Restoring America's Honor
Posted by Morton H. Halperin
As I write, the current session of the United States Congress is nearing its end. Congress is never at its best when it seeks to draft complicated legislation as it races for the door. Now it is close to banning torture and other cruel and inhuman treatment -- as it should. But at the same time it is close to limiting access to the courts to enforce this rule -- which it should not do.
Of the many issues in play in these last days none is more consequential for our own democracy, and for our ability to influence Iraqi and other behavior, than the debate over the Graham-Levin provisions seeking to limit the right of judicial review for those held in Guantanamo. This provision was written on the Senate floor without benefit of hearings and is now being rewritten in secret by conferees with little knowledge or understanding of what is at stake. This provision would undercut the intent of the McCain amendment banning torture, which this administration has now accepted. As Senate Judiciary Chairman Arlen Specter has urged, the provision should be stripped from the Defense Authorization bill now in conference and sent to the Judiciary Committee for hearings.