Saturday, August 23, 2008

Does he want a trial or not?

As far back as December 2003, John McCain made it very clear that those imprisoned in Guantanamo Bay had been held without trial for too long and decisions about their future needed to be made now:

Yet, we firmly believe it is now time to make a decision on how the United States will move forward regarding the detainees, and to take that important next step. A serious process must be established in the very near term either to formally treat and process the detainees as war criminals or to return them to their countries for appropriate judicial action.
Later that month he repeated that position:

They may not have any rights under the Geneva Conventions as far as I’m concerned, but they have rights under various human rights declarations. And one of them is the right not to be detained indefinitely.

In 2005, nothing had happened and so he used even stronger terms

Now, I know that some of these guys [at Guantanamo] are terrible, terrible killers and the worst kind of scum of humanity. But, one, they deserve to have some adjudication of their cases. And there’s a fear that if you release them that they’ll go back and fight again against us. And that may have already happened. But balance that against what it’s doing to our reputation throughout the world and whether it’s enhancing recruiting for people to join al-Qaeda and other organizations and want to do bad things to the United States of America. I think, on balance, the argument has got to be — the weight of evidence has got to be that we’ve got to adjudicate these people’s cases, and that means that if it means releasing some of them, you’ll have to release them.
Look, even Adolf Eichmann got a trial.

And by 2006, he really felt something needed to be done:

Sen. John McCain, R-Ariz., agreed that the U.S. should ensure that no prisoner at Guantanamo is subjected to torture. But, he said, closing the prison is premature without a legal resolution to the prisoners’ cases.
“I don’t think they deserve a fair jury trial, but there should be some sort of adjudication” to decide whether detainees are held for life, executed or released rather than held indefinitely, McCain said.

In 2008, with five years gone by since McCain first got upset and only a single detainee receiving a verdict, the Supreme Court stated that that adjudication needed to happen. On the day it happened, McCain found issues with the outcome but seemed to accept it:

These are unlawful combatants, they are not American citizens and I think we should pay attention to Justice Roberts' opinion in this decision," McCain said, referring to the chief justice's dissent. "But it is a decision that the Supreme Court has made. Now we need to move forward. As you know I always favored closing Guantanamo Bay and I still think we ought to do that."

But then the very next day, he changed his mind about moving forward and brutally attacked that same decision:

The United States Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country. Senator Graham, and Senator Lieberman, and I…made it very clear that these are enemy combatants, these are people who are not citizens. They do not and never have been given the rights that citizens of this country have.

And about those combatants, it turns out that McCain's much trumpeted anti-torture bill was worded in such a manner that it would not affect those held in Guantanamo Bay at all:

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture".
In court filings, the Justice Department lawyers argued that language in the law written by Sens. Lindsey O. Graham (R-S.C.) and Carl M. Levin (D-Mich.) gives Guantanamo Bay detainees access to the courts only to appeal their enemy combatant status determinations and convictions by military commissions.

"Unfortunately, I think the government's right; it's a correct reading of the law," said Tom Malinowski, Washington advocacy director for Human Rights Watch. "The law says you can't torture detainees at Guantanamo, but it also says you can't enforce that law in the courts."
And so the torture continues:

Bawazir's attorneys contend that "extremely painful" new tactics used by the government to force-feed him and end his hunger strike amount to torture.

No comments: