Bush’s New Interrogation Order Contains Loophole: ‘Does Not Create Any Right Enforceable At Law’

[babylonsister]

Related thread:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1389292&mesg_id=1389292

http://thinkprogress.org/2007/07/20/new-exec-order-interrogation/

Bush’s New Interrogation Order Contains Loophole: ‘Does Not Create Any Right Enforceable At Law’

In October 2006, Bush signed the Military Commissions Act of 2006, which provided for the continuation of so-called CIA “black sites” for interrogating terrorism suspects and allowed evidence obtained through torture to be used against them. In its lengthy series on the Vice President, the Washington Post reported that the bill gave Cheney everything he wanted:

For all the apparent setbacks, close observers said, Cheney has preserved his top-priority tools in the “war on terror.” After a private meeting with Cheney, one of them said, Bush decided not to promise that there would be no more black sites — and seven months later, the White House acknowledged that secret detention had resumed.

The Military Commissions Act, passed by strong majorities of the Senate and House on Sept. 28 and 29, 2006, gave “the office of the vice president almost everything it wanted,” said Yoo, who maintained his contact with Addington after returning to a tenured position at Berkeley.

Today, the AP reports that President Bush has issued a new executive order “prohibiting cruel and inhuman treatment, humiliation or denigration of prisoners’ religious beliefs.” The order seems to be an effort to bring the administration’s interrogation regime closer to the requirements stipulated in the Geneva Convention.

The new order is intended to apply to CIA interrogators. “The White House declined to say whether the CIA currently has a detention and interrogation program, but said if it did, it must adhere to the guidelines outlined in the executive order.”

The new order does not appear to shut down the “black sites.” Moreover, the text of the executive order suggests that any CIA personnel or others who engage in violations of the new regime will not be subject to any repercussions.

Sec. 5. General Provisions. (a) Subject to subsection (b) of this section, this order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

(b) Nothing in this order shall be construed to prevent or limit reliance upon this order in a civil, criminal, or administrative proceeding, or otherwise, by the Central Intelligence Agency or by any individual acting on behalf of the Central Intelligence Agency in connection with the program addressed in this order.

The Post reported that exempting “CIA case officers and other government employees from prosecution for past war crimes or torture” was a “technical provision held great importance to Cheney and his allies.” So while the administration is saying that it will not torture, it appears to be turning a blind eye in the event that it happens.

[C_U_L8R]

1. Yoo Dirty Rat

(it was just too obvious .. hahaha)

[Richard Steele]

2. Not a "loophole", a complete invalidation. It says "this rule means nothing & can be ignored".nm

[babylonsister]

4. So what was the point to begin with? Trying to pull a fast one? Nah! nt

[Xipe Totec]

3. It just means you can't sue if the gov fails to comply with the order

If the CIA tortures you, you still can't do anything about it.

[Ian David]

5. The Presidential War Crimes Plausible Deniability Act of 2007. n/t

[TechBear_Seattle]

6. Standard language on ALL executive orders, nothing more

Strictly speaking, an executive order applies only to the Executive Branch; it is nothing more than a policy memo to underlings. Where Congress has given an Executive Branch department rule-making authority (say, the Food and Drug Administration with regards to rules on food inspection), an Executive Order can change the rules.

The boilerplate language found in Section 5 of this order reiterates that the EO is nothing more than a policy memo and is not a law as defined by the Constitution. Since it is not a law, persons affected by it do not have recourse as if it were a law. It is a fine distinction, but this clause has been standard for many years, long before the Junta came to power.