Why We Should Care About Torture

"Why does the media care So much about torture?"

Jim Johnson, of State of Sunshine.

We should all care about torture. It is an act of violence that is morally unacceptable. The Geneva Conventions make clear torture is illegal.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) Taking of hostages;

(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

The U.S. Constitution grants Habeas corpus. The U.S. Supreme Court decision Boumediene et al v. Bush allowed detainees to file Habeas corpus petitions. The Eighth Amendment forbids the use of "cruel and unusual punishments inflicted." Torture fits the definition of unconstitutional treatment of prisoners. Boumediene does not give detainees the same rights as American citizens. Conservatives argue it is okay to waterboard detainees because they are foreigners. Xenophobia trumps conducting interrogations that would produce quality intelligence.

The question that should be asked is why conservatives care so little about torture. The evidence is torture interrogations did not produce the intelligence the Bush administration claimed. Conservatives rightfully bash repressive regimes for torturing political prisoners. Why is torture good if the United States does it? Repressive if done by China.

Conservatives use the argument of jihadists beheading prisoners as evidence the Bush administration tactics are justified. Conservatives made the simplistic argument two wrongs make a right. Are we suppose to start beheading detainees because terrorists do? The question is asinine. As is waterboarding Khalid Sheik Mohammed 183 times and expecting new information.

The United States has sent Maher Arar sent to Syria to be tortured. He was released because the CIA mistaked him for someone else. Arar was held and tortured in Syria for ten months. Not only do we torture like repressive regimes - we outsource work to these countries

I hope that answers Jim Johnson's question.

Attorney Giuliani Would Suspend Habeas Corpus

Rudy Giuliani believes that the President of the United States has the authority to imprison Americans. without charge.

Crane says he was disappointed with Romney's answer to his question the other night. Crane asked if Romney believed the president should have the authority to arrest U.S. citizens with no review. Romney said he would want to hear the pros and cons from smart lawyers before he made up his mind. Crane said that he had asked Giuliani the same question a few weeks ago. The mayor said that he would want to use this authority infrequently.

Giuliani was a former U.S. Attorney. He knows fill well the Constitution does not grant the President that kind of power.

Article 1 Section 9

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

There is no war within the borders of the United States. The fact that Giuliani would consider suspended Habeas Corpus shows him the be a national security lightweight.

Andrew Sullivan points out Giuliani is advocating the kind of tyranny the Founding Fathers feared.

I never thought I'd read a post like this in America in my lifetime. Isn't this power of a sovereign to detain any citizen without charge at any time part of the reason this country was founded? And now it is simply assumed that this kind of monarchical power is fine. A country that grants its executive the power to do this is definitionally not a free country. It really is as simple as that.

The conservative pundits and bloggers this proves that Giuliani is a tough guy. Imagine is more important than effectively fighting terrorism. Which is why I love popping the Rudy tough guy myth.