Forty-six Democrats (
34
Representatives
and
12
Senators) voted for the
Torture
Bill (.pdf). Among them, both of my democratic
representatives. Yes, like some of you, I took a double
hit. I waited to write this because I could not trust myself to
be rational or coherent. I have stopped throwing things, so I
guess that's progress. Like many of you, I am struggling with
righteous anger, frustration and despair. I am, to borrow a
phrase, hand-wringing.
Kos, annoyed by that very thing, made the
point
a few days ago that this is a long-term movement and requires long-term
commitment. The sentiment that we must get over it, hold our
noses and vote a straight Democratic ticket in November has been echoed
throughout this site. We are, after all, here to build the
Democratic Party and regain a majority in Congress. We are all
about electing Democrats. In most any other context, I would
agree. But not this time. My tent is not so big.
I am not a single issue voter. I understand that not all
Democrats support the same causes that I do, and that not all Democrats
prioritize the issues as I do. I worked to elect both of my
Democratic representatives who voted for the Torture Bill. I did
so knowing that they did not fully represent my agenda. I
defended them, and convinced others to support them as well. And
when they took the Republican-lite position and crossed the aisle on
numerous occasions, I may have cringed, I may have objected loudly, but
I did not cut and run from the Party. I live, for the most part,
in the reality-based world and I accept the necessities of realpolitik.
But supporting the Torture Bill is different. It is far worse
than anything the Vichy Dems have yet done. Orders of magnitude
worse. The Torture Bill is not some domestic policy issue. It is not akin to a partisan dispute over the bankruptcy bill, or stem
cell research, or tariffs, or even (gasp!) abortion. It is not on
par with a dispute over the appointment of a Supreme Court
Justice. No. The Torture Bill was a referendum on the most
basic of human rights, and the most basic of American values, for if
freedom means anything, is must mean freedom from physical coercion,
and there is no more basic American value than the rule of law. Our Country was founded upon it.
Let's review:
Common Article 3
of the Geneva Conventions spells out the
minimum standard for treatment that
will be provided to all detainees held by the U.S. under any
circumstances. It prohibits:
(1) ... (a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture; (b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and
degrading treatment; (d) the passing of sentences and the carrying out
of executions without previous judgment pronounced by a regularly
constituted court affording all the judicial guarantees which are
recognized as indispensable by civilized peoples.
The U.S. has signed and ratified the Geneva Conventions. Under the express terms of our
Constitution,
they are the Supreme Law of the Land - on par with the Constitution
itself. Until Thursday,
any
violation of Common Article 3 was a violation of the
U.S.
War Crimes Act. Today, only those violations which constitute
"grave breaches" are prohibited by the Torture Bill. What is no longer prohibited are "outrages upon personal dignity, in particular, humiliating and degrading treatment."
Bush
calls such outrages "alternative interrogation methods."
Yes, torture is considered a "grave breach," and it is still a war crime. However, the determination of whether torture, or a mere outrage upon personal dignity, has occurred, is left to the discretion of the President. If he violates the law and authorizes torture, whether mistakenly or intentionally, there is no judicial remedy, no means to challenge his actions. In other words, the Torture Bill
gives Bush a free hand. It is a blank check with no
accountability, but it provides convenient political cover.
We know Bush, don't we? We know about rendition, secret prisons and illegal wiretapping. We saw the pictures from Abu Graib. We know about Mahar Arar, Padilla and Hamdan. We know what Bush has done and will do. We KNOW what a vote in favor of the Torture Bill authorizes. Regardless of the pretty language that Congress hides behind, passage of the Torture Bill is nothing less
than an authorization of torture without fear of reprisal.
Congress knows it too. Some Representatives and Senators even said it out loud, on the floor of Congress. Yet the majority, including 46 Democrats, knowingly voted in favor of the Bill.
It is painfully true, as
Hunter
so eloquently described, that this Administration has done and continues to do worse than torture. But here's the kicker - On the issue of torture, we had the opportunity to say "No." We had the opportunity to stand up for the most basic of human rights and the most basic of American values. We had the opportunity to claim the moral high ground. Instead, our elected representatives passed the Torture Bill, and 46 Democrats made it a bi-partisan statement to the rest of the world that America condones Bush's actions. Bush now tortures, not as a rogue President, but with
the approval and complicity of the American people. Torture is now conducted in our name. It's official.
Each and every member of Congress who voted in favor of this bill did so after having taken an
oath
to support and defend the Constitution against all enemies, both
foreign and domestic. In voting to authorize torture and
circumvent the Geneva Conventions, to substitute Presidential discretion for the rule of law, and to deny any and all judicial remedies, including the "Great Writ," these members of Congress violated their oaths of office. They stepped away from the most basic concept of what it means to be an American, and they knowingly engaged in a conspiracy to overthrow the U.S. Constitution and the rule
of law. Let's call it what it is. It is treason.
Need an example? Here is Senator Salazar's
justification
for his vote:
The bill I voted for today was the
best bill we could reasonably expect in this highly charged political environment. I am relieved that Senators McCain, Warner and Graham,former Secretary of State Collin Powell, and others helped preserve the fundamentals articulated in the Geneva Convention; a cornerstone to preserving America's moral high ground in the global efforts against terror.
Due to the many controversial and far-reaching implications of this bill, I believe it would be appropriate to force Congressional review of this bill in five years. I have concerns with this bill, but on balance it meets my personal view of what America needs to get the job done.
Huh? He voted to overturn the rule of law and authorize torture because it was the best he could expect? He's relieved that they preserved part of the cornerstone reserving America's moral high ground? He has concerns, but his personal view is that America needs to be able to torture with impunity to get the job done? Senator, sometimes you really need to just say NO.
Is the Big Tent so large that it will harbor traitors of this magnitude? I would hope not. But it has been four days now. I checked the
DNC's website
. . . Dean has been curiously silent.
Reid? . . . .more crickets.
Pelosi? . . . . nothing but crickets. No public criticism, no attempt to strip the 46 Dems of their committee positions, no call to halt financial support. No hint that State recall petitions might be appropriate. My Google efforts failed to turn up so much as a gentle reprimand. I applaud the majority of Dems (and, yes, those few Republicans) who stood up and voted no on the Bill, but their refusal to hold their colleagues accountable is reprehensible.
When Democrats vote against basic human rights and basic American values, they need to be excommunicated. How can we fight to hold Republicans accountable, and then fail to hold our own to the same standard? If the Democratic Party cannot or will not hold these 46 accountable, it risks the loss of more than just me. It risks its integrity, its soul, and ultimately, its very existence. Let us not forget that the members of Congress and the political parties to which they belong, exist to serve We the People, not vice versa.
The argument has been made that the Torture Bill was nothing more than a Rovian ploy for driving people away from the Democratic Party. Perhaps that's true. If so, it's working. The antidote is simple. The Party needs to step up and publicly condemn those of its members that would support overthrowing the Constitution and bringing
dishonor to us all. Stand up and support the Democratic agenda. Lead.
Bring some grassroots pressure to bear on the
Party, and it will likely respond. How many times have you heard the complaint that the Democratic Party doesn't stand for anything? Here's our chance. . . . it is truly an opportunity.
Americans Don't Support Torture . . . by any name.