Bye-bye habeas corpus

Another post from Glenn Greenwald points out just how far the White House is going in their war on terror. Which is creeping ever closer to France's Reign of Terror.

Under the military commission legislation blessed by our Guardians of Liberty in the Senate -- such as John McCain and Lindsey Graham -- the U.S. military could move Hussein to Guantánamo tomorrow and keep him there for the rest of his life, and he would have absolutely no recourse of any kind. It does not need to bring him before a military commission (the military only has to do that if it wants to execute someone) and as long as it doesn't, he is blocked from seeking an order from a U.S. federal court to release him on the ground that he is completely innocent. As part of his permanent imprisonment, the military could even subject him to torture and he would have no legal recourse whatsoever to contest his detention or his treatment. As Johns Hopkins professor Hilary Bok points out, even the use of the most extreme torture techniques that are criminalized will be immune from any real challenge, since only the government (rather than detainees) will be able to enforce such prohibitions.

Put another way, this bill would give the Bush administration the power to imprison people for their entire lives, literally, without so much as charging them with any wrongdoing or giving them any forum in which to contest the accusations against them. It thus vests in the administration the singularly most tyrannical power that exists -- namely, the power unilaterally to decree someone guilty of a crime and to condemn the accused to eternal imprisonment without having even to charge him with a crime, let alone defend the validity of those accusations. Just to look at one ramification, does one even need to debate whether this newly vested power of indefinite imprisonment would affect the willingness of foreign journalists to report on the activities of the Bush administration? Do Americans really want our government to have this power?

The changes that the administration reportedly secured over the weekend for this "compromise" legislation make an already dangerous bill much worse. Specifically, the changes expand the definition of who can be declared an "enemy combatant" (and therefore permanently detained and tortured) from someone who has "engaged in hostilities against the United States" (meaning actually participated in war on a battlefield) to someone who has merely "purposefully and materially supported hostilities against the United States."

I guess the rub is that no matter the definition, it doesn't have to be proven.