Live-blog of the Senate Judicary Comm 'Torture Rules' Hearing

[TayTay]

on DKos. I will try and mirror some of what is said here.

The Hearing can be seen on: http://judiciary.senate.gov/hearing.cfm?id=2416

The live-blog is at: http://www.dailykos.com/story/2006/9/25/94243/4687

(Anybody who can recommned this on DKos. This is one of the most vital discussions in the country at the moment.)

*****************

NOTICE OF COMMITTEE HEARING

TIME CHANGE TO 10:00 A.M.

The hearing on "Examining Proposals to Limit Guantanamo Detainees’ Access to Habeas Corpus Review" scheduled by the Senate Committee on the Judiciary for Monday, September 25, 2006 in Room 226 of the Senate Dirksen Office Building will begin at 10:00 a.m. rather than the previously scheduled time of 10:30 a.m.

By order of the Chairman

Revised Tentative Witness List

Hearing before the
Senate Judiciary Committee

On

“Examining Proposals to Limit Guantanamo Detainees’ Access to Habeas Corpus Review”

Monday, September 25, 2006
Dirksen Senate Office Building Room 226
10:00 a.m.

PANEL I

Rear Admiral John D. Hutson, Ret.
President and Dean
Franklin Pierce Law Center
Concord, NH

Thomas P. Sullivan
Partner
Jenner & Block
Chicago, IL

Mr. Bruce Fein
Partner
Fein & Fein
Washington, D.C.

Lieutenant Commander Charles Swift
United States Navy
Judge Advocate General’s Corps
Arlington, VA

Mr. David Rivkin
Partner
Baker & Hostetler LLP
Washington, D.C.

Mr. Bradford Berenson
Partner
Sidley Austin LLP
Washington, D.C.

[TayTay]

1. Sen. Specter is now beginning

We shall see if he is serious about upholding American law and tradition. His hearing is officially on the Rules of Habeas Corpus.

Where are the DU lawyers. You are needed here.

[TayTay]

2. Wow, Sen. Leahy gets a round of applause

in the Committee hearing room. He was talking about how the detentions might still leave 500 people waiting around for ever for justice. He declared this 'UnAmerican, it's UnAmerican," and he got a round of applause.

[TayTay]

3. I am working today. Anyone else who can comment on this

I will be 'in and out' which is why I am so glad there is a live-blog at DKos. I can go back and see what I missed and get caught up quickly.

Anyone else on DU who can watch this?

[magellan]

4. Leahy's talking tough

Not buying the bill at all. Chewing it up and spitting it out! Liberty and accountability!

[TayTay]

5. Thanks for checking in.

I don't want this thread to die, yet I am 'working' so I was afraid it would die without comments.

I appreciate the comments here.

[magellan]

7. Cornyn up now

Talking about review boards, blah blah, saying the unlawful combatants in Gitmo were getting all the due process they were due. These people were captured on "battlefield". You can see where this is running.

Quoting Rattner: the litigation is brutal for them, it's huge, lot of law firms working, every time they go down there it makes it that much harder for them (interrogators) to do what they're doing.

Why unlawful combatants should be entitled to rights when they're the enemy. He supports making provision more explicit, not confusing rights of unlawful combatants with ordinary Americans.

[cali]

6. Thank you, Tay tay

for doing this. I have high hopes for Senatior Leahy, and I'm counting on the panel members to be very forceful.

[TayTay]

8. I hope so, this is a vital issue

KarenDC has some 'heavy hitters' with her in the audience at this hearing. I believe that several of the people she mentioned as being there testified before a Democratic Policy Committee hearing on Iraq and the treatment of civilians and prisoners with regards to civil rights. (Medea Benjamin, Linda Wiener, Sonia Silbert, Toby Blome, Gael Murphy )

I will try and find that link and ask KarenDC for their impressions after this hearing. Ahm, they know this issue first-hand.

[magellan]

9. Adm Hudson up now

Missed his credentials. He has a written statement, thinks the US is at a historic crossroads, take the path of standing by our principles or take another path. Habeus Corpus it alone breathes life into all the other rights. It doesn't give comfort to the guilty. HC is unique only protects the innocent. If people are enemies they will find no comfort in HC.

Asks Specter, this is important, tied together with article 3, urges Congress to consider it separately and voted on on its own. For him the question goes above and beyond. Is this wise? The US is too strong and too great a country to do this out of fear. This is not an action we should take unless absolutely necessary. And since we don't have to do it we shouldn't.

Patriot Act, declined to suspend HC, now is not the time to do it. Mess in Gitmo, HC is not the way to clear it up or cover it up.

HC deals with fundamental question: whether they should be detained at all in the first place. This is not the last war we're going to fight. Plato says only dead have seen their last war. We need to keep standards to get other countries to meet. The test cannot be what would al Qaeda do, the test should be what is the right thing to do. The strenth of the US is not our military might, it's who we are, what we stand for, how we're held in regard by other countries.

The enemy only has terror. They can't beat us unless they bring us down to their level. We have opportunity to resist that temptation, the temptation to be less than we are.

Military doctrine says keep the high ground. This is an opportunity for US to keep high ground.

[indepat]

10. If W is just given everything he wants, everything will come up roses for

you and for me and for all Amerikans. Just wait and see.

[bigbrother05]

11. thanks

[TayTay]

12. Thomas Sullivan

smacking down Cornyn pretty good. Mr. Sullivan was an attorney for suspects held in Guantanamo. His testimony is amazing and he is really smacking down Cornyn.

What a patriot :patriot:

Thomas P. Sullivan
Partner
Jenner & Block
Chicago, IL

[magellan]

13. Next witness Mr Sullivan, attorney involved at Gitmo

They represnt 10 Saudi Arabians at Gitmo, 3 have been sent back to SA without explanation or apology.

To Cornyn, you said these were enemies captured on battlefield, none of their clients were captured on battlefield. None got trial on merits. Tell me if these conform to your expectations as a former justice in TX.

They were presumed guilty. (sorry, interruption here) No x-exam permitted, no evidence produced. Do you call that due process? There could have been evidence of torture --

Basically calling Cornyn on the points he made saying none of that is happening.

Asks if you do nothing else read material on pages 3-7 of his submission, see if that comports with your idea of due process.

Policeman in Riyadh, was kept at Gitmo for 4 1/2 years for no good reason, and never had opportunity to present (inaudible). Suspend HC before elections? I beg you to read that material and tell me if you think it's due process.

[magellan]

14. Somebody talking, mic is off at panel

Don't know who this is. Opposes suspending HC. Not a crumb of evidence. OTOH suspending the writ risks detaining people for a lifetime. Due process should not be crucified on cross of political expediency.

The writ of HC enjoys a hallowed history, appeared in Magna Carta, it is not dependent on act of Congress. Burden is formidable. Only a tiny percent of HC cases result in release.

Three good reasons

1) ethnic tribal religious division may turn suspect in for wrong reason

Talking too fast to catch it all.

Talking about Maher Arar and his subsequent torture. Jose Padilla has been moved to criminal court.

Bush** and Congress contend suspending HC would be popular. Roosevelt interred Japanese to appease racial bigotry. Does this Congress want only political advantage for November?

To Cornyn; HC does not establish right to other rights. I also would suggest as previously suggested that this should be brought up separately from other legislation.

[TayTay]

16. Attorney Bruce Fein

Mr. Bruce Fein
Partner
Fein & Fein
Washington, D.C.

[magellan]

15. I've got work to do, have to stop transcribing now.

Sorry, can someone else?

[TayTay]

17. Oooh, there may be a small demonstration inside

They may 'remove' the spectators. Hmmmmm, how appropros at a hearing that is talking about restricitnng American judicial rights.

[TayTay]

18. Do the Repubs have anyone besides Specter and Cornyn

here? This is not a heavily attended hearing, considering how important the subject is. Maybe Specter put it on the Monday schedule precisely so he wouldn't have some other Dems, like Feingold and Kennedy there. Sigh!

[babylonsister]

19. It makes me nuts that CSPAN or CSPAN 1 won't cover something

this important despite the fact that nothing else of value is on at the moment.

[fedupinBushcountry]

20. Cornyn

is a complete idiot. Yep ask your cohorts questions and put down anyone who stands in your way. He is sickening.

[fedupinBushcountry]

21. This will be on C-Span 2

at 1 p.m. est.