Many
people around the world believe that the United States does not anymore
live by Benjamin Franklin's famous principle "They who would
give up an essential liberty for temporary security, deserve neither
liberty or security." And it is indeed of concern that a federal
appeals court panel ruled in September that the president has the
authority to indefinitely detain a U.S. citizen without charge as an
enemy combatant, as the Washington
Times reports. (The Supreme Court will probably have the
final word.)
However, the US Senate, an army captain and a US District judge have
recently made courageous decisions in support of Benjamin Franklin's
principle regarding the interrogation of detainees and the release of
unpublished Abu Ghraib pictures. MSNBC
informs us that
The
Republican-controlled Senate voted Wednesday
to impose restrictions on the treatment of terrorism suspects,
delivering a rare wartime rebuke to President Bush. Defying the White
House, senators voted 90-9 to approve an amendment that would prohibit
the use of "cruel, inhuman or degrading treatment or punishment"
against anyone in U.S. government custody, regardless of where they are
held. (...) Bush administration officials say the legislation would
limit the president's authority and flexibility in war. But
lawmakers from each party have said Congress must provide U.S. troops
with clear standards for detaining, interrogating and prosecuting
terrorism suspects in light of allegations of mistreatment at
Guantanamo Bay and the abuse scandal at Abu Ghraib prison in Iraq. "We
demanded intelligence without ever clearly telling our troops what was
permitted and what was forbidden. And when things went wrong, we blamed
them and we punished them," said McCain, a prisoner of war in Vietnam.
Senator McCain (R-Ariz), who proposed the amendment, cited a letter he
received from Army Capt. Ian Fishback. The
Washington Post published his entire letter, which includes
these quotes:
Despite my
efforts, I have been unable to get clear, consistent answers from my
leadership about what constitutes lawful and humane treatment of
detainees. I am certain that this confusion contributed to a wide range
of abuses including death threats, beatings, broken bones, murder,
exposure to elements, extreme forced physical exertion, hostage-taking,
stripping, sleep deprivation and degrading treatment. I and troops
under my command witnessed some of these abuses in both Afghanistan and
Iraq. (...)
Some
argue that since our actions are not as
horrifying as Al Qaeda's, we should not be concerned. When did Al Qaeda
become any type of standard by which we measure the morality of the
United States? We are America, and our actions should be held to a
higher standard, the ideals expressed in documents such as the
Declaration of Independence and the Constitution. (...) Do we sacrifice
our ideals in order to preserve security? Terrorism inspires fear and
suppresses ideals like freedom and individual rights. Overcoming the
fear posed by terrorist threats is a tremendous test of our courage.
Will we confront danger and adversity in order to preserve our ideals,
or will our courage and commitment to individual rights wither at the
prospect of sacrifice? My response is simple. If we abandon our ideals
in the face of adversity and aggression, then those ideals were never
really in our possession. I would rather die fighting than give up even
the smallest part of the idea that is "America."
Similarly, US District Judge Alvin K. Hellerstein defended US ideals at
the expense of US security by ordering the release of unpublished Abu
Ghraib photos. The
Boston Globe writes:
Gen.
Richard B. Myers, chairman of the Joint
Chiefs of Staff, had argued in court papers that releasing the
photographs would aid al-Qaida recruitment, weaken the Afghan and Iraqi
governments and incite riots against American troops. But the judge
said: "My task is not to defer to our worst fears, but to interpret and
apply the law, in this case, the Freedom of Information Act, which
advances values important to our society, transparency and
accountability in government." (...) An appeal of Hellerstein's ruling
is expected, which could delay release of the pictures for months.