Today, John Warner - along with Lindsey Graham of South Carolina and John McCain of Arizona - is once again showing his integrity, this time standing up to the Bush White House on military tribunals for suspected terrorists.
According to the Washington Post:
Key Republican senators have drafted a legislative plan for special military trials of suspected terrorists that diverges from a recent Bush administration plan by granting defendants rights that the White House has sought to proscribe, government officials said yesterday.Under the lawmakers' plan, any future military trials of the nearly 200 eligible U.S. detainees held in military prisons at Guantanamo Bay, Cuba, and other locations around the world would be governed by a law that explicitly ensures that defendants have the right to know the evidence against them.
Not surprisingly, the authoritarian, thuggish Bush White House is trying "stymie what it views as an act of party rebellion on the matter." Will John Warner cave to White House pressure? Here's what Josh Marshall of Talking Points Memo thinks:
Warner, I don't see where he gets rolled. He's almost 80. Been a senator for twenty-five years. Been married to Liz Taylor. Opposed a Republican senate candidate from his own state. I think he sticks.
I agree with Josh Marshall. Nobody can push John Warner around, not even the bully boys and waterboarding enthusiasts in the White House. Certainly, not when it comes to fundamental American values like the right to hear the evidence against you in a court of law.
Unfortunately, Virginia has ANOTHER Senator - the JUNIOR Senator - who is simply a 97% rubberstamp for Bush, Cheney, Rove and Company. Can you imagine George Allen EVER standing up to a White House - ANY White House - as John Warner is doing here? Of course not, and it's a dereliction of his duty as a US Senator, to the oath that he swore in January 2001.
Now, just imagine for a moment that in January 2007, Virginia is represented in the US Senate by John Warner, a man who won't be pushed around, and Jim Webb, a man who was "born fighting." Two former Navy Secretaries. Two former Marines. Two men of principle. Two men who think for themselves. Two men with no fear of bullies. Now, would that make you proud to be a Virginian or what?
Lowell Feld is Netroots Coordinator for the Jim Webb for US Senate Campaign. The ideas expressed here belong to Lowell Feld alone, and do not necessarily represent those of Jim Webb, his advisors, staff, or supporters.
One concern is that the Bush proposal could turn these military tribunals into a kind of kangaroo court, with a liklihood of rushing to judgement. If they convict the wrong person, the perpetrator will be free to commit more crimes.
I like what Warner is doing, but like the idea of trying terror suspects in the civil courts better.
I'm not surprised he's taken the righteous stand on the issue, and I don't even have any cynical "underthoughts" about his motives (which I do about McCain; a year ago, he too had my respect. Now...)
I think it could be the difference of having the military experience that makes him insist on fair and open courts for the suspect terrorrist (innocent until proven guilty) detainees and be aginst torture; he's likely to know that the "fruit of the poison tree" is worth less than horse apples as evidence.
And I'm not sure that I don't prefer the military courts over the civilian ones in this case. There's been a lot of "protect our own" in the military courts trying US soldiers for various abuses, but that's different. It seems that it's actually the military lawyers that have been pushing for fairer hearings for detainees. While, in a civil court, they'd be likely to be pushed to a court where Alito and Roberts clones rule. And then there'd be appeals on appeals, ending at the SCOTUS, where Alito and Roberts, and Scalia and Thomas *do* rule (with Kennedy on the fence and recently in ill health). Years and years, millions and millions, and a 70yr old detainee in a wheelchair is likely to disappear, because hit's inconvenient to release him after he'd been tortured. Not to mention that the civil courts would likely be refused a close look at the evidence -- "classified material", you know...
Actually, I strongly suspect that, deep down, he'd very much like the opportunity to work with Jim Webb--whom he's surely known for years--in the Senate. May he have that opportunity soon!
And in the meantime, thank God for his integrity on this overridingly important issue.