I Hate What You Just Said

Here’s hoping that congress and a future Obama administration may someday find the courage to discard one of the well-intentioned bad ideas to come out of the Clinton administration. This appeals court decision underscores the need for real change of policy:

BOSTON—A federal appeals court has upheld a lower court’s dismissal of a lawsuit filed by 12 gay and lesbian veterans who had challenged the military’s “don’t ask, don’t tell” policy.

The plaintiffs had all been discharged under the policy, instituted by Congress.

1st U.S. Circuit Court of Appeals Judge Jeffrey Howard said in the decision issued Monday that while some people may question the wisdom of the policy, the court had to defer to congressional decision making.

It was meant as a compromise, and a step in the right direction. But “don’t ask, don’t tell” is a slap in the face to all gay and lesbian service people and veterans, as well as a stubborn refusal to face reality.

As a fan of the television show Law and Order, I know that sometimes detectives Briscoe and Greene cross the line to obtain information or evidence for the prosecutor. One time, Jerry Orbach put a toothpick in a guy’s lock so that the perp couldn’t enter his house and destroy a video before the warrant was issued. In this instance, and in many others like it, the judge found the discovery “tainted” and threw the evidence out. Then Sam Waterson gets really pissed off and give us that poignant, I’m-so-outraged-and-angry-that-I’ll-dramatically-stare-off-into-space expression that he’s mastered.

I’m sure Waterson’s head would explode if he read today’s New York Times which details the goings on within the military commissions in Guantanamo Bay:

NY Times

“I think they are listening to my telephone calls all the time,” said John A. Chandler, a prominent lawyer in Atlanta and Army veteran who represents six Guantánamo detainees.

Several of the lawyers, including partners at large corporate law firms, said the concerns had changed the way they went about their work apart from Guantánamo cases. A lawyer in Chicago, H. Candace Gorman, said in an affidavit that she was no longer accepting new clients of any type because she could not assure them of confidentiality.

The new filing, by the Center for Constitutional Rights, came in a 2007 lawsuit under the Freedom of Information Act in which Guantánamo lawyers are seeking records to determine whether they have been targets of surveillance.

The Justice Department declined to comment Tuesday. But in a legal response in March, its lawyers said they could neither confirm nor deny that detainees’ lawyers had been targets of such surveillance “because doing so would compromise the United States Intelligence Communities sources and methods.” [. . .]

Guantánamo officials say they monitor attorney-client meetings for the safety of lawyers with video cameras but that meeting areas are not wired for sound.

But several lawyers said their clients had told them that shortly after detainees met with lawyers, interrogators had asked the detainees about topics that had been discussed.

But it doesn’t end at eavesdropping on privilged conversations.  Evidence or statements procured through torture? A-ok. Habeas Corpus?  Never heard of it.  Try to time convictions to coincide with US elections to benefit Republicans?  Yep.

George Bush has presided over the most lawless and tyrannical administration in the history of the United States. He has revoked habeas corpus; presided over wholesale warrantless wiretapping of US citizens; ordered torture; and promulgated a theory of executive power that renders the other branches of government null and void.

Yet, the president has issued a “proclamation” declaring this day “Law Day”:

The right of ordinary men and women to determine their own future, protected by the rule of law, lies at the heart of America’s founding principles. As our country celebrates the 50th anniversary of Law Day, we renew our commitment to the ideals on which this great Nation was established and to a robust system of ordered liberty.

The American legal system is central to protecting the rights and freedoms our Nation holds dear. The theme of this year’s Law Day, “The Rule of Law: Foundation for Communities of Opportunity and Equity,” recognizes the fundamental role that the rule of law plays in preserving liberty in our Nation and in all free societies. We pay tribute to the men and women in America’s legal community. Through hard work and dedication to the rule of law, members of the judiciary and the legal profession help secure the rights of individuals, bring justice to our communities, and reinforce the proud traditions that make America a beacon of light for the world.

Nearly 800 years ago, the Magna Carta placed the authority of government under the rule of law; centuries later, the Declaration of Independence and the United States Constitution marked tremendous advances in the march of liberty. These documents established enduring principles that guide modern democracies. Today, we are reminded of that past and look toward a hopeful future as we work to secure the liberty that is the natural right of every man, woman, and child.

On Law Day, U.S.A., our Nation celebrates our belief in the equality of each person before God and renews our commitment to strive to bring America ever closer to its founding ideals.

This has to be one of the most spectacular absurdities of all time.