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Today all ten Democrats on the Senate Committee on the
Judiciary, but disgustingly none of the nine Republicans, signed a letter to
Attorney General nominee Michael Mukasey demanding that he clearly state if he
believes waterboarding is illegal. The letter cited numerous sources, including
the Military and State Department, stating that waterboarding is, and always has
been, a barbaric form of torture. The only clarification Mukasey gave during his confirmation
hearing was to say that "if it amounts to torture, it is not
constitutional." And that is probably all he will say. Mukasey was clear about
why he won’t clarify his stance on the legality of waterboarding or other forms
of torture, such as mock execution and sexual humiliation.
There are people who are using
coercive techniques and who are being authorized to use coercive techniques.
Coercive techniques are torture. The people who are using torture
are CIA officers and those authorizing torture include the President, Vice President
and lawyers in the Justice Department Mukasey hopes to lead.
People in the US government are committing and
authorizing torture, terrible crimes against humanity, and Mukasey does not
want them to go to jail. In his own words, labeling waterboarding as torture
“is going to put their careers or freedom at risk.”
The Military Commissions Act of 2006, one of the last acts
of the Republican congress, is what created the insane legal framework where torture
can not be prosecuted unless the executive branch labels it torture. Mukasey
understands this well; to label what is happening as torture would destroy the
legal immunity that the Military Commissions Act created.
Stopping Mukasey’s confirmation is important, and let’s hope
the Democrats finally take a stand. But repealing the Miltary Commissions Act
is the only way to end the culture of torture and impunity.
Subjects:
Immunity |
Justice Department
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