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Do you know about the Graham-Levin-Kyl amendment? Torture legal on

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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 10:30 AM
Original message
Do you know about the Graham-Levin-Kyl amendment? Torture legal on
monday?

Do you know that the House is about to vote to legalize torture?

Do you know that hidden behind the McCain amendment outlawing torture is another amendment undermining that?

http://newstandardnews.net/content/index.cfm/items/2702

Critics Question Senate’s Supposed ‘Anti-torture’ Stance
by Michelle Chen

While most media treatment of the McCain torture “ban” is repeating politicians’ spin, civil libertarians see compromise legislation has rendered it largely toothless and possibly added to the problem.

*

-snip-

For months, the White House threatened a veto if the amendment stayed on the must-pass defense appropriations bill, even though it has denied condoning any unlawful treatment of detainees. To quell that opposition, Senators Carl Levin (D-Michigan) and Lindsey Graham (R-North Carolina) negotiated an additional amendment to the final legislation. Their amendment is similar to one Graham attempted to pass through Congress last month by attaching it to an oversight bill.

-snip-

License to Torture?

The Graham-Levin amendment explicitly enables the Combatant Status Review Tribunal to admit evidence extracted from a detainee by force. Even if military authorities determined that a statement was "derived with coercion," they could decide to use it on the basis of its "value" to the case.

-snip-

But to groups that have long advocated for the protection of detainees, the government’s motion to ban torture remains largely confined to political symbolism.

Ratner commented: "This administration does not want any judicial oversight of anything it’s doing in its so-called ‘war on terror’… Congress so far, unfortunately, has willingly complied with letting them do that."

***

please find me anything you can on this!


peace!
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thinkingwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 10:31 AM
Response to Original message
1. they could pass a thousand laws
authorizing tortue but it still wouldn't be legal. It still wouldn't be constitutional. It still wouldn't fly with the rest of the world.
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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 10:39 AM
Response to Reply #1
2. Yeah what's the point
It isn't right and everybody (including them) knows it isn't right. Well maybe cheney and rumsfeld don't but everybody who is human does. Who are they trying to fool?
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 10:50 AM
Response to Reply #2
4. exactly! that is why they have concealed it behind the McCain bill
AGAINST torture!

we were so consumed fighting individual aspects of the legislative session - so much we HAD TO FIGHT!! - while this was just barely visible off to the side...

we must act on this!


peace!
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thinkingwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 12:58 PM
Response to Reply #2
7. that's the 6 million dollar question
who are they trying to fool?
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 01:16 PM
Response to Reply #7
9. us, sadly. and it seems it has worked. still trying to find out if they
stealth passed this on thursday night.

and i did not even know about it till too late. apparently most didn't.

and you said it, why would they even try to hide it, if was so proper??

thank you!


peace
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 10:45 AM
Response to Reply #1
3. well, on MONDAY it will be written into LAW that it is the LAW of this
land, IF WE DO NOT STOP THAT!!

i agree it will never be moral, ethical, acceptable law, or even legally forced through congress INTO law

BUT

on monday they will vote to write it AS THE LAW.

today we have to expose the lie of this, and act against it! URGENTLY!


peace

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thinkingwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 12:58 PM
Response to Reply #3
6. that doesn't make it constitutional nt
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 01:08 PM
Response to Reply #6
8. you know that, i know that, but they aren't caring about that. it is still
happening.

and if we are silent, that is legal assent. unless someone acts against this, and no one in power seems to be, it will be the law.

i wish they would!

please write that to your representative!

thank you!
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 10:56 AM
Response to Original message
5. ACLU warning and action on this! i missed this completely! please help!!
http://www.aclu.org/natsec/gen/23183leg20051221.html

ACLU Letter to Congress Urging Protections Against Torture (12/21/2005)


VOTE "NO" ON GUTTING PROTECTIONS AGAINST TORTURE. VOTE "NO" ON THE DEFENSE DEPARTMENT APPROPRIATIONS CONFERENCE BILL.


CONFEREES’ CHANGES TO SENATE-PASSED GRAHAM AMENDMENT WILL MAKE IT HARDER--NOT EASIER--TO STOP THE FEDERAL GOVERNMENT FROM USING TORTURE AND ABUSE.


December 21, 2005

RE: Conference Changes to the Senate-Passed Graham Amendment to the DOD Authorization Bill Jeopardize Protections Against Torture and Abuse


Dear Senator:

-snip-

The ACLU strongly urges you to vote "no" on the conference bill. These changes would be a big step backward, instead of a step forward, in stopping the government from using torture and abuse during interrogations. Instead of putting an end to the federal government’s use of torture and abuse, Congress would remove many of the remaining protections against torture, abuse, and denial of due process at Guantanamo Bay.

-snip-

Explicitly authorize the federal government to use evidence obtained by torture in deciding whether to hold a person indefinitely and without criminal charges at Guantanamo Bay. Congress has never before authorized the use of evidence obtained by torture or abuse. Under the conference bill, even evidence obtained through torture committed by countries such as Syria or Saudi Arabia could be considered by the federal government in making its determination to hold persons at Guantanamo Bay without any criminal charges. As a result, the federal government would have an additional incentive to continue its practice of kidnapping persons and sending them to countries that engage in torture, as a way of obtaining additional evidence. The problem is compounded by the government’s use of secret evidence during its proceedings--even refusing to let the detainee know the evidence being used as the basis for detention.


Strip the Supreme Court and all other courts of jurisdiction to decide on the constitutionality and legality of nearly all aspects of the detention of persons held at Guantanamo Bay in any cases brought after enactment. Despite the Supreme Court holding that persons held at Guantanamo Bay have due process protections under the Constitution, the conference bill would expand the Senate-passed Graham amendment’s bar on habeas corpus petitions to prohibit all federal jurisdiction, except for appeals of decisions of combat status review tribunals and some military commissions at Guantanamo Bay. Moreover, the Graham amendment has also been changed to state that the legislation does not imply that the Constitution or any other laws apply to the procedures or actions of the combat status review tribunals or military commissions. The combined effect of these expanded court-stripping provisions would be to turn Guantanamo Bay into a legal no-man’s-land for any claims filed after the date of enactment.


We strongly urge you to reject the conference bill because the conferees’ changes made to the Senate-passed Graham amendment would, for the first time ever, strip the courts of nearly all jurisdiction to stop the government from torturing, abusing, or indefinitely detaining persons without charges at Guantanamo Bay, and make evidence obtained by torture part of the secret evidence used by the federal government to detain persons indefinitely.

-snip-

Sincerely,


Caroline Fredrickson
Director
ACLU Washington Legislative Office


Christopher E. Anders
Legislative Counsel
ACLU Washington Legislative Office
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 01:19 PM
Response to Original message
10. This Congress must be in the Top Ten most corrupt
in our history.

And John McCain is part of the problem, not the solution.

:kick:
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 01:56 PM
Response to Reply #10
12. absolutely!! unbelievable!! who just said, days ago, that it is the MOST
corrupt ever??

REID!!!

http://thestar.com.my/news/story.asp?file=/2005/12/19/worldupdates/2005-12-19T021629Z_01_NOOTR_RTRJONC_0_-228558-1&sec=Worldupdates

WASHINGTON (Reuters) - U.S. Senate Democratic leader Harry Reid called the Republican-led Congress "the most corrupt" in history on Sunday,

-snip-

***

and yet, he let this go past us!!

aaaarrgh....

thank you, sfexpat2000! for all you do!


peace and solidarity!
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 01:47 PM
Response to Original message
11. Kick
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 02:35 PM
Response to Original message
13. kick
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Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 02:40 PM
Response to Original message
14. They will get their torture bill and then some.
The BFEE created the 'war on terror' to make a few zillion dollars off poor suckers like me and you. Now they will be able to torture us, for every penny. Scary, scary shit!
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 04:29 PM
Response to Reply #14
15. yes! it is very scary shit! who could have imagined?! we were
growing up!

alas

thank you, Rex.


peace and solidarity
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 04:59 PM
Response to Original message
16. kick
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many a good man Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 05:40 PM
Response to Original message
17. Sen Carl Levin D-MI ???
I find it impossible to believe he would co-sponsor such a heinous piece of legislation. I need more convincing!

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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 06:43 PM
Response to Reply #17
19. it's named for him. please do read all about it. it passed.
it was changed on him. he was disturbed about that, but not enough to stop it, and not enough to warn us to stop it.

consider please, that ALL the dems took part in this one, not just levin. all in whom we have put any hope.


peace
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 05:41 PM
Response to Original message
18. kick
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 06:50 PM
Response to Reply #18
20. i'm sorry to say, you were correct about this, sfexpat2000.
Edited on Sat Dec-24-05 06:53 PM by nofurylike
as were some others here at DU. it had passed, sent back to the senate to be sent to * at 8:30pm on thursday night, after the House show we watched that day.

see posts #s 24, 26, 27, and 28 says it all:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x2331932


alas

unbelievable the betrayal by ALL dems

i am now off to :puke:

and weep

thank you for fighting so hard, and for all you do


peace and solidarity

* edit to fix link
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-27-05 08:38 PM
Response to Original message
21. This is an outrage - yet it has been done in secret and the headlines
rave about "banning torture." That's a lie. Bush and Cheney agreed to the "anti-torture" legislation because it has been gutted by this Administration-sponsored admendment.

So we have the reality of Congress explicitly allowing torture-derived "evidence" against prisoners, who can be held for up to 10 years without any oversight at all. And more.

This is horrible. But it has happened with the full connivance of the Press and the "bipartisan" congress, which did not speak out in public about what was really happening.

Welcome to the 4th Reich.

Meanwhile, the nation's public is encouraged to care about the latest Hollywood gossip.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-30-05 03:51 PM
Response to Original message
22. ***Article in The Nation tells WHAT'S NEXT after passage of the Graham-
Levin-Kyl amendment allowing evidence obtained by torture and much more:

http://www.thenation.com/doc/20060109/brecher
article | posted December 21, 2005 (web only)

Fixing the Torture Fix


Jeremy Brecher & Brendan Smith

Congress passed just before Christmas legislation allowing evidence obtained by torture to be used against Guantánamo captives and denying them the right to habeas corpus--the right to make the government justify their captivity before a court. Christopher Anders of the American Civil Liberties Union calls these provisions "horrific precedents" that are "counterproductive and against the rule of law." Michael Ratner, head of the Center for Constitutional Rights, calls it "a legal, political and moral outrage" and "the worst thing to happen legislatively in my history as a civil rights litigator."

This assault on the most venerable and universal of legal principles is attached to the same legislation as Senator John McCain's anti-torture measure. But it provides a legal incentive to torture and blocks the main vehicle that federal courts and human rights advocates have used to uncover and challenge prisoner abuse at Guantánamo.

This language fulfills one clear purpose: to prevent courts from hearing evidence of torture, abuse and unlawful activity. What it protects is not the security of Americans against terrorism but the security of high government officials against prosecution for violation of the Anti-Torture and War Crimes Acts.

But in today's climate of growing resistance to the abuse of presidential power--evidenced by the blocking of Patriot Act renewal, the firestorm of outrage at NSA domestic spying and the McCain anti-torture amendment itself--the Bush Administration's torture cover-up may be short-lived. Human rights groups and members of Congress are already gearing up for the next round.

(snip - much more)


A must-read. The infamous passage of the Graham-Levin-Kyl outrage is NOT the end.
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tx_dem41 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-30-05 04:04 PM
Response to Original message
23. So, Carl Levin is pro-torture?
Color me skeptical.
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