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View Diary: Waterboarding Too Dangerous, Internal DoD Memo Reveals (47 comments)

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  •  ....and the purpose of SERE is to expose trainees (2+ / 0-)
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    Valtin, geomoo

    to the type of torture they might encounter as POWs.

    •  If captured by a nation which does not follow (3+ / 0-)
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      Valtin, skrekk, FarWestGirl

      the Geneva Convention, the sort of distinction that used to separate us from our enemies, a chief justification in the past for our righteousness in warfare.

      Hope has never trickled down. It has always sprung up.

      by geomoo on Sat Mar 06, 2010 at 01:07:36 AM PST

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      •  For people who have defined war (4+ / 0-)
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        Valtin, skrekk, geomoo, rb137

        as a legal enterprise that's being conducted according to principles of international law, individuals who are acting independently, outside the confines of law, are likely considered not to be entitled to the law's "protections."  The law is a cover for all kinds of immoral behavior.

        I think a good example of how this works can be found in the DoJ friend of the court presentation during oral arguments in Pottawattamie v. McGhee, which suggested that because the trial and sentence of the individuals, who had been framed by the prosecutor's falsified evidence and spent 25 years in prison, was without error and entirely lawful, the victims of the frame-up had not been deprived of their liberty unjustly.  In response to questioning by the justices of the SCOTUS, the DoJ lawyer tried to argue that deprivation of liberty only occurred when the individuals were sent to prison and that process had been entirely according to hoyle.  Besides, he argued, there is no right not to be framed in the Constitution.  All of which, IMHO, arises from the perception that he function of the law is to rule/control individual behavior, rather than the behavior of the agents of government, and that, moreover, the moral/legal value of an act is defined by the characteristics of the individual it affects, rather than its effect.  So, for example, an unlawful combatant is not covered by the laws of war and an innocent person is not protected by the strictures in the Bill of Rights.  An innocent person is not in a "protected class."

        I suppose you could say that the law is still being used as an instrument of segregation.  Or, conversely, that racial segregation was not an aberration, but entirely consistent with how the rule of law works.  The law is a shield for human malfeasance.

        by hannah on Sat Mar 06, 2010 at 04:21:54 AM PST

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        •  Applause. Well said. (1+ / 0-)
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          One hesitates to speak of better and worse wars, but here in the early twenty-first century we are left to wish our country would at least exercise their imperialism according to the accepted laws of "civilized" war.

          I always enjoy your intelligent, thoughtful comments.  Of course, you're familiar with one of my favorite quotes:

          The Law, in its majestic equality, forbids the rich, as well as the poor, to sleep under the bridges, to beg in the streets, and to steal bread.

          Hope has never trickled down. It has always sprung up.

          by geomoo on Sat Mar 06, 2010 at 11:29:18 AM PST

          [ Parent ]

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