Cold, Hard Facts, Episode XII

Our question is, “How does (good ol’ boy) W define dramatic improvement?”

“Some worry that a change of leadership in Iraq could create instability and make the situation worse. The situation could hardly get worse, for world security and for the people of Iraq. The lives of Iraqi citizens would improve dramatically if Saddam Hussein were no longer in power.” – George W. Bush, October 2002

h/t Today in Iraq

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Midterm Election Procedures Failed

Experts Concerned as Ballot Problems Persist
By Ian Urbina and Christopher Drew
Dec 1, 2006, 08:02

After six years of technological research, more than $4 billion spent by Washington on new machinery and a widespread overhaul of the nation’s voting system, this month’s midterm election revealed that the country is still far from able to ensure that every vote counts.

Tens of thousands of voters, scattered across more than 25 states, encountered serious problems at the polls, including failures in sophisticated new voting machines and confusion over new identification rules, according to interviews with election experts and officials.

In many places, the difficulties led to shortages of substitute paper ballots and long lines that caused many voters to leave without casting ballots. Still, an association of top state election officials concluded that for the most part, voting went as smoothly as expected.

Over the last three weeks, attention has been focused on a few close races affected by voting problems, including those in Florida and Ohio where counting dragged on for days. But because most of this year’s races were not close, election experts say voting problems may actually have been wider than initially estimated, with many malfunctions simply overlooked.

That oversight may not be possible in the presidential election of 2008, when turnout will be higher and every vote will matter in what experts say will probably be a close race.

Voting experts say it is impossible to say how many votes were not counted that should have been. But in Florida alone, the discrepancies reported across Sarasota County and three others amount to more than 60,000 votes. In Colorado, as many as 20,000 people gave up trying to vote, election officials say, as new online systems for verifying voter registrations crashed repeatedly. And in Arkansas, election officials tallied votes three times in one county, and each time the number of ballots cast changed by more than 30,000.

Read the rest here.

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NATO’s Role in US Imperial Ambitions

NATO’s plan for continual war
By Alex Callinicos
Nov 30, 2006, 01:10

We live in an age of imperialism. The mess into which the US and Britain have got themselves in Iraq is unlikely to change this.

Take the case of Nato—the North Atlantic Treaty Organisation—which holds its summit in Riga, the capital of Latvia, this week. Nato was founded in 1949, supposedly as a defensive military alliance against the Soviet Union, in reality as a means of maintaining the US as the dominant power in postwar western Europe.

This is why Nato wasn’t scrapped at the end of the Cold War. Instead of disappearing, it expanded to incorporate eastern and central Europe, drawing close to Russia’s borders. Latvia was part of the Soviet Union until 1991.

But Nato doesn’t just help the US to encircle Russia. At its relaunch summit in Washington in April 1999 the alliance adopted a new mission statement that committed it to “out of area” operations. European forces would act as junior partners of US imperialism globally.

To judge by the “comprehensive political guidance”, a document for the Riga summit that appeared in the Financial Times last week, Nato now wants to take this further. “Large-scale conventional aggression against the alliance will continue to be highly unlikely,” the document says, but “future attacks may originate from outside the Euro-Atlantic area and involve unconventional forms of assault”.

Hence the importance of enhancing Nato’s “ability to deter, disrupt, defend and protect against terrorism”. To that end, Nato should be able to conduct more than one big operation at a time, as well as a number of small-scale tasks. Some 40 percent of the alliance’s land forces should be able to undertake overseas missions.

It’s hard to know how seriously to take all this. Nato was, notoriously, given the bum’s rush by Donald Rumsfeld after 11 September 2001. The US relied on his “coalitions of the willing” in Afghanistan and Iraq.

Subsequently, however, an increasingly beleaguered George Bush has become keener on support from US allies. One of the first things he did after being re-elected was to visit Nato’s headquarters in Brussels.

France and Germany blocked serious Nato involvement in Iraq. But Nato has become increasingly involved in Afghanistan, where it has recently taken over the International Security Assistance Force occupying the country.

Afghanistan is hardly a shop window for Nato. US, British, and Canadian troops have been involved in very tough fighting with a resurgent Taliban in southern Afghanistan, while the 2,700 German troops based in the north have rules of engagement that stop them from leaving their bases for any offensive operation.

An article in last week’s Financial Times predicts that discontent against Hamid Karzai’s government could spread to the north. The US defeated the Taliban in 2001 through a combination of airpower and huge amounts of money that was used, as the intelligence website Stratfor put it, to “rent” the forces of the Northern Alliance.

But now Northern Alliance leaders excluded and squeezed by Karzai are scenting his weakness, stockpiling weapons, and rebuilding their militias.

Read it here.

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A Peculiar Pasta for Foodie Friday

Crab, Pine Nut and Gorgonzola Lasagna (25 March 2004)

Now this is interesting !! As lasagna is the simplest pasta to make, this is a very good starting point for beginners. Thanks to Nick Peirano and Saveur magazine (March 2004) for the inspiration.

Béchamel Sauce

1 small, sweet red bell pepper
4 cloves garlic, peeled
Sprinkle of olive oil
3/4 cup of milk
1/4 cup of cream
Zest of a 1/4 to 1/3 lemon, grated or julienned (wash it, eh?)
Salt to taste
3 tablespoons butter
1/8 cup all purpose flour, sifted

Preheat the oven to 350° F. Cut carefully around the stem of the red pepper to remove its core, then pull the core straight out to remove it. Briefly rinse the inside of the pepper (I assume you already washed the outside), then drop the garlic cloves inside. Place the pepper in foil, sprinkle with oil, then loosely wrap it and roast for about 45 or 50 minutes until soft.

Pop the roasted pepper into a bowl and seal tightly with plastic wrap. After about 15 minutes, remove the garlic cloves from the pepper and mash them with a fork, mince to molecular size, and reserve. Peel the pepper and julienne it. It is part of the filling below.

Heat the milk, cream, lemon zest, roasted and mashed garlic, and salt until just hot, not boiling, stirring to mix it thoroughly.

In another pot, heat the butter until melted, add the flour and create a roux by whisking vigorously for a couple of minutes (be sure the flour is cooked, but not burnt).

Add the hot liquid mixture to the roux and whisk constantly until it has become as thick as sour cream, about 5 to 10 minutes. Cover and keep just warm to prevent skim from forming, whisking a little occasionally.

9 sheets of fresh lasagna, 9-inches by 3 inches

In a pot of salted, boiling water, drop the lasagna and cook for just 90 seconds or two minutes until al dente. You can use dry pasta if you do not have the proper equipment for fresh pasta. Cook dried lasagna for 8 to 10 minutes for desired doneness.

Filling

Butter
4 ounces pine nuts (use unseasoned, uncoloured pistachios for a very exotic dish)
3 tablespoons gorgonzola, crumbled
12 to 16 small porcini or button mushrooms, cleaned and sliced thinly
10 ounces fresh crab meat (cut the larger pieces)
Reserved julienned red pepper
1/4 cup each romano and parmegiano regiano, grated
2 to 3 teaspoons dried basil
Fresh-ground pepper to taste

Preheat oven to 375° F. Coat a 9-inch square deep baking dish with butter. Make a layer of three cooked lasagna sheets, then spoon a quarter of the béchamel sauce evenly over the pasta. Sprinkle half each of the gorgonzola, crab, red pepper, and mushrooms evenly over this. Sprinkle a third each of the pine nuts, romano and parmegiano mix, basil and fresh-ground pepper on, then spoon another quarter of the sauce on.

Make another layer of lasagna, béchamel, and filling. Top all of it with the final layer of lasagna, then sprinkle the rest of the romano/parmegiano mix, pine nuts, basil and pepper on top.

Bake for about 30 minutes until golden brown and bubbly.

Serve with a green salad.

Richard Jehn

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More On Internet Regulation

This article raises some burning issues for serious bloggers, and many other Internet entities. We’ll be following this case and other similar cases closely in the coming months.

Threats To Internet Freedom All Too Real
Published on Thursday, November 30, 2006.
Source: Prison Planet – By Paul Joseph Watson

Cyberspace police state dismissed by some, yet agenda for regulated, controlled, patrolled “Internet 2” advances

The Internet is the last true unregulated outpost of freedom of speech but moves are afoot to stifle, suffocate and control the world wide web. These threats are not hidden nor are they hard to deduce and yet a significant minority of truth seekers and activists remain naive as to their scope.

Following our publication of yesterday’s article, RIAA Legal Ruling Could Shut Down The Internet, we received a mixed response. Many were aware of the imminent dangers that threaten to change the face of the Internet but others were more hostile to the supposition that the world wide web could be devastated by landmark copyright case rulings as well as plans to develop “Internet 2.”

Some accused us of yellow journalism and scaremongering yet the warning that the Elektra vs. Barker case could criminalize the very mechanism that characterizes the Internet was not concocted by Alex Jones or Paul Joseph Watson, it was a statement made by the very lawyer fighting the case, Ray Beckerman.

It was a danger also reported on by one of the UK’s biggest technology news websites, the Inquirer, which also yesterday highlighted the frightening development in an article entitled, RIAA wants the Internet shut down.

The RIAA’s argument is that defendant Tenise Barker downloaded music files and made them available for distribution by placing them in a shared folder. Though Barker paid for the files and downloaded them legally, and the files were not copied by anyone, the RIAA’s motion states that simply making the files available constitutes copyright infringement.

As Beckerman points out, the entire Internet is nothing more than a giant network of hyperlinks making files ‘available’ to other people. If we link to CNN.com, we are making the file that constitutes the CNN homepage ‘available’ to other users. We don’t own the copyright to any of CNN’s material therefore if the RIAA’s argument is accepted, by simply making that CNN file available from our website, even if no one clicks on the link, we are committing a breach of copyright.

At no point in our article did we suggest that the ruling definitely would shut down the Internet, we highlighted the fact that hundreds of transnational corporations like Amazon.com who solely rely on Internet trade would scream bloody murder. But what the ruling would grease the skids for is the move towards a strictly regulated Internet whereby government permission would be required to run a website and that website would be subject to censoring and deletion if it violated any “terms of use.”

The example I highlighted yesterday on the Alex Jones Show was that running a blog would be like having a You Tube account – any politically sensitive or controversial information that the owners dislike would immediately be removed as it is frequently on You Tube.

In addition, the slide towards a licensed Internet that will be sold using fear of identity and credit card fraud could lead to mandatory biometric thumb or finger scanning simply to access the world wide web.

This is hardly a stretch of the imagination, since numerous public services and functions of society are increasingly accessible only through providing some form of biometric identification. Credit passes for travel, ATM terminals and access to theme parks like Disneyland are just a few of the many services we use that are shifting towards mandatory biometric gatekeeping.

Furthermore, Pay By Touch Online and other companies have already developed and launched keyboard biometric finger scanning terminals that require users to submit their biometric print before they can access the Internet or buy online.

Piggybacking the net neutrality debate, Internet 2 is being shaped to replace the old Internet, which will be allowed to self-destruct as it labors under the pressures of being relegated to slower and slower pipes and users will simply desert a painstaking system.

Earlier this year under the headline, The End of the Internet?, The Nation magazine reported,

“The nation’s largest telephone and cable companies are crafting an alarming set of strategies that would transform the free, open and nondiscriminatory Internet of today to a privately run and branded service that would charge a fee for virtually everything we do online.”

Read all of it here.

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Mealy State Mouthpiece Hard at Work

Actually, Glenn Beck is a moronic asshole and little more than a common North American bigot. Dime a dozen ’round these hya parts. But he plays a fine part for CNN, we’re sure. Glad we disconnected the television more than a year ago.

If you want a little humour to temper your temper, here’s Jon Stewart’s take on the whole deal.

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Psychoanalysing the Bush Phenomenon

And this may also go part of the way to explaining why any sort of constitutional rights have become irrelevant.

Psychotics 4 Bush!
Posted by Melissa McEwan at 9:04 AM on November 28, 2006.

Study finds the more psychotic the voter, the more likely they were to vote for Bush.

To be filed under duh:

[Christopher Lohse], a social work master’s student at Southern Connecticut State University, says he has proven what many progressives have probably suspected for years: a direct link between mental illness and support for President Bush.

…Lohse’s study, backed by SCSU Psychology professor Jaak Rakfeldt and statistician Misty Ginacola, found a correlation between the severity of a person’s psychosis and their preferences for president: The more psychotic the voter, the more likely they were to vote for Bush.

The study began in part as an advocacy project “designed to register mentally ill voters and encourage them” to vote, while assessing “knowledge of current issues, government and politics.” The Bush trend emerged in the course of the study, according to Lohse, who describes himself as a “Reagan revolution fanatic” who nonetheless finds Bush “beyond the pale.” During the course of the study, it emerged that “Bush supporters has significantly less knowledge about current issues, government and politics than those who supported Kerry,” and that greater levels of psychosis predicted Bush support.

“Our study shows that psychotic patients prefer an authoritative leader,” Lohse says. “If your world is very mixed up, there’s something very comforting about someone telling you, ‘This is how it’s going to be’.”

None of this is actually new information. That liberal voters tend to be much better informed as a group and tend to reject authoritarianism is well documented, from both the chicken came first angle and the egg came first angle. But it’s nonetheless amusing to have further evidence that the people constantly calling progressives unhinged lunatics are, you know, way more likely to be nutzoid than the targets of their gleeful finger-pointing.

Via Tom Tomorrow, who dryly notes: “Anyone who’s spent any time reading right wing blogs already understood this to be true.” Indeed.

Source

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Trash-Talkin’ Thursday

Today’s theme is trashing constitutional rights. Yeh, trash-talk Thursday. Even fits with what our venerable leaders actually do. Well, we’ll just leave it at that, and let the facts speak for themselves.

1,245 Secret CIA Flights Revealed by European Parliament
November 28, 2006 4:56 PM
Brian Ross and Maddy Sauer Report:

The report is the result of a year-long investigation into secret CIA “extraordinary rendition” flights and prisons in Europe.

No European country has officially acknowledged being part of the program.

But citing records from an informal meeting of European and NATO foreign ministers last December that included Secretary of State Condoleezza Rice, the Parliament’s draft report concludes “member states had knowledge of the programme of extraordinary rendition and secret prisons.”

The report said the recently fired head of Italian intelligence, General Nicolo Pollari, “concealed the truth” when he appeared before the Parliament’s investigating committee and stated “that Italian agents played no part in any CIA kidnapping.”

Read the rest of it here.

And there’s this, although you may think animals and their militant advocates don’t fall under the Constitution:

Analysis: New animal rights terror law
By SHAUN WATERMAN
UPI Homeland and National Security Editor

WASHINGTON, Nov. 29 (UPI) — A new law that comes into force this week gives federal authorities expanded powers to prosecute animal rights militants — as the State Department is warning that their activities eclipse terrorism as a day-to-day security problem for U.S. companies in Western Europe.

Bush signed S 3880, the Animal Enterprise Terrorism Act, without fanfare at the White House Monday morning, before flying to the Baltic for a NATO summit.

The bill is designed to make it easier for the FBI and Justice Department to wire-tap and prosecute animal rights extremists who mount campaigns of low-level criminal harassment against animal researchers both in the commercial and educational sectors.

Animal rights campaigners and their supporters say it will chill legal protest, and accuse lawmakers of ramming the bill through during the waning days of the lame-duck congress. But supporters retort that there were hearings in both the House and Senate last year and that the ACLU dropped objections to the new law after amendments it backed were incorporated by the bill’s authors.

A State Department security briefing earlier this month for U.S. companies with overseas operations highlighted the threat from animal rights extremists as a major one in Western Europe and the United States.

Read it here.

How about a stroll through the archives, with a few reminders of our leaders past (mis)deeds:

Iran/contra: 20 Years Later and What It Means

It’s the 20th anniversary of the Iran-contra scandal. Two decades ago, the public learned about the bizarre, Byzantine and (arguably) unconstitutional actions of high officials in the post-Watergate years. But many Americans did not absorb the key lesson: the Iran/contra vets were not to be trusted. Consequently, most of those officials went on to prosperous careers, with some even becoming part of the squad that has landed the United States in the current hellish mess in Iraq.

Before tying the then to the now, let’s revisit the basic narrative. When Congress, by fair vote, decided in the 1980s that the United States should not assist the contras fighting the socialist Sandinista government of Nicaragua, the Reagan White House concocted several imaginative ways to pull an end-run around democracy. This mainly entailed outsourcing the job to a small band of private sector covert operators and to foreign governments, which were privately requested or pressured by the Reaganites to support the secret contra support operation. The “Iran” side of the scandal came from President Ronald Reagan’s covert efforts to sell weapons to Iran to obtain the release of American hostages held by terrorist groups supposedly under the control of Tehran–at a time when the White House was publicly declaring it would not negotiate with terrorists. The two clandestine projects merged when cash generated from the weapons transactions with Iran was diverted to the contra operation.

Conservatives for years–make that decades–have argued there was nothing really criminal about the Iran/contra affair and that it was merely a political dispute between the pro-contras Republicans in the White House and the Democrats controlling Congress. Yet at the time the architects of these schemes worried they were breaking laws and placing Reagan in jeopardy of being impeached. Look at how the National Security Archive, a nonprofit outfit that gathers national security records, summarizes a memo documenting a key White House meeting on the clandestine contras program:

At a pivotal meeting of the highest officials in the Reagan Administration [on June 25, 1984], the President and Vice President [George H.W. Bush] and their top aides discuss how to sustain the Contra war in the face of mounting Congressional opposition. The discussion focuses on asking third countries to fund and maintain the effort, circumventing Congressional power to curtail the CIA’s paramilitary operations. In a remarkable passage, Secretary of State George P. Shultz warns the president that White House adviser James Baker has said that “if we go out and try to get money from third countries, it is an impeachable offense.” But Vice President George Bush argues the contrary: “How can anyone object to the US encouraging third parties to provide help to the anti-Sandinistas…? The only problem that might come up is if the United States were to promise to give these third parties something in return so that some people could interpret this as some kind of exchange.” Later, Bush participated in arranging a quid pro quo deal with Honduras in which the U.S. did provide substantial overt and covert aid to the Honduran military in return for Honduran support of the Contra war effort.

Read the rest of this fascinating piece, which recounts specific roles of a number of key present-day administration players, here.

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The Plastic Turkey

Pun intended.

CHENEY CHICKENS OUT
By Mike Hudson

A few years ago, President George W. Bush made a surprise Thanksgiving Day trip to Baghdad to have his picture taken helping to serve the troops their turkey dinner. The sight of a chicken carrying a turkey into a roomful of heroes was memorable enough, but the irony became even more delicious a day or two later when it was reported that the turkey had been as fake as Bush’s play Army suit.

The big bird was made of plastic, and once again our feckless leader provided ample evidence that he wouldn’t know the difference between reality and fantasy if it came up and bit him, as it has in Iraq.

Still, those were happier times for Bush. Basking in the warm afterglow of Shock and Awe, with reruns of his “Mission Accomplished” aircraft-carrier strut still being shown on television by Chris Matthews, and the stench of war crimes at Abu Ghraib and Guantanamo as yet unsmelled, the president was still enjoying the kind of high that can only come to the leader of a superpower through the devastation of a small and impoverished nation.

Since then, of course, the war in Iraq has taken several dozen nasty turns for the worse. Even its staunchest supporters now call the war unwinnable. More Americans die every day, and as many as 1,000 Iraqi civilians are slaughtered each week. Billions and billions of your tax dollars are poured into the morass on an ongoing basis, only to be devoured greedily by the very same profiteering Halliburton subsidiaries Vice President Dick Cheney helped found.

Oh yeah, Vice President Dick Cheney. The coward who wheedled five deferments to keep him out of Vietnam and thinks guns are for shooting penned-up pheasants and the occasional trial lawyer made news this Thanksgiving with an alleged trip to Baghdad that allegedly never took place.

Read it here.

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Hear, Hear

Impeachment Hearings for Bush & Co.? How about War Crimes Tribunals
By Heather Wokusch

While Bush administration members have made a sport of breaking the law, both domestically and internationally, their intransigence will come back to haunt—one way or another.

The Bush Doctrine of taking “the battle to the enemy,” for example, is a direct repudiation of the United Nations Charter, which prohibits the use of international force unless in self-defense (after an armed attack across an international border) or related to a UN Security Council decision. And that explains why Bush’s 2002 National Security Strategy makes a point to “protect Americans” from “the potential for investigations, inquiry, or prosecution” by the International Criminal Court “whose jurisdiction does not extend to Americans and which we do not accept.”

The whole idea of the US being able to preemptively attack other nations was penned by White House lawyers two weeks after 9/11; former justice department lawyer John Yoo wrote memos for then-White House counsel Alberto Gonzales arguing that “no limits” stood in the way of Bush’s ability to take military action and that “the president’s decisions are for him alone and are unreviewable.”

But giving someone like Bush “unreviewable” and unlimited military powers is reckless; the man can barely construct a sentence, let alone articulate a humane and effective foreign policy.

Besides, a “no limits” approach to foreign policy can’t coexist with rule of law, which explains why just last week, US Homeland Security Secretary Michael Chertoff accused the United Nations and other world bodies of using international law “as a rhetorical weapon against us.” Chertoff co-authored the infamous Patriot Act but is best known for his stunning incompetence regarding Katrina. If only he had been as eager to protect Americans from hurricanes as he is to protect them from global treaties…

Chertoff’s view of international law as a threat to the US is supported by Rumsfeld’s 2005 National Defense Strategy, which notes: “Our strength as a nation state will continue to be challenged by those who employ a strategy of the weak using international fora, judicial processes and terrorism.”

In other words, the Pentagon links “judicial processes” with “terrorism,” and sees “judicial processes” as weakening the US “nation state.” What kind of nonsense is that?

Now that Rumsfeld has “resigned” and Bush and Co. face their lame-duck years watching the war on terror implode, it’s worth considering the aftermath of World War II, when the International Military Tribunal indicted and tried over 20 Nazi leaders for war crimes ranging from waging a war of aggression, killing civilians, mistreating prisoners and plundering property. How eerily familiar those charges seem today.

And how ominous that only weeks ago, German prosecutors began pursuing a criminal investigation into the alleged role of Rumsfeld, Attorney General Alberto Gonzales, former CIA director George Tenet and numerous other administration members regarding prisoner abuse at Abu Ghraib and Guantánamo.

Rumsfeld will lose his legal immunity when he ceases to be Defense Secretary, a fact which must weigh heavily on Bush and others. Unsurprisingly, the administration has taken pre-emptive action against future war crimes charges, including pushing through the scandalous Military Commissions Act, which provides them retroactive domestic protection from prosecution regarding prisoner abuse cases.

Read the rest here.

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Down With the Constitution

At least, as far down as the Bush administration can bury it.

RIAA Legal Ruling Could Shut Down The Internet
Published on Wednesday, November 29, 2006.
Source: Prison Planet – By Paul Joseph Watson

U.S. government supports legal case that would criminalize making any files available on the world wide web

A landmark legal case on behalf of the Recording Industry Association of America and other global trade organizations seeks to criminalize all Internet file sharing of any kind as copyright infringement, effectively shutting down the world wide web – and their argument is supported by the U.S. government.

Ray Beckerman, a lawyer representing clients in cases against the RIAA, recently took part in a conference call organized by DefectiveByDesign.org, an organization which opposes DRM Technology, content restricting programs embedded into software that blocks users access to music, movies, software and other forms of digital data.

Beckerman describes how Internet users are randomly targeted by the RIAA for simply having a folder of music on their computer, kept in the dark about legal details and intimidated into paying thousands of dollars immediately or facing a federal lawsuit. The RIAA doesn’t even attempt to prove copyright infringement with specific examples, dates or times – it simply coerces and threatens the victim until they relent into paying out huge settlement fees.

Read the rest of it here.

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Habeas Corpus, Gone

KILLING HABEAS CORPUS
Arlen Specter’s about-face.
by JEFFREY TOOBIN
Issue of 2006-12-04
Posted 2006-11-27

President Abraham Lincoln suspended habeas corpus in Maryland on April 27, 1861, two weeks after the Confederate attack on the Union garrison at Fort Sumter. “Lincoln could look out his window at the White House and see Robert E. Lee’s plantation in Virginia,” Akhil Reed Amar, a professor at Yale Law School and the author of “America’s Constitution,” said. “He was also facing a rebellion of so-called Peace Democrats in Maryland, meaning there was a real chance that Washington would be surrounded and a real threat that the White House would be captured.” On Lincoln’s order, federal troops arrested Baltimore’s mayor and chief of police, as well as several members of the Maryland legislature, who were jailed so that they couldn’t vote to secede from the Union.

Since the Middle Ages, habeas corpus—“You should have the body”—has been the principal means in Anglo-American jurisprudence by which prisoners can challenge their incarceration. In habeas-corpus proceedings, the government is required to bring a prisoner—the body—before a judge and provide a legal rationale for his continued imprisonment. The concept was so well established at the time of the founding of the American Republic that the framers of the Constitution allowed suspensions of the right only under narrow circumstances. Article I, Section 9, states, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Such suspensions have been rare in American history. The most recent occasion was in 1871, when President Ulysses S. Grant sent federal troops to South Carolina to stop attacks by the Ku Klux Klan against newly emancipated black citizens. This fall, however, Congress passed, and President Bush signed, a new law banning the four hundred and thirty detainees held at the American naval base at Guantánamo Bay, and other enemy combatants, from filing writs of habeas corpus.

The law, known as the Military Commissions Act of 2006, was a logical culmination of an era of one-party rule in Washington. During the Presidency of George W. Bush, the executive branch, with the eager acquiescence of its Republican allies in Congress, has essentially dared the courts to defend the rights of the suspected Al Qaeda terrorists, who have been held at Guantánamo, some for as long as four years. The Supreme Court has twice taken up that challenge and forced the Administration to change tactics; the new law represented a final attempt to remove the detainees from the purview of the Court. Now, of course, Republicans no longer control Congress, but the change in the law of habeas corpus may be permanent.

Read it here.

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