The Daily Sandwich

"We have to learn the lesson that intellectual honesty is fundamental for everything we cherish." -Sir Karl Popper

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Location: Boston, Massachusetts, United States

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Tuesday, November 28, 2006

How I learned to stop worrying and love being disappeared.

Jeffrey Toobin has an interesting piece in the latest New Yorker that covers a whole lot of ground-- ostensibly, it's a look at the revocation of habeas corpus before the election, long since vanished from the news.

The law, known as the Military Commissions Act of 2006, was a logical culmination of an era of one-party rule in Washington. During the Presidency of George W. Bush, the executive branch, with the eager acquiescence of its Republican allies in Congress, has essentially dared the courts to defend the rights of the suspected Al Qaeda terrorists, who have been held at Guantánamo, some for as long as four years. The Supreme Court has twice taken up that challenge and forced the Administration to change tactics; the new law represented a final attempt to remove the detainees from the purview of the Court. Now, of course, Republicans no longer control Congress, but the change in the law of habeas corpus may be permanent.

But the article also looks at Senator Arlen Specter's role in the process, and by extension the political climate of the Republican state. And it ain't pretty.

Specter’s own beliefs appear to have changed little over the years, but he has been forced to work in an environment in which the Republican Party, especially in Congress, has imposed ever-tighter discipline. “When Lyndon Johnson became Vice-President, he wasn’t welcome at Senate Democratic caucus meetings anymore, because it was for senators only,” Patrick Leahy, the ranking Democrat on the Judiciary Committee, told me. “But every Tuesday since Bush has been President it’s been like a Mafia funeral around here. There are, like, fifteen cars with lights and sirens, and Cheney and Karl Rove come to the Republican caucus meetings and tell those guys what to do. It’s all ‘Yes, sir, yes, sir.’ I bet there is not a lot of dissent that goes on in that room. In thirty-two years in the Senate, I have never seen a Congress roll over and play dead like this one.”