In Case I Disappear

29 09 2006

from:  http://www.truthout.org/docs_2006/092906J.shtml

In Case I Disappear
    By William Rivers Pitt
    t r u t h o u t | Perspective

    Friday 29 September 2006

    I have been told a thousand times at least, in the years I have spent reporting on the astonishing and repugnant abuses, lies and failures of the Bush administration, to watch my back. “Be careful,” people always tell me. “These people are capable of anything. Stay off small planes, make sure you aren’t being followed.” A running joke between my mother and me is that she has a “safe room” set up for me in her cabin in the woods, in the event I have to flee because of something I wrote or said.

    I always laughed and shook my head whenever I heard this stuff. Extreme paranoia wrapped in the tinfoil of conspiracy, I thought. This is still America, and these Bush fools will soon pass into history, I thought. I am a citizen, and the First Amendment hasn’t yet been red-lined, I thought.

    Matters are different now.

    It seems, perhaps, that the people who warned me were not so paranoid. It seems, perhaps, that I was not paranoid enough. Legislation passed by the Republican House and Senate, legislation now marching up to the Republican White House for signature, has shattered a number of bedrock legal protections for suspects, prisoners, and pretty much anyone else George W. Bush deems to be an enemy.

    So much of this legislation is wretched on the surface. Habeas corpus has been suspended for detainees suspected of terrorism or of aiding terrorism, so the Magna Carta-era rule that a person can face his accusers is now gone. Once a suspect has been thrown into prison, he does not have the right to a trial by his peers. Suspects cannot even stand in representation of themselves, another ancient protection, but must accept a military lawyer as their defender.

    Illegally-obtained evidence can be used against suspects, whether that illegal evidence was gathered abroad or right here at home. To my way of thinking, this pretty much eradicates our security in persons, houses, papers, and effects, as stated in the Fourth Amendment, against illegal searches and seizures.

    Speaking of collecting evidence, the torture of suspects and detainees has been broadly protected by this new legislation. While it tries to delineate what is and is not acceptable treatment of detainees, in the end, it gives George W. Bush the final word on what constitutes torture. US officials who use cruel, inhumane or degrading treatment to extract information from detainees are now shielded from prosecution.

    It was two Supreme Court decisions, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, that compelled the creation of this legislation. The Hamdi decision held that a prisoner has the right of habeas corpus, and can challenge his detention before an impartial judge. The Hamdan decision held that the military commissions set up to try detainees violated both the Uniform Code of Military Justice and the Geneva Conventions.

    In short, the Supreme Court wiped out virtually every legal argument the Bush administration put forth to defend its extraordinary and dangerous behavior. The passage of this legislation came after a scramble by Republicans to paper over the torture and murder of a number of detainees. As columnist Molly Ivins wrote on Wednesday, “Of the over 700 prisoners sent to Gitmo, only 10 have ever been formally charged with anything. Among other things, this bill is a CYA for torture of the innocent that has already taken place.”

    It seems almost certain that, at some point, the Supreme Court will hear a case to challenge the legality of this legislation, but even this is questionable. If a detainee is not allowed access to a fair trial or to the evidence against him, how can he bring a legal challenge to a court? The legislation, in anticipation of court challenges like Hamdi and Hamdan, even includes severe restrictions on judicial review over the legislation itself.

    The Republicans in Congress have managed, at the behest of Mr. Bush, to draft a bill that all but erases the judicial branch of the government. Time will tell whether this aspect, along with all the others, will withstand legal challenges. If such a challenge comes, it will take time, and meanwhile there is this bill. All of the above is deplorable on its face, indefensible in a nation that prides itself on Constitutional rights, protections and the rule of law.

    Underneath all this, however, is where the paranoia sets in.

    Underneath all this is the definition of “enemy combatant” that has been established by this legislation. An “enemy combatant” is now no longer just someone captured “during an armed conflict” against our forces. Thanks to this legislation, George W. Bush is now able to designate as an “enemy combatant” anyone who has “purposefully and materially supported hostilities against the United States.”

    Consider that language a moment. “Purposefully and materially supported hostilities against the United States” is in the eye of the beholder, and this administration has proven itself to be astonishingly impatient with criticism of any kind. The broad powers given to Bush by this legislation allow him to capture, indefinitely detain, and refuse a hearing to any American citizen who speaks out against Iraq or any other part of the so-called “War on Terror.”

    If you write a letter to the editor attacking Bush, you could be deemed as purposefully and materially supporting hostilities against the United States. If you organize or join a public demonstration against Iraq, or against the administration, the same designation could befall you. One dark-comedy aspect of the legislation is that senators or House members who publicly disagree with Bush, criticize him, or organize investigations into his dealings could be placed under the same designation. In effect, Congress just gave Bush the power to lock them up.

    By writing this essay, I could be deemed an “enemy combatant.” It’s that simple, and very soon, it will be the law. I always laughed when people told me to be careful. I’m not laughing anymore.

    In case I disappear, remember this. America is an idea, a dream, and that is all. We have borders and armies and citizens and commerce and industry, but all this merely makes us like every other nation on this Earth. What separates us is the idea, the simple idea, that life, liberty and the pursuit of happiness are our organizing principles. We can think as we please, speak as we please, write as we please, worship as we please, go where we please. We are protected from the kinds of tyranny that inspired our creation as a nation in the first place.

    That was the idea. That was the dream. It may all be over now, but once upon a time, it existed. No good idea ever truly dies. The dream was here, and so was I, and so were you.


    William Rivers Pitt is a New York Times and internationally bestselling author of two books: War on Iraq: What Team Bush Doesn’t Want You to Know and The Greatest Sedition Is Silence. His newest book, House of Ill Repute: Reflections on War, Lies, and America’s Ravaged Reputation, will be available this winter from PoliPointPress.


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7 responses

29 09 2006
therealdonquixote

Nice one.

I’ll never dissappear.

The greatest trick the devil ever pulled was making people think he didn’t exist.

Then Poof he’s Gone.

30 09 2006
Peter N

I think you are slightly exaggerating your victim-status here (i.e. being a tad bit paranoid).

“It seems, perhaps, that the people who warned me were not so paranoid. It seems, perhaps, that I was not paranoid enough. Legislation passed by the Republican House and Senate, legislation now marching up to the Republican White House for signature, has shattered a number of bedrock legal protections for suspects, prisoners, and pretty much anyone else George W. Bush deems to be an enemy.”

You might have criticized the government in numerous flamboyant ways, and that might have put you in a position where they’ll do a check on you at FBI or something, but to suggest that your criticism is so important that they’ll hunt you down and kill you for it!? Which is how I understand your fear of dissappearing. That is unless, you are really on the Waco-trail, which I am not able to comment on since I am quite new to your blog. Anyway, I suspect you won’t disappear just yet.🙂

1 10 2006
shrinkley

Quite true
Be careful man
The anonomous nature of these internet blogs can be a blessing but, in reality it means that if you do disappear noone will know….All we’ll think is that you got tired of blogging and gave up!
just promise me you wont give up without at least somehow publishing how you were tortured and forced into a false confession on this blog!
keep your head down!

1 10 2006
therealdonquixote

@ all
i will blog from the grave if I have to

5 10 2006
angryhippie

This was not written by me, but by William Rivers Pitt. I posted it because it shows that this detainee bill allows the government to hold American citizens hostage without the right to a lawyer. Read the fine print and stop pretending that it can’t happen here. That is how it happend in Germany.

4 02 2007
Donkey Kong

This U.S Gov’t needs a revamping, all these damn Republican Puppets!! I fear for our future b/c of this idiot Bush. He’s too dumb to think of thiss shit himself, hes got help. Some1’s got their hand up his ass making him move too. I wanna move to the UK where I can wager on games, play poker for cash an smoke a dubb if I feel like it. THIS IS BULLSHIT. Land of the free my ass.

15 06 2012
Ronaldinho

I wish to convey my affection for your kindness supporting men and women that must have help on your subject. Your very own commitment to passing the message across had been astonishingly useful and has always encouraged employees like me to arrive at their objectives. Your entire invaluable tips and hints means much a person like me and somewhat more to my office workers. Thanks a ton; from each one of us.

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