by Jim Macdonald
October 2, 2006
You are not required to obey an unlawful order.
You are required to disobey an unlawful order.
You swore an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic.
The Constitution states (Article VI):
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Here is article 3, the common article, to the Geneva Conventions, a duly ratified treaty made under the authority of the United States:
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
Article 3 of the Geneva Conventions is straightforward and clear. Under Article VI of the Constitution, it forms part of the supreme law of the land.
You personally will be held responsible for all of your actions, in all countries, at all times and places, for the rest of your life. “I was only following orders” is not a defense.
What all this is leading to:
If you are ordered to violate Article 3 of the Geneva Conventions, it is your duty to disobey that order. No “clarification,” whether passed by Congress or signed by the president, relieves you of that duty.
If you are ordered to violate Article 3 of the Geneva Conventions, this is what to do:
1. Request that your superior put the order in writing.
2. If your superior puts the order in writing, inform your superior that you intend to disobey that order.
3. Request trial by courtmartial.
You will almost certainly face disciplinary action, harassment of various kinds, loss of pay, loss of liberty, discomfort and indignity. America relies on you and your courage to face those challenges.
We, the people, need you to support and defend the Constitution. I am certain that your honor and patriotism are equal to the task.
By LESLIE MILLER
Oct 5, 2006
WASHINGTON – President Bush, again defying Congress, says he has the power to edit the Homeland Security Department’s reports about whether it obeys privacy rules while handling background checks, ID cards and watchlists.
In the law Bush signed Wednesday, Congress stated no one but the privacy officer could alter, delay or prohibit the mandatory annual report on Homeland Security department activities that affect privacy, including complaints.
But Bush, in a signing statement attached to the agency’s 2007 spending bill, said he will interpret that section “in a manner consistent with the President’s constitutional authority to supervise the unitary executive branch.”
White House spokeswoman Dana Perino said it’s appropriate for the administration to know what reports go to Congress and to review them beforehand.
“There can be a discussion on whether to accept a change or a nuance,” she said. “It could be any number of things.”
The American Bar Association and members of Congress have said Bush uses signing statements excessively as a way to expand his power.
The Senate held hearings on the issue in June. At the time, 110 statements challenged about 750 statutes passed by Congress, according to numbers combined from the White House and the Senate committee. They include documents revising or disregarding parts of legislation to ban torture of detainees and to renew the Patriot Act.
Privacy advocate Marc Rotenberg said Bush is trying to subvert lawmakers’ ability to accurately monitor activities of the executive branch of government.
“The Homeland Security Department has been setting up watch lists to determine who gets on planes, who gets government jobs, who gets employed,” said Rotenberg, executive director of the Electronic Privacy Information Center.
He said the Homeland Security Department has the most significant impact on citizens’ privacy of any agency in the federal government.
Homeland Security agencies check airline passengers’ names against terrorist watch lists and detain them if there’s a match. They make sure transportation workers’ backgrounds are investigated. They are working on several kinds of biometric ID cards that millions of people would have to carry.
The department’s privacy office has put the brakes on some initiatives, such as using insecure radio-frequency identification technology, or RFID, in travel documents. It also developed privacy policies after an uproar over the disclosure that airlines turned over their passengers’ personal information to the government.
The last privacy report was submitted in February 2005.
Bush’s signing statement Wednesday challenges several other provisions in the Homeland Security spending bill.
Bush, for example, said he’d disregard a requirement that the director of the Federal Emergency Management Agency must have at least five years experience and “demonstrated ability in and knowledge of emergency management and homeland security.”
His rationale was that it “rules out a large portion of those persons best qualified by experience and knowledge to fill the office.”