Conservative Culture

Crossposted from Stop The ACLU

It isn’t surprising that the ACLU were quick to react to Bush’s jaw dropping speech admitting to secret CIA prisons and pushing Congress to pass legislation that would put captured terror suspects under the rule of a military tribunal.

Via ACLU:

America is a nation dedicated to upholding the rule of law. However, President Bush’s draft proposal for military commissions fails to meet the standards recognized by the Supreme Court in Hamdan v. Rumsfeld. The court held the President’s initial military commission scheme was illegal because it violated Common Article 3 of the Geneva Conventions, the most basic standards regarding treatment of detainees. The new proposal has nearly all of the same problems, and will eventually be found to be illegal. For example, it would allow a person to be convicted based on secret evidence and would allow the use of evidence obtained as the result of horrific abuse.

Of course the ACLU automatically accuse the U.S. of using horrific abuse to obtain our evidence without any evidence whatsoever to back that claim up. You can also bet that if one of their terrorist plaintiffs were to go before our court system they would make the claim that any evidence we have against them was obtained through such procedures and argue it was inadmissible. This is only one of hundreds of reasons that Congress needs to pass the legislation the President is requesting so these terrorist creeps, several of which are in the top Al Qaeda chain of command, need to go before a military tribunal. They are not American citizens and we can not afford the dangers involved in allowing them to be represented before the U.S. courts, in all probability represented by the ACLU.

“The president should have listened to the current Judge Advocates General for the four military services, all of whom have urged close adherence to the court-martial procedures, and all of whom oppose the use of secret evidence and coerced evidence. By contrast, Senators John Warner (R-VA), John McCain (R-AZ) and Lindsey Graham (R-SC) are reportedly following the advice of these top generals and admirals and supporting due process protections that are more in line with the time-tested courts-martial procedures.

“The president also proposes to gut enforceability of the Geneva Conventions by amending the War Crimes Act to completely immunize from prosecution civilians who subjected persons to horrific abuse that may have fallen short of the definition of ‘torture.’ As a result, government officials and civilian contractors who authorized or carried out waterboarding, threats of death, and other abuse would get a ‘get out of jail free’ card under the president’s bill. The nation’s soldiers and sailors would remain liable under the Uniform Code of Military Justice, but civilians would be immune from prosecution under the only statute that applies to many of these acts. That is simply wrong.

No, what is “simply wrong” is that cowards commited to terrorism and jihad against America that do are not signatories of nor abide by the Geneva Conventions should be afforded the protections of it. The sickening fact that the ACLU would steep low enough to represent an enemy of our nation to sue a military member for doing their job in capturing and interrogating these killers. This is exactly what the President is asking Congress to keep from happening. The President is asking Congress to make it clear what our protectors can and can not do and to protect them from prosecution of being sued by the very scumbuckets they protect us from.

“The new Army Field Manual avoids some of the worst problems with earlier drafts and clarifies that those held by the military or at military facilities must be afforded the protections of the Geneva Conventions. However, it then creates loopholes for so-called ‘unlawful combatants’ by depriving them of the same protections–and specifically authorizes holding persons in isolation. And, the new manual does not apply to those held by the CIA. The Bush proposal is lip service unless the executive branch actually holds people accountable for violating it.

“So called” unlawful combatants? If you are not abiding by the rules of being a lawful combatant then you aren’t one. It is that simple. The ACLU are the ones looking for loop holes in the system, and the very reason they are so up and arms on this is that it closes them up. What the President is asking is for Congress to make the definitions clear. In the Hamdan case, which the ACLU played a major part in, the door was left wide open for Congress to clarify and create legislation making military tribunals the main process for due process dealing with terrorists caught on the battle field. What does the ACLU have against bringing these murderers to justice?

The ACLU Defend the enemy. They have a long history of this one. They defended the P.L.O. in 1985. They defended Quadafi in the 1980’s. And they continue today. They have told Gitmo detainees they have the right to remain silent, as in not talking to interrogators. One issue that really disturbs me is their refusal of funds from organizations such as the United Way that were concerned the money would be used to support terrorism.

In October of 2004, the ACLU turned down $1.15 million in funding from two of it’s most generous and loyal contributors, the Ford and Rockefeller foundations, saying new anti-terrorism restrictions demanded by the institutions make it unable to accept their funds.

“The Ford Foundation now bars recipients of its funds from engaging in any activity that “promotes violence, terrorism, bigotry, or the destruction of any state.”

The Rockefeller Foundation’s provisions state that recipients of its funds may not “directly or indirectly engage in, promote, or support other organizations or individuals who engage in or promote terrorist activity.”

They have since then demanded that the government release and make public top secret security information regarding not only the activities of our military, but also that of our intelligence forces. They have also initiated one lawsuit after another against the government to stop the searching of individuals for security purposes in mass transit situations, to stop what they call profiling (we will never see a Protestant white middle-aged woman as a terrorist working with an extremist Islamic organization) by race, sex and religion, and to stop the government from detaining and questioning or interrogating individuals who have ties or contact with known terrorist individuals and organizations.

They tried to kill the Patriot Act because they see the rights of an individual who may or may not be an American citizen as more important than the safety of the nation at large. They want the borders open because they see that as an infringement of the rights of non-Americans to become Americans however they can manage it. They want to have military and intelligence sources, activities, and planning revealed to the public so they can “watch dog” and ensure freedoms of individuals and/or groups are not being compromised, but in doing so will enable those very individuals and/or groups under surveillance the ability to avoid surveillance and possible capture before they do something destructive to American citizens.

When it comes to America’s enemies you can count on the ACLU to be there to defend them.

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With all the talk of making the Geneva convention apply to terrorists in the war on terror I thought a little background refresher was needed.

In 1859 Henry Dunant, a Swiss citizen, witnessed the aftermath of the Battle of Solferino and was horrified by the sight of thousands of wounded soldiers lying helpless and abandoned with no one to care for them.

This experience led him to suggest the setting up of voluntary relief societies who could be trained, during peacetime, to care for the wounded in time of war.
He also called for an international agreement to be drawn up to protect the wounded, and those who looked after them, from further attack.

In 1863 Henri Dunant arranged an unofficial international conference at which it was agreed that each country should form a relief organisation capable of assisting the Army Medical Services in wartime.

In 1864 governments were invited to send representatives to a diplomatic conference. As a result 12 European nations signed a treaty stating that in future wars they would care for all sick and wounded military personnel, regardless of nationality. They would also recognise the neutrality of medical personnel, hospitals and ambulances identified by the emblem of a red cross on a white background.

The treaty was called the Geneva Convention. This Convention was concerned only with soldiers wounded on the battlefield.

There are now four Geneva Conventions, which were drawn up in 1949. They cover armed forces on land and at sea, prisoners of war, and civilians. And all of them have now been accepted by virtually every State in the world. Britain ratified the four Conventions in 1957.
This was how the Red Cross began.

What was new to me was that there are four Geneva conventions. The two that are of interest are the 3rd and 4th.

The Thrird

Prisoners of war MUST be:

- Treated humanely with respect for their persons and their honour.
- Enabled to inform their next of kin and the Central Prisoners of War Agency (ICRC, the International Red Cross) of their capture.
- Allowed to correspond regularly with relatives and to receive relief parcels.
- Allowed to keep their clothes, feeding utensils and personal effects.
- Supplied with adequate food and clothing.
- Provided with quarters not inferior to those of their captor’s troops.
- Given the medical care their state of health demands.
- Paid for any work they do.
- Repatriated if certified seriously ill or wounded, (but they must not resume active military duties afterwards) .
- Quickly released and repatriated when hostilities cease.

Prisoners of war must NOT be:
-Compelled to give any information other than their name, age, rank and service number.
- Deprived of money or valuables without a receipt (and these must be returned at the time of release).
- Given individual privileges other than for reasons of health, sex, age, military rank or professional qualifications.
- Held in close confinement except for breaches of the law, although their liberty can be restricted for security reasons.
- Compelled to do military work, nor work which is dangerous, unhealthy or degrading.

But what really caught my eye is the convention dealing with civilian persons. I wonder if the terrorists will abide by either convention. I am sure that the left and other nations won’t be drumming on the terrorists to abide by the conventions. Read on.

The Fourth

Protected civilians MUST be:
- Treated humanely at all times and protected against acts or threats of violence, insults and public curiosity.
- Entitled to respect for their honour, family rights, religious convictions and practices, and their manners and customs.
- Specially protected, for example in safety zones, if wounded, sick, old, children under 15, expectant mothers or mothers of children under 7.
- Enabled to exchange family news of a personal kind. - Helped to secure news of family members dispersed by the conflict
- Allowed to practise their religion with ministers of their own faith. Civilians who are interned have the same rights as prisoners of war. They may also ask to have their children interned with them, and wherever possible families should be housed together and provided with the facilities to continue normal family life. Wounded or sick civilians, civilian hospitals and staff, and hospital transport by land, sea or air must be specially respected and may be placed under protection of the red cross/crescent emblem.

Protected civilians must NOT be:
- Discriminated against because of race, religion or political opinion. - Forced to give information.
- Used to shield military operations or make an area immune from military operations.
- Punished for an offence he or she has not personally committed. - Women must not be indecently assaulted, raped, or forced into prostitution.

The always interesting Tammy Bruce was one of them that broke with the news about the change in status just prior to the President’s speech.

In a shocking reversal, these freaks will now be afforded Geneva protections. Here’s the initial story. In my next break I’ll expand more here. We’re also talking about it on Tammy Radio. I’m beside myself.

ABC News has learned that President Bush will announce that high-value detainees now being held at secret CIA prisons will be transferred to the Department of Defense and granted protections under the 1949 Geneva Conventions. It will be the first time the Administration publicly acknowledges the existence of the prisons.

A source familiar with the president’s announcement says it will apply to all prisoners now being held by the CIA, including Khalid Sheikh Mohammed, the alleged mastermind of the Sept.11 attacks, and senior al Qaeda leader Ramzi Binalshibh.

The source says there are “about a dozen” prisoners now being held by the CIA.

While it may be timely in the political realm to do so or whether it is a move to pressure congress about the military tribunals remains to be seen. However, does anyone now expect pressure from the Arab world to force the Islamofacists to sign on to the Geneva conventions? Let the left remain silent. Oh. Sorry. They already are.

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