18 US Code 2340 — Exception to Torture
“Torture means an act of a person acting under color of law to inflict severe physical and mental pain other than pain and suffering to lawful sanctions upon another person under lawful physical custody or control.”
This statute combined with the Justice Department memos seeking to define ‘enhanced interrogation’ as legal sanction are the method by which the Bush administration violated the US Constitution through the approval of cruel and unusual punishment on military detainees as part of lawful sanctions.
Many who use the word ‘torture’ on both sides of the argument fail to recognize this statute in it’s existence. I do not. Those who committed acts of torture as defined by US Legal Code should face prosecution for their acts no matter if they belong to an agency of US origin or not. The Nuremberg Defense is invalid. If your commanding officer orders you to commit torture you are bound by law to resign rather than accept the orders.
The US Supreme Court has rejected the argument that holding military detainees indefinitely is constitutional, stating that habeas corpus (the right to speedy trial) must be granted to terrorism suspects.
The United States Constitution applies as to persons and not exclusively to citizens nor exclusively within our borders. Wherever America goes, the Constitution follows.
Ours was the nation that defined specifically waterboarding as torture to be banned by the Geneva Convention, we proposed that their were to be no exceptions under the law for this method of interrogation to be lawful sanction. This nation once stood against the tactics of the communists who oppress freedom of opinion with fear and propaganda. When politically expedient such a review of history is rejected for the failed logic of ’enhanced interrogation’ being successful and vital to national security. All available credible information on the matter says otherwise and the FBI has warned of a ’blow-back factor’ from using such tactics from the beginning.
Not only do tactics like waterboarding endanger national security but they degrade our ability to conduct ourselves as a credible nation to other nations whom engage in human rights violations and nuclear proliferation. We have no weight in our stance while we allow illegalities to go unpunished within our own government and our own military.
Now somehow in these dark days we have a portion of the country who believe in using the very tactics of the communists that we rallied against so many years ago in a new battle where following this ideology will undoubtedly lead to yet another terrorist attack on the homeland and further the goals of global terrorism abroad. I contend if we listen to the perspective of former Vice-President Richard Cheney on the matter that we will provoke the national security situation to an irreparable state.
Rusty Humphries is a disturbed individual. He sought to express to his audience today that for the first time since his wife passed away, a year ago, he felt as if tears would well up into his eyes. What caused him this moment of anguish and misery equal to the loss of a loved one? The images of recently released Guantanamo Bay terror suspects, referred to as “Uighurs,” to Bermuda.
One more radio pundit has lost his mind in the age of a return to American justice and the US Constitution being enacted under President Barack Obama. The partisan hate and ignorance of the fundamental values of American Democracy is disturbing and leads to only one conclusion: Rusty Humphries supports totalitarian-fascist policies for the U.S.
RUSTBUCKET: “These guys [Uighurs] had every intention of doing terrorist acts on China.”
One has to prove this in a court of law if you intend to detain any person. Innocent until proven guilty is a fundamental difference between American and Fascist Ideals.
RUSTBUCKET: “China has made it clear they will execute and make example of all terrorists.”
This is true. They are also a nation guilty of endless human rights atrocities. It is clear to me that this particular radio-jockey is a pro-fascist and anti-democratic pundit.
This is the U.S., not China.
Those who lose their country seek to protect the U.S. Constitution.
Those who love fascism seek to defend torture and detainment without trial.
His hatred for President Obama and all things American is so great, and so vastly partisan, that he continues to jeopardize and threaten the nation with his dangerous and unconstitutional rhetoric.
The CIA “enhanced interrogation” program being dismantled is a great weight and a seriously dangerous chapter of American History coming to a close, as does the proposed closure of Guantanamo Bay within one year’s time. President Barack Obama deserves commendation for these actions. He is showing a dedication to returning America to a nation more deserving of the title of “world super-power.”
Not only has the recent executive decisions under George W. Bush put our country in very real jeopardy in terms of possible blow-back from Guantanamo & Abu Ghraib but the fever of the nation to blame more than just nineteen hijackers for the tragedy of September 11th 2001 has lead to the jailing and detaining of individuals who would not be suffering such injustices under a more ethical and sane national government.
Jose Padilla received a travesty of American Justice in which the entire jury came into the courtroom wearing red, white and blue clothing among all twelve of the jury members. Even under request of the judge to be fair in their view of the evidence the jury remained favoring all prosecution arguments. I contend that the Bush Administration contributed to an environment to did not allow for Jose Padilla to receive a fair trial, and did so knowingly.