Military Commissions Act

Last week the Senate passed the Military Commissions Act. In the wake of its passage, what outraged me most were the democrats who voted in favor of the bill. In Michigan, Senator Debbie Stabenow voted in favor of the bill which prompted me to write the following letter. In addition to the letter to Stabenow I sent a letter of thanks to Senator Carl Levin for his efforts to amend the bill and his vote against this disasterous legislation. The Representative Mike Rogers, of Michigan’s 8th District, received a letter similar to the one below, but his vote has always been to support torture and his responses tend to be little more than vague propaganda. I won’t be posting Rep. Rogers response but I am anxious to hear from Senator Stabenow and as the letter mentions, her response will be posted to this blog.




Senator Stabenow,


I am writing to express my outrage with your vote on the Military Commissions Act. In my understanding, the bill you voted in favor of does the following things:



* Grants unprecedented and unchecked authority to the Executive Branch to label as "unlawful enemy combatants" and detain an overly broad range of people, including U.S. citizens and legal permanent residents inside the United States

* Denies any independent judicial review of these detentions

* Seeks to eliminate accountability for past violations of the law

* Permits evidence obtained through coercion

* Permits secret evidence which defendants will never see


My question to you is as follows: Do you honestly believe that the status quo of Bush Administration condoned torture and removing the right of habeas corpus was necessary to "protect" the American people?


Habeas corpus was granted to the worst Nazis after World War II and by affording them due process (despite the horrific nature of their crimes), our civilization proved itself just. There is no justice in this bill. Without the right of habeas corpus, those who may be wrongly detained have no hope of proving their innocence. To assume that detention occurs without error discards any pretense of innocence until proven guilty, a bedrock of the US Constitution.


The US Supreme Court has also ruled opposite of your vote. The recent Hamdan vs. Rumsfeld defined the special military commissions outlined in this bill as illegal according to both military justice law and the Geneva Conventions. This Supreme Court ruling reaffirms the legal right of habeas corpus for enemy combatants.


Furthermore, intelligence gathered through torture is widely recognized as flawed and dangerously misleading. How is such a flawed and misleading source of intelligence “one of America's most potent tools in fighting the war on terror” as President Bush has recently claimed? Torture (or coercive interrogations as supporters of torture prefer) does not produce intelligence of value and should never be used as the foundation of the war on terror. Rather, it proves to radicalize its victims while what ever information being sought is confirmed. Not confirmed because it is true but simply because anything will be said to stop the pain. There is no protection for America in this bill, only continued injustice and radicalization.


I believe that your vote is purely political and challenge you to present your reasoning for voting in favor of this disastrous bill. I have voted for you in previous elections but now feel that you have taken my vote for granted. You have sold out your progressive supporters and folded under the pressure of Republican threats to brand Democrats as terrorist enablers. History will not remember the Republican cheap shots and debate stifling but it will remember this bill and your vote along with it. You have bet on the fact that historically Democratic voters will continue to vote for the lesser of two evils.


Previous to your support for the Military Commissions Act I was certain to vote for your candidacy. I now find myself as an undecided voter, a category which has been rare in my life. My vote, will depend on the response to my challenge. My challenge to you is to present your logical and moral reasoning for voting in favor of the Military Commissions Act. I would be particularly interested in any intention you may have in reforming the bill during a future term as a Senator.


The content of this letter will be posted to a public BLOG, where your response will also be posted. This is an opportunity to explain your vote and your plans for future action about this issue. I look forward to hearing from you.


Sincerely, an undecided voter,


Erik Nelsestuen

Posted at Wednesday, October 04, 2006
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