Scoundrel time: Susan Collins demagogues and lies about about terrorist interrogation
Susan Collins demagogued about how reading the attempted Christmas day bomber his Miranda rights demolished the ability to get intelligence from him. When caught out, she falls back on nonsense about a supposed “lack of consultation” that Andrea Mitchell demolishes:
Visit msnbc.com for breaking news, world news, and news about the economy
[H/t Crooks & Liars.]
In addition to the point about the cooperation of the bomber’s family, there is another point I haven’t seen made anywhere. The US was warned by the bomber’s father that his son posed a danger. If the father believed his son would be subjected to the “enhanced interrogation” [torture] tactics so beloved by conservatives, it is extremely unlikely that such a warning would have come. It is even likely that the threat of a military commission would have discouraged the family.
The point is that torture destroys the ability to gather intelligence. Sources will not turn in family or acquaintances to be tortured. But they are likely to turn in enemies, often with false accusations. Thus torture and an absence of due process discourage good intelligence and encourage bad.
Glenn Greenwald demolishes Collins in a piece where he takes on the right wing fiction ["lie"] that Constitutional rights only apply to American citizens:
Collins railed: “Once afforded the protection our Constitution guarantees American citizens, this foreign terrorist ‘lawyered up’ and stopped talking” (h/t). This notion that the protections of the Bill of Rights specifically and the Constitution generally apply only to the Government’s treatment of American citizens is blatantly, undeniably false — for multiple reasons — yet this myth is growing, as a result of being centrally featured in “War on Terror” propaganda.
First, the U.S. Supreme Court, in 2008, issued a highly publicized opinion, in Boumediene v. Bush, which, by itself, makes clear how false is the claim that the Constitution applies only to Americans. The Boumediene Court held that it was unconstitutional for the Military Commissions Act to deny habeas corpus rights to Guantanamo detainees, none of whom was an American citizen (indeed, the detainees were all foreign nationals outside of the U.S.). If the Constitution applied only to U.S. citizens, that decision would obviously be impossible. What’s more, although the decision was 5-4, none of the 9 Justices — and, indeed, not even the Bush administration — argued that the Constitution applies only to American citizens. That is such an inane, false, discredited proposition that no responsible person would ever make that claim.
What divided the Boumediene Court was the question of whether foreigners held by the U.S. military outside of the U.S. (as opposed to inside the U.S.) enjoy Constitutional protections. They debated how Guantanamo should be viewed in that regard (as foreign soil or something else). But not even the 4 dissenting judges believed — as Susan Collins and other claim — that Constitutional rights only extend to Americans. To the contrary, Justice Scalia, in his scathing dissent, approvingly quoted Justice Jackson in conceding that foreigners detained inside the U.S. are protected by the Constitution….
[B]asic common sense by itself should prevent people like Susan Collins from claiming the Constitution applies only to American citizens. There are millions of foreign nationals inside the U.S. at all times — not only illegally but also legally: as tourists, students, workers, Green Card holders, etc. Is there anyone who really believes that the Bill of Rights doesn’t apply to them? If a foreign national is arrested and accused by the U.S. Government of committing a crime, does anyone believe they can be sentenced to prison without a jury trial, denied the right to face their accusers, have their property seized without due process, be subjected to cruel and unusual punishment, and be denied access to counsel? Anyone who claims that the Constitution only protects American citizens, but not foreigners, would necessarily have to claim that the U.S. Government could do all of that to foreign nationals. Does anyone believe that? Would it be Constitutionally permissible to own foreigners as slaves on the ground that the protections of the Constitution — including the Thirteenth Amendment — apply only to Americans, not foreigners?
February 4th, 2010