Letter from Senator Durbin on Torture and Detention

[Republicae]

My question is when will those in Congress who are supposed to represent the People stand up to this Criminal Thug and throw his ass in prison to await the penalty for treason?

_____________________________________________
Thank you for contacting me about our nation's policies regarding the
detention and trial of prisoners at Guantanamo Bay and throughout the
world. I appreciate hearing from you on this important issue.

Since September 11, Bush Administration officials have bent many of the
time-honored rules of warfare regarding the treatment of prisoners. They
have claimed the right to seize anyone, including an American citizen in
the United States, and hold him indefinitely. They have claimed that
Americans and others who were detained have no right to challenge their
detention, no right to see the evidence against them, and no right to even
know why they are being held. The Justice Department even issued a memo
redefining the meaning of torture, stating that abuse only rises to the
level of torture if it causes pain equivalent to organ failure or death.
The memo concluded that the President had the authority to order the use
of torture, even though torture is a crime under U.S. law. This became
official Administration policy for over two years before it was withdrawn
under public pressure.

The Administration also determined that it would deviate from established
trial processes and create a new military commission system to try
Guantanamo detainees. The Supreme Court rejected this system of military
commissions in its June 2006 decision Hamdan v. Rumsfeld because the
commission process did not comply with American laws and treaty
obligations. In the Hamdan decision, the Supreme Court essentially
reminded the President that no one is above the law, even during a time of
war.

In September 2006, the Administration proposed new legislation to recreate
a military commission system and to redefine what interrogation tactics
the Administration deemed acceptable. I believed there were two crucial
tests for this legislation: First, did it create a process which we would
consider fair if it were applied by other countries to American prisoners?
And second, was it consistent with our Constitution and America's
fundamental values?

The Administration's bill, the Military Commissions Act of 2006 (S. 3930),
failed both tests. This bill did not create clear standards for
unacceptable treatment of prisoners. It also eliminated the fundamental
protection of habeas corpus, meaning that individuals - including legal
residents of the United States - could be detained indefinitely without
the opportunity to challenge their detention in court. I believe that
those who are dangerous to America should be charged, tried and
incarcerated, but 200 years of American history have given us clear
guidance on how to do this the right way. The drafters of S. 3930 did not
heed those historical lessons. I voted against this legislation, but it
passed the Senate on September 28, 2006.

This Administration has demonstrated that by instilling a climate of fear
it can lead a majority in Congress to turn its back on fundamental values
we all swear to uphold. I recognize that our enemies in the war on terror
have committed atrocities upon American soldiers and others whom they have
taken prisoner. I condemn this vile behavior in the strongest terms, and
the perpetrators of these atrocities must be found and brought to justice.
But in our own detention practices and trial procedures, the United States
must hold itself to the same high moral values that we stand for in other
circumstances. The war on terror is also a struggle of values and
principles, and in order to win it we must convince those who might be
swayed by the advocates of terror that the values we Americans hold
dear -- such as freedom, due process, human dignity, and the rule of
law -- are values they can embrace as they advance toward a brighter
future. Unfortunately, S. 3930 does not represent the values that the
United States of America stands for.

S. 3930 will be the subject of legal challenges, and it remains to be seen
whether the Administration's new detention, interrogation and commission
policies will survive constitutional scrutiny. In the meantime, I will
continue to work to ensure that our laws -- and the core values upon which
they are based - are not laid aside as we act to defend our national
security in a time of war.

Thank you again for your message.

Sincerely,

Richard J. Durbin
United States Senator

[Ry]

whatever the entire senate voted for it. They all need to be voted out.

[Ry]

yes all 100 voted for it. Isn't that amazing?

[Republicae]

Acutally, according to the Congressional Record the vote was:

Democrats: 12 yea, 32 nays
Republicans:53 yea, 1 nay
Independent: 1 nay

and 1 didn't vote.

The Bill passed 65 to 34.