August 1 , 2008

Mukasey’s Plan: New Declaration of War; Torture Cover-up.

	Watch Colbert's reaction to the recent release of new torture documents. Then, share with your friends. Unfortunately, the Bush administration's latest power grab is no laughing matter. Take Action.

On July 21st, Bush’s Attorney General, Michael Mukasey, called on Congress to take dramatic steps to subvert the Constitution. Mukasey asked that Congress issue a new declaration of war that would make the entire globe -- including the United States itself -- a “battlefield” where the president decides who will be locked up forever.

The Bush/Mukasey plan also includes a congressionally-approved subversion of the Constitution and a cover-up of the Bush administration’s systemic torture and abuse of detainees.

At the same time, an ACLU lawsuit has uncovered new evidence that the torture and abuse Mukasey wants Congress to cover up was authorized by -- you guessed it -- the Justice Department. One of the documents obtained by the ACLU is a redacted version of a previously undisclosed 2002 Justice Department opinion that authorizes the CIA to use specific interrogation methods, including waterboarding. The memo states that interrogation methods that cause severe mental pain do not amount to torture under U.S. law unless they cause "harm lasting months or even years after the acts were inflicted upon the prisoners."

This document and others released from ACLU lawsuits add to a substantial body of evidence that the Justice Department authorized the CIA to torture prisoners in its custody.

The Justice Department twisted the law -- and in some cases ignored it altogether -- in order to permit interrogators to use barbaric methods that the U.S. once prosecuted as war crimes.

Now, Mukasey -- as head of the Justice Department -- wants Congress to cover up torture committed under the watch of his predecessor, Attorney General Alberto Gonzales.

It is so outrageous that it seems like a joke or something out of "The Onion." Even The Colbert Report on Comedy Central lampooned the administration’s attempts to cover up torture. Unfortunately, this latest power grab by the Bush administration is no laughing matter.

Don’t let Mukasey cover up torture and subvert the Constitution.

>>Take Action: Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution.


ACLU At Guantánamo for First Military Commission Trial This Week

With the military commission trial of Yemeni national Salim Ahmed Hamdan underway this week, the inherent flaws of the Military Commissions system continue to be apparent. The ACLU has been at Guantánamo Bay observing the proceedings which began on Monday. The Hamdan trial is the first military commission trial to take place since the Bush administration set up the notorious detention camp as a way to bypass the U.S. justice system.

"As the first trial in the administration's military commissions, the Hamdan case will test the limits of a deeply flawed and unconstitutional system," said Ben Wizner, a staff attorney with the ACLU National Security Project who is observing the trial. "At every step of the way it has become painfully clear that these ad hoc tribunals are no substitute for American civilian and military courts where the Constitution still means something. Let's end this farce and make a fresh start in a system that reflects our nation's core values."

As further proof that the commission system is fundamentally flawed, the military judge in Hamdan's case already had to remove some evidence obtained through "highly coercive environments and conditions" but did not categorically disallow all evidence derived by torture. Contrary to the rules of the American justice system, the Guantánamo military commissions also permit secret and hearsay evidence.

In 2006's Hamdan v. Rumsfeld, Hamdan won a landmark Supreme Court victory that struck down the Bush administration's original commissions as unconstitutional and inconsistent with the Geneva Conventions. However, Congress later passed and President Bush signed into law the Military Commissions Act of 2006 authorizing a modified system of military tribunals that grants the government the authority to prosecute detainees without many of the constitutional protections required by U.S. civilian courts and traditional military courts governed by the Uniform Code of Military Justice.

Following last month's Supreme Court decision ruling that the Constitution and habeas corpus apply at Guantánamo, news outlets have reported that the Bush administration is engaging in detailed planning for the closure of the detention camp. As the premise for the existence of the Guantánamo prison camp and the military commission system continues to crumble, the Bush administration is to rushing through proceedings of high profile detainees before the November election. The ACLU renews its call for the prison and the military commissions there to be shut down once and for all.

>> Read ACLU Attorney Ben Wizner’s Blog post on the Hamdan hearing.

>> Take Action: Tell America's leaders to shut down Guantánamo Bay and end the military commission system of injustice by adding your name to the petition.

Fusion Centers Part of Incipient Domestic Intelligence System

The nation’s growing network of “fusion centers” is part of an incipient domestic intelligence system, according to the ACLU. The ACLU released a report detailing spying on Maryland peace demonstrators, a mysterious domestic-spying scandal at a California military base and other recent incidents, confirming that its warnings about fusion centers were coming true.

In November 2007, the ACLU released a report, “What’s Wrong With Fusion Centers,” warning about the potential dangers of these new institutions, including ambiguous lines of authority, excessive secrecy, troubling private-sector and military roles, and an apparent bend toward collection of information about innocent activities and data mining. Our recent addendum to the report explains how new developments have only confirmed the urgency of these warnings.

“Congress and state officials need to learn more about fusion centers, engage in some very pointed inquiry about the effectiveness and the precise role of these centers, and at a minimum put in place strong checks and balances,” said Caroline Fredrickson, director of the ACLU Washington Legislative Office. “Too often, we’ve given our government new powers to fight terrorists, only to have them used against peace activists and other innocent Americans. This can’t be the future of law enforcement. Congress needs to end private-sector participation and military involvement in law enforcement. We need to learn from our mistakes, not repeat them.”