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A Pathetic Day in History

I’m not going to say it’s a sad day, but the day when the Senate passes a bill that allows the United States to torture prisoners, drop American citizens in a hole with no opportunity to see a judge or a lawyer, and use secret evidence against those detained is a pathetic day in American history. Pathetic because you see the depravity of the Republicans and the pathetic inaction of the Democrats in this election season. It’s even more depraved since most of this bill will surely be found unconstitutional by the Supreme Court, but they still find nothing wrong with supporting torture and allowing the worst president in the the history of the United States to decide what torture is.

I’m sure many around the world are watching the United States like a parent watches their 18 year old screw up: despite all their work to raise the child they are powerless to influence their child’s actions now. The child will just have to learn wisdom on their own. Harry Reid’s speech on the floor of the Senate put it eloquently:

The Framers of our Constitution understood the need for checks and balances, but this bill discards them.

Many of the worst provisions were not in the Committee-reported bill, and were not in the compromise announced last Friday. They were added over the weekend after backroom meetings with White House lawyers.

We have tried to improve this legislation. Senator Levin proposed to substitute the bipartisan bill that was reported by the Armed Services Committee. That amendment was rejected.

Senators Specter and Leahy offered an amendment to restore the right to judicial review - that amendment was rejected.

Senator Rockefeller offered an amendment to improve congressional oversight of CIA programs - that amendment was rejected.

Senator Kennedy offered an amendment to clarify that inhumane interrogation tactics prohibited by the Army Field manual could not be used on Americans or on others - that amendment was rejected.

And Senator Byrd offered an amendment to sunset military commissions so that Congress would simply be required to reconsider this far-reaching authority after five years of experience. Even that amendment was rejected.

I strongly believe this legislation is unconstitutional. It will almost certainly be struck down by the Supreme Court. And when that happens, we’ll be back here several years from now debating how to bring terrorists to justice.

The families of the 9/11 victims and the nation have been waiting five years for the perpetrators of these attacks to be brought to justice. They should not have to wait longer. We should get this right now - and we are not doing so by passing this bill. The National security policies of this administration and Republican Congress may have been tough, but they haven’t been smart. The American people are paying a price for their mistakes.

History will judge our actions here today. I am convinced that future generations will view passage of this bill as a grave error. I wish to be recorded as one who voted against taking this step.” - Harry Reid

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