Not that there was ever any doubt that he would . Notice though that when he 
did so he said the law was proof this country was "patient and decent and 
fair." Wow, check out the disconnect from reality. America may be patient and 
decent and fair but you can't prove it by this legislation. It's also worth 
clicking the link just to see the smirk on the man's face.

Battles brewing on torture, detainees
Bush signs, hails rules; foes vow legal challenge
By Farah Stockman and Charlie Savage, Globe Staff  |  
October 18, 2006

WASHINGTON -- President Bush yesterday signed into law new rules on 
interrogating detainees and prosecuting suspected terrorists at Guantanamo Bay, 
calling the measure ``one of the most important pieces of legislation in the 
war on terror."

But as Bush and a group of key Republican senators hailed the compromise that 
led to the passage of the new rules last month, the American Civil Liberties 
Union called it ``one of the worst civil liberties measures ever enacted in 
American history." Groups of defense lawyers vowed to fight the new law in 
court, calling it ``blatantly unconstitutional" because it denies detainees the 
right to challenge their detention in court.

The lawyers' vows assure that the battle over the treatment and prosecution of 
detainees -- which consumed Congress for much of September and sparked a brief 
Republican rebellion against the administration -- will continue in courtrooms 
in the coming years, almost certainly finding its way to the Supreme Court.

The law bans US agents from inflicting severe physical or mental pain and using 
torture during interrogations. But it gives the White House wide latitude to 
define what constitutes torture and ``cruel treatment" under the Geneva 
Conventions, and it effectively grants legal amnesty to White House officials 
who authorized harsh techniques in the past to protect CIA agents who have 
reportedly used mock drownings, sleep deprivation, and hypothermia during 
interrogations .

The law also bars US courts from hearing any civil or criminal cases regarding 
a detainee's treatment while in US custody.

``This bill provides legal protections that ensure our military and 
intelligence personnel will not have to fear lawsuits filed by terrorists, 
simply for doing their jobs," Bush said, lauding the CIA interrogation program 
as a ``vital tool" that has thwarted numerous attacks. ``This program has been 
one of the most successful intelligence efforts in American history."

It is unclear whether the new law bans mock drownings and other such tactics. 
Senator John McCain of Arizona, a Republican and former Vietnam POW who 
spearheaded the effort to outlaw torture, said those tactics would be 
prohibited. But White House press secretary Tony Snow would not specify which 
methods would be allowed.

``The government will not tell you the precise questioning techniques, for the 
reasons that have been outlined many times before," he said. ``You do not want 
to give those who are apprehended, or terrorists, the ability to plan in 
advance for techniques that might be used."

In an unusual move, the Bush administration broke with its practice of issuing 
``signing statements," which Bush has repeatedly used to assert an expansive 
view of his own powers as commander in chief, and to ignore statutory limits if 
he decides that violating a law is necessary to protect national security.

Snow had said this week that Bush would not need to issue a signing statement 
for this law because Congress ``did a really good job" in drafting it. He joked 
that the White House wanted to ``frustrate [the media] because everybody has 
been waiting for one."

In the coming weeks, Snow said, the White House will publish in the Federal 
Register a broad interpretation of what acts constitute torture under the 
Geneva Conventions.

When it comes to the government's prosecution of detainees, the law sets up a 
new system of military trials, after the Supreme Court struck down the old one 
in June. The justices ruled that the tribunals Bush authorized to try the 
detainees had not been approved by Congress.

Months of wrangling ensued between Bush and key Senate Republicans who wanted 
the White House to explicitly ban torture and put limits on the use of evidence 
in detainee trials if the information was collected through coercion and 
torture.

Critics of the new law, however, contend that it denies justice for detainees 
because it cuts off access to federal courts. The vast majority of the 450 
detainees in Guantanamo, critics say, are not accused of terrorist acts and are 
unlikely to ever stand trial, and their only recourse had been to file 
petitions in federal court challenging their detentions.

 RELATED: Highlights of the new law governing interrogations of detainees  

The new law now blocks the court from hearing those petitions. Yesterday, the 
Department of Justice immediately sent a letter to a US appeals court in 
Washington announcing that the Guantanamo detainees no longer have access to 
the court.

Defense lawyers said they would appeal, arguing that the Constitution 
guarantees a detainee's right to challenge his or her detention in court, and 
that that right cannot be so easily denied by Congress.

``Even though that was Congress's intent, we completely don't buy the idea that 
you can do that," said Patrick Ehlers , a member of the Oregon public 
defender's office, which is representing seven Guantanamo Bay detainees. Ehlers 
predicted that it could take years before the Supreme Court settles the matter; 
in the meantime, he said, cases that his office has been working on for years 
would be halted and the detainees will continue to be held unjustly.

Ehlers said his office has collected witness statements from Afghanistan that 
he says would prove his clients' innocence in court, including videotaped 
testimony from an Afghan deputy minister that one client worked for on a 
legally recognized charity, not a terrorist group. ``Just as the president is 
signing a bill that closes the courthouse door, here are three cases of guys in 
the door that say, `We're innocent,' " he said.

Democrats yesterday criticized the new law.

``The administration initially tried to establish military commissions without 
congressional approval, but it failed to bring any detainee to justice in the 
five years since 9/11 and the commissions were struck down by the Supreme Court 
last term," Senator Edward M. Kennedy of Massachusetts said in a statement. 
``The administration's new scheme is likely to suffer the same fate, and 
Congress will have to pass further legislation to try to get it right."

Senator Patrick J. Leahy of Vermont, a ranking member of the Judiciary 
Committee, said Congress cannot strip away protections enshrined in the 
Constitution, no matter the circumstances. ``It is a sad day when the 
rubber-stamp Congress undercuts our freedoms," he said in a statement.

But Bush insisted that the law will help ``secure this country."

``It sends a clear message," he said. ``This nation is patient and decent and 
fair, and will never back down from the threats to our freedom."

© Copyright 2006 Globe Newspaper Company.


http://www.boston.com/news/nation/washington/articles/2006/10/18/battles_brewing_on_torture_detainees/?page=2

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