Thursday, February 12, 2009

And speaking of recurrences of the same ...

... it seems a bit early to pull that "Who Would Jesus Torture?" sticker off my bumper.

We have:

(1) the continued efforts to dismiss Binyam Mohamed's suit on the basis of "state secrets" and to intimidate the Brits into keeping quiet about our torture methods;

(2) on the theory that "if only the tsar knew," Mohamed's lawyers are trying to appeal directly to Obama;

(3) Elena Kagan at her confirmation hearings for SG telling the Senate that "enemy combatants" can be held indefinitely without trial:

Graham, a former Air Force lawyer, stressed the stark difference between criminal law and the law of war. He and Kagan agreed that under criminal law, no person can be held indefinitely without a trial.

"Do you believe we are at war?" Graham asked.

"I do, Senator," Kagan replied.

Graham cited the example of someone who is not carrying a gun or fighting on a battlefield. "If our intelligence agencies should capture someone in the Philippines that is suspected of financing Al Qaeda worldwide, would you consider that person part of the battlefield?" he asked. He added that he had asked the same question of Holder, who replied that he agreed that person was on the battlefield.

"Do you agree with that?" the senator said.

"I do," Kagan replied.

So, a suspected financier can be held for the rest of his life with no judicial process. More of the stupid GWOT glorification of al-Qaeda criminals.

Good thing we have a new administration.

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