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Last week two military judges collapsed the Bush Administration’s plans to try two Guantánamo detainees before military commissions. Today the Fourth Circuit Court of Appeals, the most conservative court in the United States, dealt the Bush Administration a further massive blow in its ruling that Bush could not seize civilians lawfully in the United States and put them under the custody of the military for purposes of torturing them or for any other purpose. The ruling is a strong reaffirmation of the Rule of Law and of the Constitution–and reviewing it and seeing in it a rehearsal of the dishonest and hysterical arguments advanced by the Bush Administration serves as a reminder of how obsessed this crew has become with tyrannical power.
It is significant that the Court went out of its way to shine a bright spotlight on the rule of torture in the Bush Administration’s conduct. Most of the odious conduct of this administration turns, after it is carefully deconstructed, on one simple fact: the desire to torture. This is true of the push for military commissions, special evidentiary rules which will allow torture-extracted evidence, the use of national security classifications to hide torture rules, techniques, and sworn evidence of the use of torture. In sum, this is the Bush Administration’s desperate efforts to obscure its own criminality–which now runs rampant. The rulings out of Guantánamo and the Fourth Circuit are vital steps. But the essential next step is for Congress to act to restore habeas corpus and to insure that the law of the land–which has outlawed torture since 1789–is adhered to.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Damages sought, in a defamation suit, by a Chicago landlord from a tenant who complained about mold via Twitter:
The British House of Lords voted to limit the right of parents to spank their children.
Trump tweeted that “millions of people” had illegally cast ballots in last month’s presidential election, and the Washington Post identified four cases of voter fraud across the country.
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."