A year and two months ago, Thereisnospoon at Daily Kos informed Americans that they needed to “Calm The Fuck Down Already” regarding the passage of H.R. 6166 and S. 3930, also known as the Military Commissions Act, into law. The gist of the argument: it will all be fixed as soon as the Democrats get their majority in Congress, so don’t take it out on the Democrats who voted yes. I won’t mince words: Spoon’s appeal was partisan bullcrap at the time, and it’s partisan bullcrap now. Consider what’s happened in the past fourteen months:
| Thereisnospoon said… | What’s actually happened… |
| I swear to freaking God. Everybody needs to take a freaking chill pill on this torture legislation.
Yes, torture is awful. Yes, the bill purports to eliminate the right of habeas corpus. Yes, American citizens are included. Yes, these are fundamental American values. Yes, Democrats should stand up for those values. Yes, yes, yes. Yada yada yada. But please end the incessant hand-wringing, and try to remember how government–even under this administration–works. This bill doesn’t change SHIT. Not today. Not yesterday. Not tomorrow. Nothing. |
Yada yada yada? Torture is not a matter of “yada yada yada.” Removal of the consitutional right of habeas corpus is not a matter of “yada yada yada.” Habeas corpus matters because it protects the weak from the powerful. Torture matters because it is the use of power to derange a person body and soul.
Once George W. Bush signs this bill, it became the law of the land. Immediately. So it did change shit, giving the abuse of power legal authority. |
| And again, this bill doesn’t accomplish SHIT. Let’s look at a few points, one by one, shall we?
1) Congress has NO authority to decide if these things are legal or not. That’s up to the COURTS to decide. It’s up to the COURTS to decide how the Geneva Conventions–which are American Law–are construed. It’s up to the COURTS to decide whether habeas corpus does or does apply to all persons (as it so clearly states in the Constitution). Every piece of this Unconstitutional bill is beyond the scope of the Congress to legislate. It’s dead on the courthouse door–and doesn’t change anything in the meantime. |
Until a court issues an injunction to stop the implementation of this law, it will have the force of law. It’s not dead until the federal courts do something about it.
Fourteen months after the fact, the federal courts have not stopped the Military Commissions Act. |
| A Democratic congress will easily reverse this bill. When the subpoenas start coming and Bush is on the hotseat for his crimes, there will be a MAJOR tailwind and drive to remove even the pretense of this horrible legislation. Bush is the Emperor without Clothes–and this butt-cover will blow right off when the winds kick up.
Of course, without a Democratic congress we won’t have that. And if you hand-wringers refuse to support Democrats, or some other drivel, on the basis of their reaction to this legislation in the face of political pressure, we won’t get a Democratic congress. |
And the when the Democrats are in control they will fix this, if we only shut up now?
What, the same Democrats who said they were holding their ammunition on the Iraq War in 2002, so they could advance their agenda in 2003? The same Democrats who slapped down Howard Dean in 2003 for saying the obvious, that the war in Iraq wasn’t making America safer, saying in whispers that it was inappropriate to voice the truth until after the 2004 elections? The same Democrats who failed to filibuster the installation of Alberto “Torture” Gonzales as Attorney General in 2005, because by golly they had to save their ammunition for the federal judge nominations coming down the pike? The same Democrats who failed to filibuster a single federal judge’s nomination, because by golly they were going to save their fire for the supreme court nominations, when they promised, promised, promised to stand up and fight the good fight? The same Democrats who failed to fillibuster the nomination of John Roberts, because gosh darn it wouldn’t be prudent after all right now, but later, with that next justice, by gum that’ll be a good one! Those Democrats? The same Democrats who failed to filibuster the nomination of Samuel Alito, because h-e-double-toothpicks, someone might call a Democrat some name for it? The same Democrats who put up a one-day fuss in 2005 over the Republicans’ broken promise to deliver a report on manipulation of Iraq War intelligence, a report that was already years overdue? The same Democrats who then let the deadline pass? The same Democrats who aren’t saying jack shit about the issue, even though the report has STILL not been completed? Those Democrats? Those Democrats are really going to fix things, just you wait, really this time, no really really, if we shut up AGAIN? Fool me once, shame on you. Fool me seven times, shame on me. Of course the Democrats haven’t overturned the Military Commissions Act. They’re “saving their ammunition” again. |
| So get over it. Let the Republicans have their meaningless political theater. It changes absolutely nothing, and it will be struck down by the first, second and third courts that get their hands on it.
And then send some REAL Americans–the ones with (D)s after their names–to Congress. Because that’s what REALLY matters here. Chill. |
If getting Democrats elected to Congress is “what REALLY matters here,” the Thereisnospoon can be happy.
If Habeas Corpus and torture are what really matters, then the year since Democrats gained their Congressional majority has been nothing more than a steaming pile of bull crap. |
In the past year, the Democratic party leadership in the Senate has proven itself wholly unconcerned with moving S. 576, the strongest legislation to repeal the Military Commissions Act, to the floor. The House Democratic leadership has also failed with the parallel H.R. 1415. Congressional Democrats have failed to consider and vote on even weaker remediations of the Military Commissions Act.
The leadership of the Democratic Party does not deserve to sleep at night. And none of us should calm down.
i’m with the “steaming pile of bull crap” side.