December, 13 2011, 08:06am EDT
CCR Urges President Obama To Veto National Defense Authorization Act
U.S. Citizens’ Right to Trial at Stake
WASHINGTON
In the wake of the House-Senate conference's approval of the controversial National Defense Authorization Act (NDAA), the Center for Constitutional Rights (CCR) issued the following statement:
CCR urges President Obama to veto the NDAA. If he doesn't, he will bear the blame for making indefinite military detention without trial a permanent feature of the U.S. legal system. He will be responsible for signing into law one of the greatest expansions of executive power in our nation's history, allowing the government to lock up citizens and non-citizens without the right to fair trial. Indefinite detention is contrary to the most fundamental principles of the rule of law.
The NDAA would essentially prevent President Obama from bringing men from Guantanamo to the U.S. for trial and severely curtail his ability to resettle them in third countries. More than half of the men currently detained at Guantanamo - 89 of the 171 - have been unanimously cleared by the CIA, FBI, NSC and Defense Department for transfer or release. Yet no one has been transferred since last January, when Congress created restrictions similar to those in the NDAA. This marks the longest period without a transfer in the prison camp's entire 10-year history and only underscores the president's broken promise and failure to close Guantanamo.
As Obama himself, along with President Bush and NDAA co-sponsor Senator John McCain, acknowledged during the presidential campaign, Guantanamo's very existence makes us less safe. Indeed, Guantanamo, Obama's forever prison, has become a global symbol of human rights violations by a country that claims to be the world leader of freedom.
Are these the legacies Obama, the one-time professor of constitutional law, wants for his presidency?
CCR has led the legal battle over Guantanamo for the last 10 years - representing clients in two Supreme Court cases and organizing and coordinating hundreds of pro bono lawyers across the country to represent the men at Guantanamo, ensuring that nearly all have the option of legal representation. Among other Guantanamo cases, the Center represents the families of men who died at Guantanamo, and men who have been released and are seeking justice in international courts. In addition, CCR has been working through diplomatic channels to resettle men who remain at Guantanamo because they cannot return to their country of origin for fear of persecution and torture.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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Dems Urge Biden to Limit Presidential Authority to Launch Nuclear War Before Trump Takes Charge
"As Donald Trump prepares to return to the Oval Office, it is more important than ever to take the power to start a nuclear war out of the hands of a single individual and ensure that Congress's constitutional role is respected and fulfilled," wrote Sen. Edward Markey and Rep. Ted Lieu.
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Two Democratic lawmakers sent a letter to outgoing U.S. President Joe Biden Thursday, urging him to place more checks on potential nuclear weapons use by mandating that a president must obtain authorization from Congress before initiating a nuclear first strike.
The letter writers, Sen. Edward Markey (D-Mass.) and Rep. Ted Lieu (D-Calif.), argue that "such a policy would provide clear directives for the military to follow: A president could order a nuclear launch only if (1) Congress had approved the decision, providing a constitutional check on executive power or (2) the United States had already been attacked with a nuclear weapon. This would be infinitely safer than our current doctrine."
The two write that time is of the essence: "As Donald Trump prepares to return to the Oval Office, it is more important than ever to take the power to start a nuclear war out of the hands of a single individual and ensure that Congress's constitutional role is respected and fulfilled."
The Constitution vests Congress, not the president, with the power to declare war (though presidents have used military force without getting the OK from Congress on multiple occasions in modern history, according to the National Constitution Center).
During the Cold War, when nuclear weapons policy was produced, speed was seen as essential to deterrence, according to Jon Wolfsthal, the director of global risk at the Federation of American Scientists, who wrote an op-ed for The Washington Post last year that makes a similar argument to Markey and Lieu.
"There is no reason today to rely on speedy decision-making during situations in which the United States might launch first. Even as relations with Moscow are at historic lows, we are worlds removed from the Cold War's dominant knife's-edge logic," he wrote.
While nuclear tensions today may not be quite as high as they were during the apex of the Cold War, fears of nuclear confrontation have been heightened due to poor relations between the United States and Russia over the ongoing war in Ukraine, among other issues. Last month, Russian President Vladimir Putin signed a decree lowering the threshold for potential nuclear weapons use not long after the U.S. greenlit Ukraine's use of U.S.-supplied long range weapons in its fight against Russia.
This is not the first time Markey and Lieu have pushed for greater guardrails on nuclear first-use. The two are the authors of the Restricting First Use of Nuclear Weapons Act, a proposed bill first introduced in 2017 that would bar a U.S. president from launching a nuclear first strike without the consent of Congress.
"We first introduced this act during the Obama administration not as a partisan effort, but to make the larger point that current U.S. policy, which gives the president sole authority to launch nuclear weapons without any input from Congress, is dangerous," they wrote.
In their letter, Markey and Lieu also recount an episode from the first Trump presidency when, shortly after the January 6 insurrection, Chairman of the Joint Chiefs of Staff General Mark Milley ordered his staff to come to him if they received a nuclear strike order from Trump.
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In a briefing paper titled The Sky Rained Missiles, Amnesty "documented four illustrative cases in which unlawful Israeli strikes killed at least 49 civilians" in Lebanon in September and October amid an Israel Defense Forces (IDF) campaign of invasion and bombardment that Lebanese officials say has killed or wounded more than 20,000 people.
"Amnesty International found that Israeli forces unlawfully struck residential buildings in the village of al-Ain in northern Bekaa on September 29, the village of Aitou in northern Lebanon on October 14, and in Baalbeck city on October 21," the rights group said. "Israeli forces also unlawfully attacked the municipal headquarters in Nabatieh in southern Lebanon on October 16."
Erika Guevara Rosas, Amnesty's senior director for research, advocacy, policy, and campaigns, said in a statement that "these four attacks are emblematic of Israel's shocking disregard for civilian lives in Lebanon and their willingness to flout international law."
The September 29 attack "destroyed the house of the Syrian al-Shaar family, killing all nine members of the family who were sleeping inside," the report states.
"This is a civilian house, there is no military target in it whatsoever," village mukhtar, or leader, Youssef Jaafar told Amnesty. "It is full of kids. This family is well-known in town."
On October 16, Israel bombed the Nabatieh municipal complex, killing Mayor Ahmad Khalil and 10 other people.
"The airstrike took place without warning, just as the municipality's crisis unit was meeting to coordinate deliveries of aid, including food, water, and medicine, to residents and internally displaced people who had fled bombardment in other parts of southern Lebanon," Amnesty said, adding that there was no apparent military target in the immediate area.
In the deadliest single strike detailed in the Amnesty report, IDF bombardment believed to be targeting a suspected Hezbollah member killed 23 civilians forcibly displaced from southern Lebanon in Aitou on October 14.
"The youngest casualty was Aline, a 5-month-old baby who was flung from the house into a pickup truck nearby and was found by rescue workers the day after the strike," Amnesty said.
Survivor Jinane Hijazi told Amnesty: "I've lost everything; my entire family, my parents, my siblings, my daughter. I wish I had died that day too."
As the report notes:
A fragment of the munition found at the site of the attack was analyzed by an Amnesty International weapons expert and based upon its size, shape, and the scalloped edges of the heavy metal casing, identified as most likely a MK-80 series aerial bomb, which would mean it was at least a 500-pound bomb. The United States is the primary supplier of these types of munitions to Israel.
"The means and method of this attack on a house full of civilians likely would make this an indiscriminate attack and it also may have been disproportionate given the presence of a large number of civilians at the time of the strike," Amnesty stressed. "It should be investigated as a war crime."
The October 21 strike destroyed a building housing 13 members of the Othman family, killing two women and four children and wounding seven others.
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Guevara Rosas said: "These attacks must be investigated as war crimes. The Lebanese government must urgently call for a special session at the U.N. Human Rights Council to establish an independent investigative mechanism into the alleged violations and crimes committed by all parties in this conflict. It must also grant the International Criminal Court jurisdiction over Rome Statute crimes committed on Lebanese territory."
"Israel has an appalling track record of carrying out unlawful airstrikes in Gaza and past wars in Lebanon taking a devastating toll on civilians."
Last month, the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in connection with Israel's 433-day Gaza onslaught, which has left more than 162,000 Palestinians dead, maimed, or missing in the embattled enclave.
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The United States—which provides Israel with tens of billions of dollars in military aid and diplomatic cover—has also been accused of complicity in Israeli war crimes in Palestine and Lebanon.
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Echoing recent warnings from economists, business leaders, news reporting, and immigrant rights groups, Democrats on the congressional Joint Economic Committee detailed Thursday how President-elect Donald Trump's planned mass deportations "would deliver a catastrophic blow to the U.S. economy."
"Though the U.S. immigration system remains broken, immigrants are crucial to growing the labor force and supporting economic output," states the new report from JEC Democrats. "Immigrants have helped expand the labor supply, pay nearly $580 billion a year in taxes, possess a spending power of $1.6 trillion a year, and just last year contributed close to $50 billion each in personal income and consumer spending."
There are an estimated 11.7 million undocumented immigrants in the United States, and Trump—who is set to be sworn in next month—has even suggested he would deport children who are American citizens with their parents who are not and attempt to end birthright citizenship.
Citing recent research by the American Immigration Council and the Peterson Institute for International Economics, the JEC report warns that depending on how many immigrants are forced out of the country, Trump's deportations could:
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- Cost 44,000 U.S.-born workers their jobs for every half a million immigrants who are removed from the labor force.
Highlighting how mass deportations would harm not only undocumented immigrants but also U.S. citizens, the report explains that construction worker losses would "make housing even harder to build, raising its cost," and "reduce the supply of farmworkers who keep Americans fed as well as the supply of home health aides at a time when more Americans are aging and requiring assistance."
In addition to reducing home care labor, Trump's deportation plan would specifically harm seniors by reducing money for key government benefits that only serve U.S. citizens. The report references estimates that it "would cut $23 billion in funds for Social Security and $6 billion from Medicare each year because these workers would no longer pay into these programs."
Sen. Martin Heinrich (D-N.M.), who chairs the JEC, said Thursday that "as a son of an immigrant, I know how hard immigrants work, how much they believe in this country, and how much they're willing to give back. They are the backbone of our economy and the driving force behind our nation's growth and prosperity."
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Along with laying out the economic toll of Trump's promised deportations, the JEC report makes the case that "providing a pathway to citizenship is good economics. Immigrants are helping meet labor demand while also demonstrating that more legal pathways to working in the United States are needed to meet this demand."
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The JEC report followed a Senate Judiciary Committee hearing on Tuesday that explored how mass deportations would not only devastate the U.S. economy but also harm the armed forces and tear apart American families.
In a statement, Vanessa Cárdenas, executive director of the advocacy group America's Voice, thanked Senate Judiciary Committee Chair Dick Durbin (D-Ill.) "for calling this important discussion together and shining a spotlight on the potential damage."
Cárdenas pointed out that her group has spent months warning about how Trump's plan would "cripple communities and spike inflation," plus cause "tremendous human suffering as American citizens are ripped from their families, as parents are separated from their children, or as American citizens are deported by their own government."
"Trump and his allies have said it will be 'bloody,' that 'nobody is off the table,' and that 'you have to send them all back,'" she noted, arguing that the Republican plan will "set us back on both border control and public safety."
Cárdenas concluded that "America needs a serious immigration reform proposal—with pathways to legal status and controlled and orderly legal immigration—which recognize[s] immigrants are essential for America's future."
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