I haven’t written about the torture bill for a while. In some ways, I cannot believe that it has passed. On the one had, this seems doomed to be struck down by the Supreme Court. On the other hand, that will seem to lead to new charges that the Court is obstructing popular will (duh, it’s supposed to). One wonders how many times the Court can sustain such attacks before they cave in like, well… like Congress has.
The absurdities of learning all of the details regarding the passage of this bill is rivaled only by that day when the animals woke up on Animal Farm to their new "Napoleonic Code": "All animals are equal, but some are more equal than others". And once again, the average person assumes the role of Boxer. Laboring and toiling, minding his own business and trusting his leaders all the way to the glue factory.
But it is another Orwell story that should make us dread tomorrow. For it is possible that historians will say that Americans woke up tomorrow in a new Oceania. Battlefields and justifications change from one day to the next, the government spies without oversight in the declared interest of rooting out traitors, arrests are made and people can be tried in courts where coerced confessions are admissible.
The only question worth asking is whether or not we want it to be acceptable under the law for the Executive Branch to incarcerate, detain, torture, and then try in secret under non-conventional rules of judging that allow for evidence that would be considered tainted in normal trials and convict someone who lives in the United States and has in fact done absolutely nothing wrong. As I understand it, the Congress is on the verge of making this very nightmarish scenario, while you might think it unlikely, legal. We would not allow rape, for example, to be legal even if we thought it unlikely that there were to be anymore rapes in the future. Without accountability, there is tyranny.
Finally, it is clear that Congress no longer functions at the point where it will sign away its own authority to another branch of the government for the sake of perceived electoral success. Just as Martin Luther King said he was most disappointed with "White Moderates" in his famed "Letter from a Birmingham Jail", so to should we be outraged at the moderates who have allowed this happen.
Senators Carper, Johnson, Landrieu, Lautenberg,
Lieberman, Menendez, Nelson (Fla.), Nelson (Neb.), Pryor, Rockefeller,
Salazar, Stabenow not to mention Republican moderates like McCain and Hagel… you have betrayed everything that goes into what makes the United States a functional government of free peoples. So have all the others who voted for this legislation, but what is worse is that you on this list should have known better. I propose we change the old insult referencing Lincoln’s doctor to, "Your name is Nelson, sir" (apologies to Lord Nelson).
So here we are. The Executive Branch asks and receives expanded powers despite the President having continuously miserable approval ratings. The government has gained more power which can shockingly be aimed at its own people as easily as the enemy. Congress has become a Downsian model gone utterly nightmarish. The Courts are viewed as obstructionist and problematic because judges are "unelected". Economic inequality continues to grow year after year.
I cannot help but feel that the trends income distribution, changes in our balance of powers, and the change in politics over time from "Madison to Madison Avenue" all have the eerie feel of a history book that will be written 10 to 15 years after we die explaining the major currents of the time that lead to whatever is lying in wait around the corner. I fear that something terrible is going to happen to our Republic. I will pray for her health every night until I feel comfortable that the storm will pass.