patrick.ainge.com

The US defense department has outlined new rules that could allow terror suspects to be imprisoned [or sentenced to death] on the basis of hearsay or coerced testimony.

(01/18/2007 draft of the manual)

Chris Anders, ACLU Senior Legislative Counsel writes on the “…long haul to fix the Military commissions Act.”
from the ACLU Blog post:

Thanks to Congress, detainees at Guantanamo lost the due process protection that the Supreme Court said that they had. The Military Commissions Act eliminates the habeas corpus protection to have a court decide if a detainee is being held legally or illegally. It is the most basic due process protection in the Constitution–and Congress took it away by a vote of 51-48 in the Senate. Without habeas, there is a much greater chance that detainees being held indefinitely will once again fall outside the protection of the rule of law.

Now a new Congress is gearing up to address this part of the Military Commissions Act. Senate Judiciary Committee Chairman Patrick Leahy has made repeal of the habeas-stripping section a top priority, and has introduced a bill with the highest ranking Republican on his committee, Senator Arlen Specter, to do just that. On the House side, the new House Judiciary Committee Chairman John Conyers is also ready to have Congress reverse course and protect habeas due process protections.

ACSBlog:

Constitutional Scholars Join Letter Asserting Congress Has Power to Stop Escalation

Twenty-one legal scholars, including many who served as constitutional advisors to the President, have joined a letter to House and Senate leadership outlining Congress’ broad powers to limit the commander-in-chief (pdf available here).

As of now the link from ACSBlog is not working well so I have mirrored the PDF file locally.

Bruce Schneier points us to another classic example of how fear/stupidity mongers are allowing terrorists to achieve their ultimate goal of getting us to disrupt our own lives for them.

The Guardian is reporting that an as yet unnamed woman will become the Tower of London’s first ever female Beefeater. From the Guardian report:

“There were six candidates for the vacancy, and she was the only female. She was awarded the job on merit - she will replace one who is retiring.” Spokswoman Natasha Woollard said.

Her uniforms will differ only from her male colleagues’ in order to fit her properly.

To join the 35-strong guard, a successful candidate must boast a minimum of 22 years service in the forces, as well as a long service and good conduct medal.

“Two women have applied before, neither were successful for the different vacancies they applied for,” said the spokeswoman.

The Tower of London’s Yeoman Warders date back to 1485 and their nickname ‘Beefeaters’ is thought to derive from the daily ration of meat they received.

However, their full title is ‘Yeoman Warder of Her Majesty’s Royal Palace and Fortress the Tower of London, and Members of the Sovereign’s Body Guard of the Yeoman Guard Extraordinary’.

The New York Daily News is reporting President Bush has quietly claimed the right to open Americans’ mail without a judge’s warrant.

Bush has issued a “signing statement” that declared his right to open people’s mail without a judge’s warrent under emergency conditions, contrary to existing law and in direct contradiction to the bill he had just signed.

“You have to be concerned,” agreed a career senior U.S. official who reviewed the legal underpinnings of Bush’s claim. “It takes Executive Branch authority beyond anything we’ve ever known.”

This from the man we have vested with the responsibility to protect and defend the constitution and laws of the United States.

The Wall Street Journal is reporting that John Negroponte will step down from his post as “Intelligence Czar” to take a post as Deputy Secretary of State.

Can’t wait to see how Bush spins this one.

In an op-ed column in the New York Times today author Robert Harris creates some very intriguing parallels between the recent political climate in the United States and Rome circa 68 B.C.

IN the autumn of 68 B.C. the world’s only military superpower was dealt a profound psychological blow by a daring terrorist attack on its very heart. Rome’s port at Ostia was set on fire, the consular war fleet destroyed, and two prominent senators, together with their bodyguards and staff, kidnapped.

The incident, dramatic though it was, has not attracted much attention from modern historians. But history is mutable. An event that was merely a footnote five years ago has now, in our post-9/11 world, assumed a fresh and ominous significance. For in the panicky aftermath of the attack, the Roman people made decisions that set them on the path to the destruction of their Constitution, their democracy and their liberty. One cannot help wondering if history is repeating itself.

excerpt from:

Pirates of the Mediterranean
By ROBERT HARRIS
Published: September 30, 2006
New York Times

We need to remind Bush what his job is.

Whenever I hear the president mention, oh, every 12 minutes, that his greatest responsibility is “to protect the American people,” the insufferable civics robot inside my head mutters: “Actually, sir, your oath, the one with the Bible and the chief justice and the Jumbotron, is to protect and defend the Constitution of the United States. For the American people are not mere flesh whose greatest hope is to keep our personal greasy molecules intact; we, sir, are a body politic — with ideals.”

excerpt from:

Down With Torture! Gimme Torture!
By SARAH VOWELL
Published: February 5, 2006
The New York Times

Hey! I’m back!

Unfortunately just in time to post the full text of the Military Commissions Act of 2006.
Just passed by Congress and on its way for approval by The President.

Another blow to freedom, and another step toward Bush’s police state.

I wonder how long it will be until those who oppose the current regime are branded terrorists and jailed without trial?

[via: Marty Lederman's post at Balkinization]