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Yesterday, White House press spokesman Tony Snow assailed the Fourth Circuit’s ruling that President Bush does not have the power to lock away people lawfully in the United States forever without charges. Says Snow:
Are you saying that detaining people who are plucked off the battlefields is an assault on democracy? Are you kidding me? You’re talking about the people who were responsible for supporting the Taliban, somehow detaining them is an assault on democracy?
The battlefield that Al-Marri was “plucked off of” was an apartment complex in West Peoria, Illinois, where he had been living, under constant observation, for many months. He was a computer science student at Bradley University at the time. He was arrested not using the commander-in-chief authority of the president, but rather using normal criminal justice process, by the FBI. Long after his arrest, a decision was made within the government to change the terms of his detention and to transfer him into the custody of the military. Why exactly? Well, the Fourth Circuit explored that in some detail. The Bush Administration offered no explanation. But the Fourth Circuit found a public statement by Attorney General John Ashcroft indicating that the purpose of the transfer was so that he could be more effectively interrogated. That is so say, so that enhanced interrogation techniques such as waterboarding, long-time standing, hypothermia, and sleep deprivation could be used on him. So virtually every statement that Snow made during the press conference yesterday on this score was a studied lie.
And at the end we have the real whopper: it is the essence of democracy, he suggests, for the president to place someone who is lawfully in the country on a student visa under military detention, beyond the review of any court, and torture him. Actually, the powers that Snow supposes to be vested in the president match an established category of governance that would have been easily recognizable to Aristotle. The word is tyranny: long defined as a system in which a single ruler has unchallenged power to detain and punish his subjects.
The point here is not to say that Al-Marri is an innocent lamb, but rather that if the Bush Administration believes he is guilty of complicity in terrorist schemes, he should be charged and brought to trial, and the charges should be proved. You know, that old fashioned thing, justice–in which we allow people to confront the charges brought against them and make their case. It’s a simple concept. And one that’s being slowly forgotten in the White House’s political hyperventilation.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Number of people stopped and frisked by the NYPD in 2011 for “furtive movements”:
The faces of Lego people were growing angrier.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature