Senator who has seen the documents said on the floor of the U.S. Senate that Leon Panetta found no direct link between enhanced interrogation and thwarted attacks—and Dick Cheney’s response is, “Well he wasn’t in the bunker with us?”

The American people deserve more.

Their defenders deserve more.

What is lost in Cheney’s chest pounding is a meaningful reflection on why, beyond principles, civilized nations disavow torture. It is done for the same practical reasons that, for thousands of years, enemies have agreed to return bodies, to ensure last rites, to grant quick deaths or to refrain from persecuting surviving family members.

Because they want to make sure their own people get the same consideration.

What have we done for so little gain?

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

The Senate Torture Report Will Change Nothing

I realize this is from Abu Ghraib, but at this point, does it matter?

I realize this is from Abu Ghraib, but at this point, does it matter?

The recently released report on CIA-authorized torture of detainees and prisoners includes everything we’ve known about our tortu– *ahem*, enhanced interrogation techniques of people at places like Guantanamo Bay, and then some. Featuring gruesome descriptions of waterboarding, beatings and “rectal feeding” – I didn’t know you could feed someone through their asshole1 – I’m not sure if the most shocking thing is the descriptino of what happened, or the fact that the reports we got – 600 out of 6,000 pages, and heavily redacted – is just the tip of the iceberg. Simply put, between this and the ongoing protests over the deaths of Michael Brown and Eric Garner, it’s not a good month so far for the government at virtually any level.

One would expect, after hearing “we’re not torturing people”, then seeing a report blatantly state that we’re definitely torturing people, that this would spur Congress to action, and if they wanted to drag their asses, the American people would spur them on, right?

If only it was that easy. Nothing will happen as a result of this. In fact, I wouldn’t be surprised, as I write this on Tuesday night, if this was completely out of the news by the time the weekend comes. There are numerous reasons why I believe this disgusting report will ultimately blow over.

The release of this report wasn’t about policy. It was payback. – While Senator Dianne Feinstein (D-CA) was in front of cameras, accusing the CIA of lying to the President, the Senate, and just about everyone else it came across, all I could do was remember back to March, when she was going after the CIA for improperly accessing Senate computers as the Senate Intelligence Committee was preparing its report of detention and interrogation policies. The release of this report – the last chance to do so, by the SIC’s outgoing chairperson before Republicans take over the Senate – is a giant “fuck you” to John Brennan and the rest of the CIA. It’s a political receipt. At no point did transparency for the sake of improving our standing in the world and with our country’s citizens come into play, no matter how it’s spun.

Also, for all of Feinstein’s grandstanding, it should be noted that she’s probably the National Security Agency’s biggest cheerleader, and is perfectly fine with government agencies spying on ordinary Americans.

No one wants to set the precedent of trying major political figures – President Obama – who campaigned on transparency, fixing clandestine government actions, and ending wars – backed off of going hard after Bush Administration officials who started most of our torture programs after 9/11. He kept that limp-wristed, wishy-washy tack yesterday, praising the “patriots” who protected America after the attacks. Of course Obama doesn’t want to look back; if we decide to look back at his own Presidency in eight years, chances are very good that his two wars in Iraq and Syria, as well as his actions in Libya, would not survive scrutiny. In fact, if one looks back, the only President I can find who wasn’t guilty of either a war crime or a domestic action that could bring a death sentence is Carter. If we were to start trying major political figures, especially with a partisan bent, at what point do we cross the line from righteousness to Nixonian? No matter how much we want blood – a sardonic statement, given the circumstances – the political cost is too great.

It’s this reality that the ACLU’s Anthony Romero concedes to in his NYT Op-Ed stating that we should pardon Bush, Cheney, Rumsfeld and others guilty of torturing or overseeing said torture. Romero’s intentions are noble – partly to shame Obama, partly to allow some the authority to talk without fear of retribution, and partly to further stain the names of Cheney and others – if not satisfying. We’re still prosecuting low-level Nazis 70 years after World War II, and we’re expected to pardon people who tortured people within the past ten years?

We’ve done this for years – Here is a brief summary of what our government is capable of: Operation Condor, Japanese-American Internment, Project ARTICHOKE, MKUltra, COINTELPRO, the Tuskegee syphilis experiment, the My Lai massacre, Iran-Contra, and more political overthrows than I can count… and that’s just since World War II. Shoving hummus up someone’s ass doesn’t even make the top five of that list, and that’s before I get to the Trail of Tears.

Most damningly…

Most Americans don’t give a shit – This is the most depressing part. I expect conservatives to beat the “kill the raghead!” drum, but it’s the liberals I’m most disappointed in. Outside of the Glenn Greenwald/Edward Snowden crowd2, there’s not much noise because everyone’s too busy with other issues. Today, it’s mostly the deaths of Garner, Brown, Tamir Rice and others that are starting to cause overreactions. Most liberals who are making noise about this are forgetting everything that’s happened since January 20th of 2009, preferring to put 100% of the blame on Bush and his people. In short, when it’s not a convenient partisan talking point, it’s a “they” problem, not a “we” problem, with “they” being those unfortunate enough to be threatened with their families being raped. Put simply, the only people that really care are the sadists, and those that cater to them. While it’s fun to watch Andrea Tantaros have a meltdown on national TV, it’s important to remember that her views are shared by almost half the country. And then we wonder why ISIL is beheading Americans.

I love America, but I’ve never been more ashamed of my country. It’s depressing to know that despite pretty clear indications of war crimes, no one will go to jail for it except those that reported it in the first place, no policy will change as a result of the torture report, and there’s a strong chance that by this time next week we’ll all be talking about the “War on Christmas” or some other made-up bullshit. We are too ill-informed, too shallow, and too lazy for any other result to come about from this.

2 – This is your friendly reminder that while the architects of torture since 9/11 still walk free, Edward Snowden is in Russia, John Kiriakou is in prison, Chelsea Manning is in prison, and Wikileaks’ Julian Assange is being held at the Ecuadorian Embassey in the United Kingdom on trumped up sexual assault charges

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Torture and Denial


If the tiny percentage of the torture documents that were released yesterday should give us a clue about anything, it should be the degree to which the federal government officials and politicians lie to cover their own asses. Those of us who called for the documents to be released were admonished that in releasing them, U.S. troops and diplomats will be put in greater danger. Of course if these “enhanced interrogation” techniques aren’t really “torture,” then it seems to me that those who are fearful of the release should have nothing to worry about (one can’t have it both ways). Why not prove to the world that everything going on at Gitmo and the various black sites are on the up-and-up?

Of course then there’s the argument: “The Bush administration/CIA/Senate did not know nor approve some of these techniques…”

Ah, the good old “plausible deniability” excuse. The people in charge can’t be held responsible because some underlings decided to go all Jack Bauer on the detainees.

no evil

Of course then there is the ass-coverer-in-chief President Obama responding to the report:

Today’s report by the Senate Select Committee on Intelligence details one element of our nation’s response to 9/11—the CIA’s detention and interrogation program, which I formally ended on one of my first days in office. The report documents a troubling program involving enhanced interrogation techniques on terrorism suspects in secret facilities outside the United States, and it reinforces my long-held view that these harsh methods were not only inconsistent with our values as nation, they did not serve our broader counterterrorism efforts or our national security interests […] That is why I will continue to use my authority as President to make sure we never resort to those methods again.

President Obama is trying to convince the world that torture is a thing of the past which occurred when George W. Bush was president. Obama, we are to believe, ended torture on one of his first days in office. We are supposed to forget that he was also supposed to close Guantanamo Bay and that he has a secret kill list which sometimes includes American citizens (killing people without any sort of due process with a drone is morally superior to torture, you see).

Beyond this, President Obama is also misleading the world about no longer torturing detainees at the now infamous island prison which he promised to close. As The Intercept reports:

Abu Wa’el Dhiab, a 43-year old Syrian national, was among the six Guantanamo Bay prisoners freed last week and transferred to Uruguay after spending 13 years in U.S. detention. He had been cleared for release since 2009, yet the husband and father of three found himself imprisoned several years longer in circumstances characterized by indefinite detention, humiliation and inhumane treatment.

In response to what they saw as their increasingly desperate conditions, Dhiab and many other Guantanamo detainees repeatedly sought to employ the only means of resistance left available to them: refusing food. “We have given up the very things which are important: food and drink,” Dhiab stated last year, describing his motivations and those of his other hunger-striking prisoners. “And we have done so to get answers to our questions: What is our guilt and what is our crime?”

I suppose President Obama can use weasel words about not using torture to interrogate detainees but clearly torture is being used for other such things as force-feeding. Skipping ahead a little, the article continues:

While military officials may be able to casually characterize the force-feeding of such prisoners as some kind of innocuous guard-detainee interaction, they are correct that many others in the United States and around the world would likely not have the same reaction to such footage.

So far, the actual videos remain classified. At the end of The Intercept article a video was posted to show what is difficult to convey in words. The video (below) is a re-creation of what this force-feeding looks like.

Does this look like torture to you?


Suppose it was American soldiers subjected to this treatment as well as what was detailed in the torture report? Would you still consider these techniques as “enhanced” but not torture? Suppose it was your own son?

Even if you think that it is permissible to treat actual terrorists this way, we should all agree that keeping individuals who haven’t been charged (again, this includes American citizens) or who have been cleared of any wrong doing should not be treated this way and should be returned to their homes.

We the people have the right to know what is being done in our name. The rest of the world needs to know that not all of us approve of what is being done in our name.

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Back in the 2010 mid-term election, Libertarian Party co-founder David Nolan ran as a Libertarian against Sen. John McCain for his seat in the U.S. Senate. Sadly, McCain easily won the election and Nolan died several weeks after the election and just two days before his 67th birthday.

During his debate with Sen. McCain, Nolan warned voters of what he called a “dangerous, evil, un-American” bill which McCain co-sponsored called S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” This bill would authorize indefinite detention of American citizens without trial. Nolan was so outraged by this bill he said that this was one reason he decided to run against Sen. McCain.

Sen. McCain brushed off Nolan’s comments saying that Nolan “may be a little bit biased.”

Fast forward just over a year later, Sen. McCain has sponsored another piece of legislation hidden in the National Defense Authorization Act for FY 2012 that is very similar. One of the more concerning aspects of the bill is Section 1031:


(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons’ for purposes of subsection (b)(2).

The next section, Section 1032 adds some confusing language as to whether American citizens can truly be held indefinitely:


(a) Custody Pending Disposition Under Law of War-
(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined–
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS– The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

Christopher Anders, senior legislative counsel of the ACLU points out that the language contained in Section 1032 only applies to Section 1032. To put it another way, according to Section 1031 U.S. citizens can be detained indefinitely and even sent to another country without the normal civil liberties protections guaranteed in the Fifth, Sixth, and possibly Eighth Amendments.

Sen. Mark Udall (D-CO) introduced Amendment No. 1107 to the bill that would have mitigated much of the civil liberties concerns found in 1031 but it was soundly defeated by a 61-37 vote. Only two Republicans, Mark Kirk of Illinois and Rand Paul of Kentucky voted in favor of the Udall amendment.

Now the vote for the National Defense Authorization Act for FY 2012 is set for today, December 1, 2011. There isn’t much time left to stop this horribly unconstitutional bill from being passed.

This being said, President Obama has threatened to veto the bill if these sections are still in place when it hits his desk. I’m not quite sure how the president can say on one hand he can send drones to kill American citizens while on the other say he opposes indefinite detention of American citizens but a veto would be the correct response regardless.

President Obama might well veto this bill but I have no confidence that any of the Republican challengers would veto similar legislation in the future save Gary Johnson (who is sadly very much a long shot at this point), Ron Paul, or perhaps Jon Huntsman.

We can now see that David Nolan’s concerns he expressed in the 2010 debate were well founded after all.

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

David Nolan, co-founder of the Libertarian Party and author of “The World’s Smallest Political Quiz” (to which the result is plotted on the “Nolan Chart”) is running against none other than the most recent Republican presidential nominee, Sen. John McCain for his senate seat. KTVK-3TV hosted a debate last Sunday which included Sen. McCain along with challengers Rodney Glassman (D), Jerry Joslyn (G), and David Nolan (L). Believe it or not, all candidates were given equal time to debate the issues; something that is usually missing from the debates I’m accustomed to watching.

Despite the skills of those challenging Sen. McCain – particularly the two 3rd party candidates, the latest Real Clear Politics Average Poll shows McCain with a comfortable 17.4 point lead over his closest challenger, Rodney Glassman. Critics of 3rd parties look at poll results like this and wonder “what’s the point” of allowing 3rd party candidates to participate when their chances of winning are so miniscule.

IMHO, I believe that both Nolan and Joslyn did a fine job demonstrating why 3rd party candidates should be included by raising issues, proposing solutions, and exposing the shortcomings of the two party system and the candidates themselves to voters and concerned citizens.

In the 3rd part of this debate (below), Nolan brought up a McCain sponsored bill that is most likely not on the radar of very many people: S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

(Beginning at -6:14 in part 3 of the debate)

Nolan: “One of the reasons I got into this race is that right now, at this very moment Sen. McCain is a sponsor – I think the lead sponsor of Senate Bill 3081 […] a bill which would authorize the arrest and indefinite detention of American citizens without trial and without recourse. This is one of the most dangerous, evil, un-American bills that’s ever been proposed in congress and nobody who would sponsor such a bill should be sitting in a seat in the United States Senate.”

And what was Sen. McCain’s response to the charge by Nolan of sponsoring such a “dangerous, evil, un-American” bill?

McCain: “Well again, I hope that our viewers won’t judge me by the remarks just made [by Nolan], they may be a little bit biased.”

Nolan raised the issue again in his closing remarks. Sen. McCain did not respond.

Okay, fair enough. Perhaps Mr. Nolan is biased. He is trying to take his job after all. Fortunately for now at least, the average person with an internet connection can freely search and find the bill and learn of its contents. Let’s take a look and see how “biased” Mr. Nolan was and determine whether or not Arizona’s senior senator should be “judged” by the bill he is currently sponsoring.


This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.


(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.

“Suspected unprivileged enemy belligerent” ? No, that doesn’t sound Orwellian at all. Now let me highlight Sec. 3b3 and let you, the reader decide if any of this strikes you as “dangerous,” “evil,” or even “un-American.”

(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS– A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.

Talk about double speak! Such individuals are not “criminal suspects” who in our criminal justice system normally considers “innocent until proven guilty” who have Constitutionally protected rights but “suspected enemy belligerents” who are apparently assumed guilty until a high ranking official in the executive branch, or the president himself determines otherwise.

Sorry, I’m getting a little ahead of myself. I haven’t even got to the most disturbing part of the bill yet – Section 5:


An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

So here we are in 2010, Sen. McCain et al advocating giving American citizens POW status under Article 5 of the Geneva Convention as they may be “enemy belligerents” in an ill-defined and open-ended “war on terror.” The provisions of the USA PATRIOT Act which were originally supposed to be temporary but now as a practical matter, a permanent fixture of federal law, apparently don’t go far enough to dismantle what is left of the Bill of Rights.

One thing I found interesting in this debate was not only Sen. McCain’s response (or lack thereof) but also the deafening silence of his Democrat challenger who could have easily picked this issue up and ran with it if he shares Nolan’s civil liberties concerns. Could it be that Mr. Glassman would also support this bill if he were elected to replace Sen. McCain? If so, I wouldn’t be at all surprised considering that President Obama who is a member of the same political party as Glassman actually believes he can assassinate Americans without due process of any kind. Both the Obama and Bush administrations have even gone as far to say that if or when the president makes a “state’s secrets” claim, no court can even consider the legality of such cases. There’s little doubt in my mind that President Obama would sign S. 3081 into law as this would only enhance his power.

Maybe for now on we should stop referring to the first ten amendments as “The Bill of Rights” and call them “The Bill of Privileges.” This would at least be honest because rights cannot be taken away and therefore can never be “inapplicable.”

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