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In response to a question I sent to Senator Murray, (D. WA. State), copied here in total:
"Dear Mr. ((chknltl)): Thank you for contacting me with your concerns regarding the Bush Administration's interrogation policies and the use of torture. Let me be clear, I have strongly supported giving our military and intelligence agencies the tools they need to protect our nation. To defend our country and our liberties, we must find information from those who seek to do us harm. However, I am firmly opposed to giving the Bush Administration broad powers to circumvent legal barriers protecting against torture and will work to guard habeas corpus rights. I share your concern and frustration regarding the legacy the Bush Administration left both at home and abroad. Like many Americans, I welcomed the election of President Obama and his commitment to end many controversial Bush Administration practices. As you may know, in 2005 Congress approved the Detainee Treatment Act (DTA) that prohibited inhumane treatment of detainees and limited the use of certain military interrogation techniques by at security facilities like the one operated at Guantanamo Bay, Cuba Unfortunately, President Bush issued a signing statement along with DTA clarifying that he would only follow the law insofar as it did not restrict his power to treat detainees as he saw fit, with very limited court review. In June 2006, the U.S. Supreme Court ruled in Hamdan v. Rumsfeld that President Bush's policy of trying detainees at Guantanamo Bay using so-called "military commissions" was not authorized by existing law and, partly because they allowed evidence obtained through torture, did not comply with the Geneva Conventions. By failing to adhere to the fundamental tenets of the Geneva Conventions, I am concerned that the U.S. will alienate our allies and, more importantly, endanger American troops, leaving troops captured abroad without the most basic protections the Geneva Conventions provide. As a result of this decision, Congress had to act. In September 2006, the Senate took up the Military Commissions Act (MCA), which set new Congressionally-authorized rules for trying unlawful enemy combatants by amending the Uniform Code of Military Justice and federal criminal law. While MCA specifically barred cruel, inhumane or degrading treatment or punishment of enemy combatants or detainees, the actual changes to the War Crimes Act only include a new definition that is so vague that some cruel and extreme interrogation techniques may still be permitted. The bill allowed the President to restrictively interpret the United States ' obligations under the Geneva Conventions and also stripped American courts of their oversight power and undercut the Geneva Conventions. Though legislation was certainly necessary after the Hamdan decision, I voted against MCA because it failed to honor the American commitment to basic moral values and international law. MCA effectively allowed the President to detain enemy combatants not held at Guantanamo Bay outside the law and without the protection of habeas corpus. The Senate considered an amendment to the fiscal year (FY) 2008 National Defense Authorization Act that would restore habeas corpus for those detained by the United States I was proud to vote in favor of that amendment, but unfortunately the vast majority of Senate Republicans opposed the amendment, and it did not gain the required sixty votes to close debate and move forward for consideration. Fortunately, in June 2008, the Supreme Court ruled that Guantanamo detainees have a constitutional right to access our federal courts to challenge the government's ability to hold them indefinitely. Currently, the military has to follow interrogation guidelines in the U.S. Army Field Manual, which prohibit extreme interrogation tactics such as waterboarding, using military dogs, inducing extreme temperature conditions, and depriving the detainee of necessary food, water, or medical care. The Bush Administration has argued that while these guidelines apply to the military, they are not legally binding to the intelligence community (i.e. the CIA). To fix this, Congress passed the FY 2008 Intelligence Authorization Act, which would apply the interrogation guidelines in the Army Field Manual to members of the intelligence community, including the CIA. I was proud to help pass this bill and vote for it. Unfortunately, the President vetoed the intelligence bill because this provision was included, and the House was unable to override this veto. Please know that as I continue to work to pass legislation related to torture, interrogation techniques, and habeas corpus for detainees, I will keep your thoughts in mind. I support President Obama's efforts to focus on addressing the serious challenges we face as a nation. We must address the current economic crisis, meet our nation's health care and education needs, care for American veterans, and deal with many other issues that were unfortunately neglected during the Bush Administration. Please know that I look forward to working with President Obama and hearing from you about the right direction to take our country in the years ahead. Thank you for sharing your thoughts with me, and please do not hesitate to be in touch. Please be assured that I will keep your views in mind as this issue is brought up during the 111th Congress. Thank you again for contacting me and please keep in touch. I hope all is well in Tacoma."
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