The recent domestic spying brouhaha basically boils down to this question: Does the President have the authority to permit the interception of international communications during war? Almost certainly, yes.
I would be shocked if any court would say he doesn't have such authority. The fog arises when defining our 'state of war,' though it has clearly been declared by the executive. It just seems, whether it's this type of modern communications issue or an issue involving the treatment of non-state combatants, our government is abiding by rule-sets created generations ago. Take 'enemy combatants' for an example; many talk of the Geneva Conventions when describing a standard treatment procedure. The reality is this: that accord was written 50 years ago to accommodate mechanized warfare between state actors. The participants abided by certain rules (wearing a uniform) and were thus afforded certain benefits (POW protections). The nature of warfare has changed and it's time to update the rules. Sen. McCain (R-AZ) has credibility on the issue of prisoner treatment and so I cede to his judgment, but not allowing "degrading" treatment rankles me a bit. Are prisoners now immune from guards hurling insults at them? Are we working on their self-esteem or our national security?
Tuesday, December 20, 2005
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