A Bad Detainee Bill Gets Worse
by TChris
Fearful of being labeled "soft on terror," Senate Democrats continue to be timid in their opposition to the president's plan to give detainees sham trials before military tribunals. They need to wake up. Recent Republican changes in the bill endanger the rights of everyone.
The current definition of "enemy combatant," to whom the law would apply, broadens its reach from those who "engaged in hostilities against the United States" to those who "purposefully and materially supported hostilities against the United States." Material support is a vague concept that can be, and has been, applied to lawyers and interpreters assisting clients. Should lawyers who are United States citizens, acting within the boundaries of the United States and plainly protected by the Constitution, be subjected to trials before a military tribunal rather than a criminal court?
Another change undermines the meager progress that Republicans made to improve the bill. To avoid trials based on secret evidence, the bill gave suspects the right to "examine and respond to" the evidence. The latest version drops the word "examine," leaving suspects with the useless right to respond to evidence they aren't permitted to see.
Still another change would purport to eliminate the need to comply with the Fourth Amendment's warrant requirement for searches conducted in the United States:
[T]he original compromise said that evidence seized "outside the United States" could be admitted in court even if it had been obtained without a search warrant, a provision Republicans and Democrats agreed was necessary to deal with the unusual circumstances of seizing evidence on the battlefield. The bill introduced Monday dropped the words "outside the United States," which Democrats said meant that prosecutors could ignore American legal standards on search warrants within the country.
Bill Frist assures us that these are just "technical changes." That's an obvious lie. These are substantive changes designed to broaden executive power at the expense of fundamental fairness. Having been caught trying to reinistate trials based on secret evidence, Republicans call the elimination of the right to "examine" evidence a "drafting error." Right. The error would be to allow this bill to pass unchallenged.
According to the NY Times, some Democrats say "the changes to the bill had not yet reached a level that would cause them to try to block it altogether." So secret trials, the repeal of habeas corpus and the Fourth Amendment, and expansion of military trials to acts committed by U.S. citizens on U.S. soil isn't enough? What will it take to get your attention, Dems? Perhaps a provision permitting the president to define any political opposition to this policies as "material support for hostilities against the United States"?
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