The Daily of the University of Washington

It can happen here


In a grotesque display of irony, White House Press Secretary Dana Perino condemned actions by the Junta against citizens in Myanmar.

The administration is "distressed ... about very innocent people being thrown into detention, where they could be held for years without representation or charges," she said.

It's quite "distressing."

Surely, that type of thing could never happen here, right? But it already has, and to a U.S. citizen.

With the passage of the Military Commissions Act in October of 2006, this administration claimed it could deny the right to trial to whomever the president declares "an enemy combatant."

That means Bush, Clinton or Giuliani can decide the Bill of Rights doesn't apply to you whenever he or she says so.

In existence from the days of the Magna Carta 800 years ago, the writ of habeas corpus was guaranteed even under the King of England.

Then came the case of José Padilla, a U.S. citizen branded by the administration as the 'dirty bomber.'

With no charges filed against him, in 2002, Padilla was dragged to a Navy brig where he was stripped of all human dignity and methodically tortured to the point of "irreversible psychological damage."

For three and a half years, Padilla's completely isolated detention consisted of a 7 x 9 foot windowless cell, bright lights on for days, no mattress on his steel bed, no pillows, sheets, clocks, calendars, radio, television, telephone calls and no visitors — including a lawyer — or human contact other than his interrogators for almost 2 years, according to the Christian Science Monitor.

He was regularly assaulted, hooded while held in extreme stress positions, threatened with imminent executions, subjected to extreme temperatures and even given LSD and PCP during some of his interrogations.

Experts agree the prolonged periods of isolation and sensory deprivation will drive a prisoner insane.

"What the government [was] attempting to do," said Dr. Stuart Grassian, a nationally recognized expert on solitary confinement, "[was] create an atmosphere of dependency and terror."

Ironically, techniques like these are banned under the U.S. Army Field Manual primarily because their efficacy is questionable, to say nothing of their morality.

These methods are adapted from the same ones the Soviets used on political dissidents and the North Koreans on U.S. POWs, methods that the United States once condemned, according to the Monitor.

Some officials say, however, that these methods are vital and do not go far enough.

"Anything that threatens the perceived dependency and trust between the subject and interrogator directly threatens the value of interrogation as an intelligence-gathering tool," said Vice Admiral Lowell Jacoby, head of the Defense Intelligence Agency.

Jacoby goes on to claim that the introduction of legal counsel "may substantially harm our national security interests."

Those chilling remarks are literally straight from George Orwell's 1984. In fact José Padilla is eerily similar to Winston Smith in that in the end they both deeply sympathize with and are terrified of the government that destroyed them.

These developments might be less worrisome if the Padilla case was an isolated incident, but it isn't. Navy veteran Donald Vance was also detained and tortured without charge or counsel for three months earlier this year.

While it may be true Padilla was no Boy Scout, even psychopaths like Ted Bundy and Gary Ridgway, the Green River Killer, weren't treated so inhumanely.

In fact, even high-ranking Nazi war criminals were treated with more humanity, as this week's Washington Post reports.

"During the many interrogations, I never laid hands on anyone. I'm proud to say that I never compromised my humanity," interrogator George Frenkel said.

"We got more information out of a German general with the game of chess or ping-pong than they do today, with their torture," said Henry Kolm, a World War II Nazi interrogator assigned to Hitler's deputy.

In light of the bombshell New York Times article revealing the continued systematic implementation of torture approved at the highest levels, Congress must immediately repeal the abomination known as The Military Commissions Act.

"[The administration argued that] the President always knows best," said Yale law professor Jack Balkan. These powers are that "of a dictator in an authoritarian regime. They are the powers of the old Soviet Union."

If Nancy Pelosi still considers impeachment "off the table" after these recent developments, then she has essentially taken the Constitution off the table and needs to step down.

The Padilla conviction was a pyrrhic victory for this administration but ultimately is a shameful day for our Constitution, our republic and the sacred principles of our nation.

[Reach contributing writer Aditya Ganapathiraju at opinion@thedaily.washington.edu.]


12 Comments

#1 Abhinav
(UW Campus | Unverified Name)

on October 11, 2007 at 10:42 a.m.
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There is no way a Democrat supports removing Habeas corpus from enemy combatents and if a Demcorat wins the Presidency in 2008 and we still got a Democratic Congress look for this to be repealed. As with impeachment we don't have the votes so lets spend our time on something meaningful.

#2 Objective
(None, None | Unverified Name)

on October 11, 2007 at 10:55 a.m.
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Think again, Abhinav. It was a bipartisan bill when passed. 25% of democrats voted for it in the Senate, and 32 democrats voted for it in the house.

#3 Abhinav
(UW Campus | Unverified Name)

on October 11, 2007 at 11:01 a.m.
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yeah I know that but that was because they Dems who didnt were gutless and were afraid of being painted as weak. I think that has changed. I dont't think that bill passes in a Democrat controlled congress.

#4 Objective
(None, None | Unverified Name)

on October 11, 2007 at 11:23 a.m.
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I'm definitely not saying I'm a big fan of this legislation, but one thing needs to be made clear: the author is way of of whack with the truth. Our leaders cannot just deny habeas corpus to whomever they feel. While that may be great political banter and talking points, it just plain false.

Habeas Corpus can only be denied to illegal aliens, not United States citizens. The notion that our President will mindlessly decide to deny your civil rights for anything reasonable is preposterous.

http://www.cato-at-liberty.org/2006/1...

#5 Abhinav Kaul
(UW Campus | Unverified Name)

on October 11, 2007 at 11:37 a.m.
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Actually habeas corpus cant be taken away from illegal aliens because the rights in the constitution apply to persons and not citizens.

#6 Abe
(UW Campus | Unverified Name)

on October 11, 2007 at 11:38 a.m.
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And wit this legislation our leaders can deny habeas corpus to whoever they want to they just have to declear them an emeny combatent first that what the bill that was passed states.

#7 J
(Decatur, GA | Unverified Name)

on October 12, 2007 at 4:31 a.m.
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Um, was the author not making the point that this administration often places itself beyond any laws & constitutionally guaranteed rights? I admire the call to action, but wonder if repealing The Military Commissions Act now would be symbolic only - and if that's the case - maybe the next President will show some fortitude and ask Congress to at least amend this Act with an expiration date.

#8 Kaasa
(Seattle, WA | Unverified Name)

on October 12, 2007 at 9:19 a.m.
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Objective, two points:

1) The MCA does say that the president can only deny the right to writ of habeas corpus to illegal enemy combatants, but the privilege of deciding who is an illegal enemy combatant belongs to ... the president. Effectively, yeah, the president retains the power to detain pretty much anyone s/he pleases indefinitely.

2) The MCA is unconstitutional anyway. Habeas corpus may *not* be suspended for anyone except in cases of invasion or rebellion when "the public safety may require it."

#9 DeusEx
(UW Campus | Unverified Name)

on October 15, 2007 at 12:48 p.m.
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Interesting article, but what are your sources. Albeit you sighted the Christian Science Monitor once, there is great deal that you are claiming that is perhaps more appropriately termed alleged. You decide to quote “irreversible psychological damage” and yet there's no source behind it. For all the reader knows this information is a quote by the author.

That aside, let's be realistic about who's being put where. While I'm not condoning all actions of the military in how they choose handle enemy combatants (for I do not work for the military and I do not know what they know). There's no incentive for any power to imprison and torture innocent people unless it is their business to incite terror. So, is what's happening in Myanmar an act of terrorism, yes! Is what's happening within the United States military system an act of terror, no... but if you think it is, then we each must take personal responsibility for it, because we live in an elected democracy and win or lose, should you participate, then you have already agree to accept the results.

Finally, as a thought that I've long carried ever since debates over personal liberties began being pitted against ending terrorism; I've got nothing to hide, if the government wants to interrogate me and subject me to torture to try and prove otherwise, I will still come away knowing that I am in fact innocent of wrongdoing and I am willing to accept these terms so that we might "get 'er done!"

#10 DeusEx
(UW Campus | Unverified Name)

on October 15, 2007 at 12:50 p.m.
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And I'm sorry that my writing is poor, but I can't edit it, so you'll just have to get over it.

#12 Srinivas
(Secunderabad, India | Unverified Name)

on March 10, 2008 at 1:10 a.m.
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Speaking from India where habeas corpus is a tool of only the knowledgeable, I really appreciate the debate on habeas corpus
Administration/ State has the uncanny ability to sidestep legal provisions that are meant for human beings and reduce the citizens to objects to be treated with disdain and distrust.
Very unfortunate, but this is the universal truth. There is no nation, that can really claim that it does not have a rights violation by its agents.
The perpetrators/ agents are to be blamed for each instance. However, the State that has empowered and enabled its agents too cannot escape the blame.


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