Saturday, September 23, 2006

The Death of the Republic

Balkin:

"Here is the latest version of the Military Commission Bill, including all of the compromises agreed to by the Administration and Senators McCain, Graham, and Warner. The worst parts begin on p. 81, eliminating the writ of habeas corpus, denying anyone the right to invoke rights guaranteed by Geneva in judicial actions, prohibiting the use of any foreign sources in construing the meaning of the Geneva Conventions, proclaiming that the President is the authoritative source of the meaning of Geneva with respect to the War Crimes statute, amending the War Crimes statute with language that allows the President to continue to engage in torture-lite (after all, he is now the authoritative source of its meaning), and finally, making all these amendments retroactive to November 26th, 1997 (i.e., well before September 11th, 2001. I wonder what led to this particular change?)"