Steve Reads

In the middle of an otherwise standard George Will attack on the purported unreality of Democrats, we get this stunning line:

Bush believes, as most Americans always have, in natural rights: He believes a particular kind of civic order — democracy, representation, the rule of law, a large sphere of privacy and individual autonomy — is right for the fulfillment of human nature.

I’m almost too shocked to comment on this. Has Will paid attention to what Bush has actually done in the U.S.? Did he notice Abu Ghraib? Did he notice the White House-commissioned report explaining why the president has the right to order torture? Has he heard about Denny Hastert’s bill to allow “extraordinary rendition” — i.e., sending terrorism suspects to countries where they may be tortured?

Actually, let’s focus on that torture bill for a while. First of all, it is included deep within the bill implementing the 9/11 Commission’s recommendations, though — as far as I can tell — it has nothing to do with that report (my cache — 2.4 MB PDF).

Second, this bill violates the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, Article 3 clause 1 of which reads, “No State Party shall expel, return (‘refouler’) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” The U.S. signed this bill in 1988 and ratified it in 1994.

Third, after the torture of Maher Arar, and those at Abu Ghraib, can we really afford the reputation that this gives us?

Fourth, the bill places the burden of proof on he who is going to be extradited:

(3) BURDEN OF PROOF- The revision shall also ensure that the burden of proof is on the applicant for withholding or deferral of removal under the Convention to establish by clear and convincing evidence that he or she would be tortured if removed to the proposed country of removal.

Fifth, the bill takes these extraditions out of the court system altogether:

(b) Judicial Review- Notwithstanding any other provision of law, no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).

This is what Bush supports: torturing foreigners. And Will has the gall to insist on Bush’s adherence to principles of universal human rights?