CIA EXEMPTION FROM TORTURE BAN

I am ashamed to say that, having little faith in the news media, I only learned yesterday about the failure of the attempt of Congress to finally make the McCain Amendment outlawing cruel and degrading treatment of detainees in the so-called "War on Terror" apply to the CIA as well. The agency was exempted from the original ban, but it appears that last month, our Democratic Congress finally got up enough votes to force the CIA to comply with the ban. Predictably, President Bush vetoed this legislation, and Congress was unable to override his veto. The Administration has come out publicly in favor of torture. As my own local newspaper, the San José Mercury-News, said in an editorial on March 13, "Had lawmakers succeeded, they would have raised America's standing among civlized nations." And that standing badly needs to be raised, for America is fast sliding into ignominy as one of the most notorious abusers of human rights in history, not excepting the Nazis and the Soviets under Stalin. I am surprised that Congress finally (if belatedly)found the moral backbone to take a stand on this issue, but not surprised that John McCain, who originally authored the amendment banning cruel and degrading treatment and is now running for president, has refused to stand by his original position. After all, the Powers that Be have to be appeased if one wants the figurehead position of President, and those Powers include above all the very agency which has been exempted.

Now the big question is, with our government giving its approval to such barbarism, is it right for six inmates of Guantánamo to be put on trial for their lives using evidence obtained this way? And if we are to try them, should we not also try the leaders of an Agency which the Center for Constitutional Rights says has acted "criminally, shamefully and dangerously"? Since December 5, the US Supreme Court has been considering an appeal which would enable it to strike down the Military Commissions Act of 2006 as unconstitutional. As CCR says, "the verdict is expected this spring." Today is the first day of spring. Let us hope that the Court will act to prevent this show trial before six men lose their lives as a result of phony "confessions" which have been tortured out of them. If it does not, then despite the efforts of Congress to do something to make the ban on torture absolute, our entire government will have put itself beyond the pale of civilization.