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down Guantanamo and released its prisoners (or placed them within our lawful judicial system) long ago. Guantanamo--and associated secret prisons and torture dungeons--are a complete and total outrage against civilization, and all of its developed law. The Supreme Count can, indeed, reach around the limits of the cases it CHOOSES to review, in order to right great wrongs. And it has enormous influence in what cases are brought before it, and what issues are developed in the lower courts. I thought their recent decision against Bush carried the implied content that they actually approve of these illegal incarcerations (and the inevitable and even inherent torture that they generate)--and that they don't mind about the military tribunals that VIOLATED their previous rulings. This current ruling is very, very late-in-the-day slap on the wrist, and furthermore includes a cowardly loophole for the Diebold Congress to step in and AUTHORIZE the tribunals.
They SHOULD HAVE called for immediate release of all of these prisoners from military and thus presidential control. They didn't! So, how meaningful is this ruling? It means NOTHING TO THE PRISONERS, some of whom have DIED in the meantime (from ill health, torture or suicide), some of whom have no doubt gone insane, all of whom have suffered greatly, and NONE OF WHOM HAVE BEEN CHARGED OR CONVICTED OF ANY CRIME. And we know from some of the releases obtained by other governments that many are innocent bystanders. Nearly three years of imprisonment for NOTHING--and more years of imprisonment and torture to come.
Nope. Bush is right. If they meant it, they would have done something about it! A slap-on-the-wrist with a loophole. That's all it was. Sickening, but true.
I'm not sorry they ruled the way they did. It may help the defense lawyers in saving a few of these people. It might also help some of Bush's deluded minority of supporters to start thinking for themselves, and may bolster the Left a bit in its anti-Bush arguments. But it is largely meaningless and ineffective. It will not result in change to the status and condition of the prisoners. It will not stop the Bush junta from doing as it damn pleases. So what if it's illegal? What do they care? They'll quickly find their way around that. There is no enforcement; there are no consequences; and Bush's "pod people" in Congress can simply trump it all. (And don't be deluded that they care about public opinion--why would they?) Further, it might even be a RUSE--a way of creating the ILLUSION of "balance of power" with no reality to it.
63% of the American people oppose torture "under any circumstances" (May 2004). The military opposes torture. The CIA opposes torture. Torture violates the UCMJ, the Geneva Conventions (which we wrote!), and all human decency. Indefinite detention without charge IS torture. And more direct forms of torture always, inevitably, inherently accompany it. What Bush has done is to create a category of non-human. Non-humans get batted around--and beaten to a pulp. They get experimented on. They get starved. They get abused and humiliated in every way. That's the nature of secretive imprisonment. It's bad enough when you are lawfully convicted, and your name is known. But to be put in jail with no lawful process is equivalent to being considered an animal. And that's just how the guards treat you. You have NO human rights.
Human rights groups have had to battle JUST TO GET THE NAMES OF THE PRISONERS--let alone to get them decent treatment. And then there are the secret prisons, and secret flights, and renditions.
What the Bush junta has done is HORRIBLE. That the Supreme Court could rule on this matter, three years into this abomination--and MERELY SAY, "oh, oops, your legal process is faulty there--better get a real court"--is also HORRIBLE. And Congress's inaction is beyond horrible. It is the most cowardly and treasonous malfeasance in the history of our country. A week on flag-burning. A quiet $3,000/year added to their own salaries. Get rid of the Voting Rights Act, and go on vacation. What do they care about the subhumans in Guantanamo Bay?
Well, I maintain that jail is not the answer for this lot in Washington DC--I want FINANCIAL RECOMPENSE, and COMMUNITY SERVICE. I want to see Bush & his Cabal., the Supreme Court justices and members of Congress serving food to homeless vets, and cleaning toilets in convalescent hospitals for the indigent elderly, AFTER they fork over ALL their profits to the people of this country. And I hope that's what we go for, after we throw Diebold and ES&S election theft machines into 'Boston Harbor.'
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