Daily Kos

McCain Torture Compromise Bill Allows Sodomy, Rape of Prisoners

Thu Sep 28, 2006 at 02:11:36 PM PDT

It has always been illegal to rape or sodomize prisoners in U.S. custody, of course. But under the McCain Torture Compromise, as long as you are doing it as "interrogation", the president is now authorized to allow it.

Luckily, the Warner Redefinition of Human Rights Clause allows the president not only to authorize which prisoners will and will not be raped in an attempt to "break them", but will allow the president to refuse all access to evidence or trial to those prisoners. So that'll keep future abuses from coming to light.

Just thought I'd help clarify what the Republican lawmakers on the Senate floor are debating right now, since they don't seem to be in any mood to make those points clear. We're talking about torturing people so that the Senate can have a political floor show, and the supposed moderates of the movement are lapping it up like pups.

Personally, I think if you are going to pass a law that says another man will now be tortured, you should at least have the personal courage to stand up and say plainly what it is you intend to do to him.

Update [2006-9-28 18:10:40 by Hunter]: Actually, now I feel badly about this post. It would be more accurate to say that it is "unclear" whether or not actual rape is allowed, or merely all sexual violence up to and possibly including rape. Some interpreters of the bill say yes: some interpreters say no, the torturer must stop the sexual assault at the point of entry. The Senate chose to refuse further debate on the issue, deeming that clarity unimportant.

As the New York Times and others have pointed out, the language is "unclear", leaves the interpretation of each act solely to the discretion of the Bush administration, and goes to the remarkable step of even removing those tortured prisoners from the purview of the courts -- so that there is no recourse if the discretion of the Bush administration interpretation proves "extreme". So perhaps you should contact your Senators and ask them which clause of this bill overrides the other, since there seems to be a conflict between the various provisions. The Geneva Conventions prohibit the acts; the McCain Compromise, however, places "interpretation" of those acts in the hands of George W. Bush, and removes court authority to intervene.

Update [2006-9-28 19:33:17 by Hunter]: FleetAdmiralJ rebuts.

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