In quick succession, the House of Representatives on Sept. 27 and the Senate on Sept. 28 rushed to pass measures that are historic in their assault on our most basic legal rights.
The Military Commission Act of 2006 was passed 253-168 in the House and 65-34 in the Senate. Thirty-four
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These Democrats joined with Republicans to pass one of the most repressive and anti-democratic legal measures in modern American history. Even Democrats who voted against the bill facilitated its passage by refusing to use common parliamentary tactics such as the filibuster.
The act legalizes torture and mandates the non-observance of the Geneva Conventions. It also destroys fundamental principals of legal due process called writs of habeas corpus. These rights were first introduced by England’s King Edward I in 1305. Habeas corpus requires that detainees be informed of the charges and evidence against them, and that they be able to challenge their detention or be released.
The final bill cleared a procedural hurdle on Friday, Sept. 29, and will likely be signed into law by President Bush in the coming days. The bill is far broader in its range of legal abuses than was described in summaries of the “compromise” agreement reached between Republican Senators and the Bush administration last week. Click here to read more about the “compromise.”
Anyone can be an ‘enemy combatant’
The Military Commission Act grants the president complete authority to designate anyone, including U.S. citizens, as an “unlawful enemy combatant.” The designation “enemy combatant” is also broadened to include individuals who have “purposefully and materially supported hostilities against the United States.”
This enlargement of definition is significant and should be noted. Are anti-war activists, for example, “purposefully and materially” supporting hostilities against the United States by organizing to defend the right of resistance to occupation?
Detainees may be interrogated outside the bounds of the Geneva Conventions except for so-called “grave breaches.” Grave breaches are defined in general terms such as torture, rape, biological experiments, and cruel and inhuman treatment.
The bill grants the president the final authority to interpret “the meaning and application” of the Geneva Conventions. Additionally, it explicitly bars detainees the right to protest violations of the Geneva Conventions in court.
The centerpiece and namesake of the Military Commission Act is the establishment of special military commissions to try “unlawful enemy combatants.” These commissions will deny prisoners the rudimentary legal protections provided by military courts-martial. In such proceedings, the accused are allowed to view and challenge the evidence against them as an elemental right of legal process.
The new law allows the prosecution to deny such information throughout the preliminary “findings” process. Moreover, the prosecution is now sanctioned to withhold such evidence from the defense, even after the evidence has been introduced in court. Instead, the prosecution will be allowed to present concise “summaries” of the evidence against the accused.
The law allows the introduction of hearsay evidence. It also allows the use of evidence gathered by methods it defines as “cruel, inhumane, or degrading” as long as the torture took place prior to a 2005 “ban” on such methods. Testimony extracted by “non-grave” breaches of the Geneva Convention is fully permissible.
U.S. courts will now formally be stripped of their jurisdiction over detainees. Likewise, detainees are now stripped of the right to seek a writ of habeas corpus. Finally, the commissions will have full authority to determine punishment, including the death penalty.
First torture, now wiretapping
In the face of rising global resistance to its domination, the U.S. ruling class is turning to extraordinary measures, even by its own standards.
The House passed legislation on Sept. 29 that would authorize the warrantless wiretapping of telephone and e-mail communications between individuals in the United States and abroad. The so-called Electronic Surveillance Modernization Act permits the executive branch to eavesdrop without a court order.
Like the Military Commission Act, the bill is designed to provide legal cover for an existing practice and ongoing abuses. The bill will now go to the Senate for debate.
The Military Commission Act is a turning point in the ruling class’s assault on workers hard-won civil liberties. Its passage was achieved through efficient coordination between the president, Congress and the courts.
At home and abroad, the U.S. government has now provided full legal cover for methods and standards of due process associated with police dictatorships.
