I presume the Supreme Court will be the entity to strike it down...? If so, Bush's cabal of friendly Justices will be in quite a pickle: how to rule in favor of their buddy while not embarrassing themselves by upholding this law.
In fact, on this subject of the torture law, Jonathan Turley, professor of constitutional law at George Washington University, had a few things to say about it on Keith Olbermann's show:
It‘s a huge sea change for our democracy. The framers created a system where we did not have to rely on the good graces or good mood of the president. In fact, Madison said that he created a system essentially to be run by devils, where they could not do harm, because we didn‘t rely on their good motivations.
Now we must. And people have no idea how significant this is. What, really, a time of shame this is for the American system. What the Congress did and what the president signed today essentially revokes over 200 years of American principles and values.
It couldn‘t be more significant. And the strange thing is, we‘ve become sort of constitutional couch potatoes. I mean, the Congress just gave the president despotic powers, and you could hear the yawn across the country as people turned to, you know, “Dancing with the Stars.” I mean, it‘s otherworldly.
I think people are fooling themselves if they believe that the courts will once again stop this president from taking over—taking almost absolute power. It basically comes down to a single vote on the Supreme Court, Justice Kennedy. And he indicated that if Congress gave the president these types of powers, that he might go along.
And so we may have, in this country, some type of ueber-president, some absolute ruler, and it‘ll be up to him who gets put away as an enemy combatant, held without trial.
It‘s something that no one thought—certainly I didn‘t think—was possible in the United States. And I am not too sure how we got to this point. But people clearly don‘t realize what a fundamental change it is about who we are as a country. What happened today changed us. And I‘m not too sure we‘re going to change back anytime soon.
You know, the United States has engaged in torture. And the whole world community has denounced the views of this administration, its early views that the president could order torture, could cause injury up to organ failure or death.
The administration has already established that it has engaged in things like waterboarding, which is not just torture. We prosecuted people after World War II for waterboarding prisoners. We treated it as a war crime. And my God, what a change of fate, where we are now embracing the very thing that we once prosecuted people for.
Who are we now? I know who we were then.
I think you can feel the judgment of history. It won‘t be kind to President Bush.
But frankly, I don‘t think that it will be kind to the rest of us. I think that history will ask, Where were you? What did you do when this thing was signed into law? There were people that protested the Japanese concentration camps, there were people that protested these other acts. But we are strangely silent in this national yawn as our rights evaporate.