Posted by Orin Kerr:
Lederman on New Anti-Torture Provision:
http://volokh.com/archives/archive_2005_05_08-2005_05_14.shtml#1115826784
The [1]New York Times reports:
Congress barred the government on Tuesday from using any money in
a newly passed emergency spending bill to subject anyone in
American custody to torture or "cruel, inhuman or degrading
treatment" that is forbidden by the Constitution.
Proponents said the little-noticed provision, in an $82 billion
bill devoted mostly to financing military operations in Iraq and
Afghanistan, amounted to a significant strengthening of current
policies and practices in the treatment of prisoners.
Over at [2]Balkinization, Marty Lederman takes a look and reaches a
somewhat different conclusion:
Unfortunately, this new measure is not what it seems. It is
extremely well-intentioned, and it might "send a signal" of sorts
-- but it does not remove the loophole that permits the CIA to
engage in conscience-shocking treatment of aliens overseas, which
is no doubt why the Administration is more than happy to have the
President sign it.
References
1.
http://www.nytimes.com/2005/05/11/politics/11torture.html?ex=1273464000&en=7e63348bee45f26e&ei=5088&partner=rssnyt&emc=r
2.
http://balkin.blogspot.com/2005/05/has-congress-prohibited-torture-light.html
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