GOP Congress is rushing legislation through with a hidden ploy to retroactively pardon Pres. Bush of war crimes!
A June ruling by the Supreme Court defied President Bush in the Hamden case, and ruled that the treatment of prisoners at Guantanamo Bay Cuba violated the Geneva Conventions, U.S. and International standards. President Bush, confident that the Republican Party would easily keep both houses of Congress after the November elections, was unconcerned about either house bringing up charges or investigating.…
Article comments
— go to most recent comments26 - Jet In Columbus
The last paragraph of section b reads as follows...
(b) Retroactive Applicability- The amendments made by this section shall take effect as of November 26, 1997, as if enacted immediately after the amendments made by section 583 of Public Law 105-118 (as amended by section 4002 of Public Law 107-273).
27 - Jet In Columbus
And finally section 5 which pretty much sums it up...
SEC. 5. JUDICIAL REVIEW.
Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection (e) added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting the following new subsection (e):
`(e)(1) Except as provided for in this subsection, and notwithstanding any other law, no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action, including an application for a writ of habeas corpus, pending on or filed after the date of the enactment of the Military Commissions Act of 2006, against the United States or its agents, brought by or on behalf of any alien detained by the United States as an unlawful enemy combatant, relating to any aspect of the alien's detention, transfer, treatment, or conditions of confinement.
Any Questions????
28 - Michael J. West
Yes. What is the context? In this case:
(b) Protection of Personnel- Section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1) shall apply with respect to any criminal prosecution that--
What is Section 1004 of the Detainee Treatment Act of 2005?
(2) is grounded in section 2441(c)(3) of title 18, United States Code; and
What is section 2441(c) of title 18, United States Code?
Granted, I should be looking these up myself, but it's 11:45 at night and I have a 6:30 alarm tomorrow morning. Hopefully I'll ahve opportunity to find them tomorrow.
29 - gonzo marx
and anybody is suprised that the Administration is doing this......
why?
c'mon... in an "ends justify the means" mentality, where the "ends" are the retention of absolute Power, any and all "means" will be attempted...
this is just par for the course
Excelsior?
30 - Jet In Columbus
All of the above is contained
in H.R.6054
Military Commissions Act of 2006
down near the bottom of the page in each listed section from above comments.
Geez you just can't take my word for it?
31 - Jet In Columbus
No Gonzo I hope no one's suprised, I do hope a few are outraged. The text of the bill is actually easy to read though lengthy. you can read the parts that pertain to this article above or click the link and read it yourself.
To quote Mr Cafferty...
"You want to know the real disgrace of what these people are about to do or are in the process of doing? Senator Bill Frist and Congressman Dennis Hastert and their Republican stooges apparently don't see anything wrong with this."
32 - Jet In Columbus
Michael, I hope the above link helps. If I can understand it anyone can...
Jet
33 - troll
it's a fucking black day in America...too bad our do nothing Congress didn't do nothing
34 - Nancy
Too bad the MSM doesn't take their responsibility to warn America seriously & hasn't pointed any of this out. They should be trumpeting it from the rooftops, hammering on it night & day. Jet is absolutely right: if crimes weren't committed, there shouldn't be any need for this sort of charade. Of course, our craven, do-nothing, lickspittle GOP-packed congress as usual is crawling to Bush's bidding. As I said on another thread, Bush is far worse than Nixon ever was. When are Republicans going to wake up & realize he's made them by association into the same kind of sleazebag he himself is?
35 - Jet In Columbus
Troll, the problem is that they actually DID something for a change...This!!!
36 - Jet In Columbus
Nancy, unfortunately Bush and the republican party are also in the process of trying to take away a lot of the Supreme Court's power to do anything about this too.
Sandra Day O'Connor is so disgusted, she's started touring the country giving talks on how the Bush Administration is trying to weaken the judicial branch of the government from its role in checks and balances.
As the Bush administration tries different things the Supreme Court has ruled against him (this bushit is an example of what he does when the Supreme Court wouldn't let him have his way) along with several lower courts. Rather than take it like a man, he's started a smear campaign branding them as reactionary and legislating from the bench when he doesn't get his way.
Considering it was the Supreme Court that put him office in the first place, that makes him an ungrateful basterd in my eyes.
37 - Jet In Columbus
I wonder if Bush has a "Nixon style" enemy's list and if I'm on it yet? Might explain the IRS hassle!
38 - Nancy
Oh, I'm sure we both are. Actually, I'm quite sure that the NSA has been wiretapping far more than just "foreign terrorists" ... like, US journalists, Dem congressmen, McCain - and anybody else who has the guts to stand up to that lying cowardly bastard, Bush. I'm also quite sure that the GOP is going to fix the midterm elections via the Diebold machines. You watch: I'll bet congress will stay pretty much the same, and the GOP will retain it's hold on the majority, MIRACULOUSLY. Now, whether this will entail election day problems at the polls & the primaries in Maryland were just a dry run for the GOP/Diebold folks or what, is anybody's guess, but considering Karl Rove has actively been stating that stealing elections is the only way to keep a permanent Republican majority, draw your own conclusions. Betcha $5 they manage somehow to keep the House & Senate beyond all odds. There will be voting machine problems, and then the GOP/government will resist/refuse to allow investigations.
I think we need a revolution.
39 - Jet In Columbus
Several governors have already started one (except Florida and Ohio... I wonder why) to make it manditory to have a paper trail of votes.
I wrote an article on Ohio Attorney General (now candidate for governor) Ken Blackwell actually owning stock in Diebold and picking them as the vendor for Ohio's voting machines, the same guy who was Bush's co-chairman for his reelection campaign in Ohio..... Duh
40 - Jet In Columbus
Hmmmm after posting the actual legislation, I notice an odd silence from the right....Hmmmmmm
41 - Nancy
Kinda hard to refute what's in black & white, ain't it?
I think all this is staging for 2008 when BushCo suspends the elections by claiming a national emergency (real or manufactured; I'm sure he'll come up with something), and refuses to leave office on the grounds that we're engaged in war - even if it's a fake war HE manufactured. The suspension of habeas corpus is for foreigners right now, but you watch: come 2008 it will be extended to ANYBODY to dares to criticize or protest Dubya's planned coup. I'm also 100% sure the problems of the September primaries - all involving Diebolds, you notice - are just a run-up to 'problems' that are going to occur nationwide, which are going to allow the GOP to steal the elections & retain hold of congress. They will, of course, refuse to allow any kind of investigations, or if they do, the investigation will be so rigged - a la the 9/11 Commission - that it will be meaningless. If I'm wrong, I'll apologize in this website.
42 - Jet In Columbus
An aspect you may not have considered Nancy is that this legislation is a ploy by Repbulican encumbants to use in campaign commercials against opponents as soft on the war on terror, which is why it was so urgent to get passed before they recessed for november elections.
This legislation is clearly unconstitutional and will be challenged in the supreme court because it denys due process for the accused, and denys the accused to see the evidence against them because it's been conveniently classified secret by the administration.
43 - Nancy
It got passed last night & there's already been something filed against it w/the courts, so Bush's so-called 'victory' won't last long, I hope.
44 - Lady Dragonfyre
I'm confused -- How can they apply this new legislation retroactively? In the legal system, for example, a person cannot be punished for a act he committed which was NOT a crime at the time he committed that act.
It seems to me that if this legislation passes, Bush should be held accountable under the CURRENT laws for any acts committed up until the moment the new legislation is signed into law.
This is ridiculous. While Bush is at it, why doesn't he retroactively lower the tax rate so we can all receive refunds going back 20 years or so?
45 - JustOneMan
I heard on CNN that this was so secret its written on lemon juice and you need a decoder ring to translate it....
46 - JustOneMan
Lady....the government can do it in fact the feds have implemented retroactive tax increaseses....
47 - Jet In Columbus
Nancy, What can I tell you? Now all someone has to do is explain why it was so all fired important that Bush be protected against war crimes he hasn't been accused of yet.
If he didn't do anything wrong what's the problem?
Congress would never find an innocent man guilty would they Mr. Clinton?
48 - Jet In Columbus
Lady DragonFrye it's all spelled out in comments 24-27 or the entire bill can be read via the link on comment 30...
A republican Congress can get away with that stuff with King George II.
49 - Jet In Columbus
...when BushCo suspends the elections by claiming a national emergency.
Nancy, sounds like it's time for you to write an article?
Jet
50 - Jet In Columbus
You'll not the silence? Kinda refreshing I think
51 - Clavos
#50...huh?
52 - Jet In Columbus
I was possessed by Yoda...For asking thank you
53 - JustOneMan
The comments is here are sort of like a left wing looney fantasy wet dream...alas your poor souls it is but a dream....
54 - Jet In Columbus
Take note of the bold text contained in comments 24-27, then find a new reality
55 - Jet In Columbus
This article has been published at Published on AfterDowningStreet.org
56 - Dave Nalle
Hmmmm after posting the actual legislation, I notice an odd silence from the right....Hmmmmmm
Sorry, Jet. I haven't been following this thread. What did you want me to say about the MCA? People seem to be doing a find job of misreading and misrepresenting it without my help, and they clearly aren't interested in having it explained to them.
Dave
57 - Jet In Columbus
Thanks Dave, I knew I could count on you.
Sometimes I wonder why I bother at all...
58 - Dave Nalle
Because it's more fun than the alternative, Jet. Now go read my article endorsing public gay underage sex for Republican congressmen - at least that's the way some people are interpreting it.
And the real reason I haven't commented here is that there are now 4 or 5 posts on this subject and I'm probably going to have to write one of my own as well, so it's nothing personal. You've done a fine job of stirring the pot.
Dave
59 - Nancy
Jet, thanks for the compliment, but what would I write an article about? All I really do is rage against Adolph Bush. Besides, I don't have the sort of talent to marshall really good arguments when it comes to writing. Too much emotion, as others have noted before. Wish I could, but perhaps better not. I know my limits ;) Thanks anyway.
60 - Jet In Columbus
Dave, my problem seems to be that I write my news articles too soon and by the time the news organizations finally catch up, it's old news.
someday I'll learn better timing.
Apparently this article is spreading like wildfire in England and Australia using my exact words but under other's bylines.
alas.
I'm just having a down day...
Thanks Dave
61 - Jet In Columbus
Nancy, so write an opinion piece.
P.S. I think a better name would be King George II.
62 - Jet In Columbus
I still say that "when BushCo suspends the elections by claiming a national emergency " would make a good article for you to write Nancy.
'cmon put up or shut up!
I think you can do it, and do it well...
63 - JustOneMan
I cant beleive "someone" in here is claiming to have broke (back) the story...this is the same inane blathering that NPR, WaPo and NYT have been puking about for the past several weeks...
The real story is - Dems weak on terrorist! If Jet and his ilk get their way
We will be giving Muslim suicide bombers a ticket and asking them to appear in court....sounds like strong decisive action just like Mr." I did not have sex, and came closer to killing him" Clinton.
64 - Scott
"We will be giving Muslim suicide bombers a ticket and asking them to appear in court"
That would be fairly redundant since they would already be dead.
65 - Jet In Columbus
Yes Scott, but think of all the virgins you'd get to see in court!
66 - pleasexcusetheinterruption12
So what if the muslim suicide bombers appear in court? Personally, I much prefer to have my suicide bombers tried and convicted in a court of law before the whole world rather than shut up and tortured so that the entire world can pity the injustice. Do you have a problem with proving the guilty guilty before treating them guilty JOM?
67 - pleasexcusetheinterruption12
With your reactionist ideology we should torture bathtub manufacturers in secret prisons.
68 - JustOneMan
Could you imagine using your foolish and naieeve method with Germans on the battlefield of WWII...pretty funny...save the court stuff till after we get all the info out them...I would have much prefered if our nuetered ploiticians would have voted for a "take no prisoners" policy than at least we would have a chance....
I also heard the Dems were lobbying for a something much more humane..First terrorist offenders get off with a warning and $300 fine....but the majority of Dems thought the $300 was much too harsh...
69 - Jet In Columbus
PETI, there was a great political cartoon in Newsweek this week that had a picture of "Tjckle me Elmo" in a box and he was tied up and gagged with wide eyes. The caption read "New from the White House... Torture me Gitmo!"
70 - Jet In Columbus
PETI-68, yes and Bush was just given congressional protection against prosecution!
71 - JustOneMan
WOW....70 & 71 really show how tough the Dems are on terror!
72 - Jet In Columbus
Well... it's nice to see the press finally catching up to me...
News Advisory
Reporters and bloggers correctly observe the new bill guts the War Crimes Act, flouts key aspects of the Geneva Conventions and legalizes past and future abuses of detainees. But they ignore the bill's key aspect: it stealthily confers immunity from prosecution for offenses like the ones committed at Abu Ghraib, not only on CIA officials, but more importantly, on the president and cabinet members, retroactive to 9/11/2001.
Now Congress has passed the bill with its retroactive immunity provisions, Holtzman is available for interviews to discuss how it might affect President Bush, future detainees, and future congresses and presidents. She foresees a backlash when the "stealth pardon" feature of the bill is discovered, which could fuel impeachment inquiries if Democrats gain control of Congress.
Holtzman's new book, co-authored with Cynthia L. Cooper, "The Impeachment of George W. Bush" ( http://www.impeachbushbook.com ) argues that impeaching President Bush is not only justified, but Constitutionally required, given his record of failure to uphold the law. Permitting and condoning torture or cruel treatment of detainees is one possible ground for impeachment that demands serious adjudication. Others include directing illegal domestic wiretapping, indifference to human life in responding to Hurricane Katrina and in ill-equipping U.S. soldiers and failing to plan for Iraq's occupation, deceiving Congress and Americans in taking the country to war in Iraq, and seeking to cover up war deceptions by leaking misleading classified information which led to outing a CIA agent.
These actions have disturbing parallels with offenses for which the Judiciary Committee voted to impeach Nixon. The Nixon precedent, which Holtzman helped establish, means that even if a president invokes immunity from criminal prosecution for certain abuses, nonetheless that president can still be impeached for them. Abuses of presidential power which aren't technically crimes may still meet the Constitutional standard for impeachment of "high crimes and misdemeanors."
/© 2006 U.S. Newswire 202-347-2770/
73 - Ray Ellis
We get it, Jet--"Of course, that's just my opinion" is your new buzzphrase, replete with large type and screaming blue color.
74 - Jet In Columbus
Nothing about the article Ray?
75 - Jet In Columbus
It's a link Ray, if you click it it'll turn purple if you don't like blue...
That's true blue, not screaming blue...