Building a Two-Legged Stool
By Douglas Watts
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This is the ulterior motive of the Torture Bill. It is designed to ensure its victims will never be able to question its legality before a US Court. If the law itself prevents a victim from bringing a claim against it, then no US Court can rule on its legality. And if no US Court is presented with a case questioning the law's constitutionality, the law remains in effect. Catch-22.
The key here is time. Both Congress and the President need to buy time badly. Actions authorized by the President since 2001 allowing torture are felony crimes under the 1996 War Crimes Act. Unless and until the 1996 War Crimes Act is substantially amended, the President and the entire chain of command are potentially subject to indictment and prosecution for war crimes in federal court.
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Any person with even a slug brain can discern that in the face of violations of both the US Constitution and the Geneva Conventions looming over the Executive Branch during the past five years, Congress is trying to pass a law which nullifies both without saying so directly.
This past weekend U.S. Sen. John McCain claimed on CBS’ “Face the Nation” that the Torture Bill would leave the Geneva Conventions intact and "untouched." This is provably false because the Torture Bill is specifically designed to prevent any court in the world examining if a person's Geneva Convention rights have been violated and to prevent a defendant from ever making this claim to any court.
MUCH MORE:
http://www.smirkingchimp.com/thread/1089