And I might add,
for desperate times. I�m talking about the US Senate passing the Military Commissions Act of 2006 that discards key human
rights protections. This is an act of a desperate president, seeking to
rally support for his failed and brutal wars in Iraq and Afghanistan, by
further rallying the spineless and frightened Congress round the flag. The more
Bush is cornered by failure, the more he goes on the attack and flails fearful
legislators with the loss of their jobs if they�re not patriotic enough.
He
also rips at the human and legal rights of "alien unlawful enemy
combatants." First of all, this handle for the detainees allows Congress
to rush to legislate on whether to bring them to trial or -- not. It is the
�not� that is knotty. Because it means that a detainee can be allowed to rot
indefinitely in some randomly assigned hellhole, deprived of his Geneva
Conventions rights as �prisoners of war,� which is what they are, despite the
sophistry of calling them �alien unlawful enemy
combatants.�
Are they not said
or suspected to be enemies in the War on Terror? If so, they are
prisoners of that war.
What�s more, the
president and his administration don�t inspire confidence as to their loyalty
to define these categories accurately. Enemies of the government can be termed
also as those who don�t �support� America. Millions of American citizens who
don�t support many of these egregious policies can potentially get swept off the
streets like old newspapers. Nazi Germany gives you a dishonorable but apt
example, Stalinist Russia as well, not to mention the backwaters of Caspian
Basin nations currently inflicting terror for a fee on all drop-off prisoners.
In fact, the
president�s desire to suspend �habeas corpus� underscores this concern. This
concept of �show me the body,� the evidence of the crime, to support conviction
and incarceration was conceived in 1697 as the Habeas Corpus Act by
the English Parliament, and subsequently written into our Constitution. It was
the keystone for the arch of just law in our society for over three hundred
years. If we remove that, we are back to the days of the Visigoths, subject to
a random conk on the head with a club, thrown in a dungeon, assets taken,
disappeared for not supporting an increasingly insecure despot and his court.
This is a violent disorder which is no order
or law at all
We don�t know until
detainees are tried whether they are guilty or not. Some may be and some may
not. By dismissing due process summarily we suspend the liberties which we
claim to be fighting to protect. But these are old, almost tedious arguments,
though their challengers have provided the insidious intent to repeat them
until they are heard and understood. That is, given the record of torture at
Abu Ghraib, the humiliating human experiences of Guantanamo, the slow and
steady decent into the pits of ethical and moral depravity.
Desperation has
never been a fair judge of character or criminality. The hanging noose, that
early instrument of Western justice (or injustice according to The
Oxbow Incident), is not the answer. And the Bush Detainee is exactly
that. Not just for those sitting in solitary somewhere, but for any of us who
disagree with or don�t �support� the policies of this government and sit at
this moment at our desks at home, writing as I am right now.
This bill favors
the rights of those trying to take away ours. And as all such bills, whether to
create the Japanese internment camps of World War II or to conduct public witch
hunts for communists as Senator Joseph McCarthy did in the 1950s, we end up in
the same place: at the gates of chaos. To wrap oneself in the flag while
denying others their rights is an old chestnut, currently rescued from the fire
to burn others one more time. But ultimately it will burn most with shame those
who support it most. Even if it seems still more shame cannot be heaped on Bush
and Cheney and their corporatized drive (Halliburton, Kellogg Root and Brown,
et al) for world hegemony, enriching their henchman, disgracing our country,
heading for disaster.
Trust me. There is
a cell in hell waiting for them all. And I believe it is right here on earth.
Jerry Mazza is a
freelance writer living in New York. Reach him at gvmaz@verizon.net.