Penjihad's Blog

"To comfort the afflicted and afflict the comfortable"

Supreme Court: Torture is Fine

The “Land of the Free and the Home of the Brave” is fast spiraling down where it is less brave and even less free each day…and each day, the chapters of our history become darker and darker.
I used to believe that Obama would be like a breath of fresh air and he would start to process towards a freer society, instead of the deep hole where we had been consigned to; a place where terrorism by the US was okay, where persecution of a specific class of people (Muslims) was not only okay, it was the primary goal.
I used to believe that torture, and the butchery we conducted in Iraq, Afghanistan, Ethiopia and Somalia would now become events that we could openly condemn as we evolved to a higher level of humanity in this country.
Somebody must have slipped me some hallucinogenic drugs!
Our wars have become more brutal and they have expanded as the blood in Slaughterhouse America rises from knee-deep, to waist-deep. During the reign of King George the Worst, torture was okay and extraordinary rendition was blessed; to be sure, our rhetoric has changed, but our actions have degenerated instead of improving.
During the reign of King George the Worst, a Canadian citizen was stopped as he was at NY airport to change flights in his trip from Canada. The US authorities held him for a few days during which the Canadians did nothing to obtain his release, in fact, the Canadians supported his export (“Extraordinary Rendition”) to the place of his birth, Syria where he was tortured by the Syrians and asked questions prepared by the US for a whole year. At the end of the period, even the Syrians, who have little need for excuses to hold or to torture people, decided he was innocent and had absolutely no connections with terrorism; to the embarrassment of the Canadians, Maher Arar was released.
Arar sued the Canadian government and was given an apology and CN$10.5 million as compensation.
Arar then came to the US and sued the US government for his detention and for being sent to a country where the US knew he would be tortured and that was the US plan.
You would think his action would fare better or as well as it did in Canada. Well, think again.
Citing “national security”, Acting Solicitor General Neal Katyal told the Supreme Court to dismiss the case…this is the same Neal Katyal, who was a law professor when he successfully represented Osama Bin Laden’s driver, telling the Senate Armed Services Committee in 2006, “We are a land of justice and fairness, and with a system that is strong enough to handle even the most extraordinary of challenges,”.
The US Supreme Court, being on the heavy side with closet-Nazis (John Roberts, Sam Alito, Antonin Scalia, David Souter and Clarence Thomas), decided it would allow the lower court’s decision to stand and not review the case at all. The Christian Science Monitor reports (high-lighting by me):
  • In denying review of Arar’s case, the high court lets stand a 7 to 4 ruling by the full Second US Circuit Court of Appeals in New York. That court found that because of “special factors” involving national security, Arar’s lawsuit should be dismissed. It also ruled that the Torture Victim Protection Act did not authorize lawsuits against US officials who were acting under US law on American soil.
I fail to see what the “special factors” were or, how “National Security” can be cited in the export for torture of ANY person, let alone an innocent one. I also fail to see what laws were being used when the Administration decided to export a “suspect” for torture or, how the agency sending Arar for torture “could not have known that he would be tortured” or, upon finding out that he was being tortured, would then participate with the criminal nation, in the questioning of the victim.
I know now, better than ever, that the rest of us are just as vulnerable as Arar. I am leaving the country for a month, during which I will be travelling through Pakistan and my wife keeps saying how she will be worried while I am gone. I do not have the heart to tell her that I am absolutely not afraid of travel in Pakistan; it the return to the US that worries the hell out of me.
Obama, what are you doing?!!!

June 14, 2010 - Posted by | Uncategorized | , , , , , , , , , , , , , , , , , , , , ,

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