Due to the Thanksgiving holidays, the next blog post will be on Monday, November 28th.
Perhaps the high point for the IDC (intelligent design creationism) movement in recent times was the New York Times op-ed essay on July 7, 2005 by the supposedly influential Roman Catholic Cardinal Schonborn, where he seemed to advocate the IDC position about the alleged weaknesses of Darwinian natural selection. He said “The Catholic Church will again defend human reason by proclaiming that the immanent design evident in nature is real. Scientific theories that try to explain away the appearance of design as the result of “chance and necessity” are not scientific at all, but, as John Paul put it, an abdication of human intelligence.” He even went so far to say that Pope John Paul II’s statement saying that evolution “was more than just a hypothesis” could be ignored.
At that time, this op-ed caused a stir as it seemed like the Roman Catholic Church was setting itself up for another epic confrontation reminiscent of the one that it had with Galileo about Copernican theory. I suggested then that the cardinal’s stance was probably a trial balloon, perhaps initiated by the new Pope Benedict XVI, to see what the reaction might be. The reaction was swift and not good, even from within the Catholic Church.
The Catholic World News reports that:
The director of the Vatican Observatory has lashed out at proponents of the theory of Intelligent Design, the Italian news service ANSA reports.
“Intelligent design isn’t science, even if it pretends to be,” said Father George Coyne. He said that if the theory is introduced in schools, it should be taught in religion classes, not science classes.
In another story news story:
The Vatican has issued a stout defence of Charles Darwin, voicing strong criticism of Christian fundamentalists who reject his theory of evolution and interpret the biblical account of creation literally.
Cardinal Paul Poupard, head of the Pontifical Council for Culture, said the Genesis description of how God created the universe and Darwin’s theory of evolution were “perfectly compatible” if the Bible were read correctly.
His statement was a clear attack on creationist campaigners in the US, who see evolution and the Genesis account as mutually exclusive.
“The fundamentalists want to give a scientific meaning to words that had no scientific aim,” he said at a Vatican press conference. He said the real message in Genesis was that “the universe didn’t make itself and had a creator”.
This idea was part of theology, Cardinal Poupard emphasised, while the precise details of how creation and the development of the species came about belonged to a different realm – science. Cardinal Poupard said that it was important for Catholic believers to know how science saw things so as to “understand things better”.
His statements were interpreted in Italy as a rejection of the “intelligent design” view, which says the universe is so complex that some higher being must have designed every detail.
Further support for evolution came from Monsignor Gianfranco Basti, director of the Vatican project STOQ, or Science, Theology and Ontological Quest who reaffirmed John Paul’s 1996 statement that evolution was “more than just a hypothesis.”
“A hypothesis asks whether something is true or false,” he said. “(Evolution) is more than a hypothesis because there is proof.”
He was asked about comments made in July by Austrian Cardinal Christoph Schoenborn, who dismissed in a New York Times article the 1996 statement by John Paul as “rather vague and unimportant” and seemed to back intelligent design.
Basti concurred that John Paul’s 1996 letter “is not a very clear expression from a definition point of view,” but he said evolution was assuming ever more authority as scientific proof develops.
[I]n a lecture given at St. Stephen’s Cathedral in Vienna on Sunday, Schoenborn said that it was possible he had not expressed himself clearly.
“Such misunderstandings can be cleared up,” he said, according to a Reuters report.
The 60-year-old cardinal now says that there need not be an inherent conflict between divine creation and evolution. He says that one is a matter for religion, the other for science, and that the two disciplines are complementary.
Schoenborn said: “Without a doubt, Darwin pulled off quite a feat with his main work and it remains one of the very great works of intellectual history. I see no problem combining belief in the Creator with the theory of evolution, under one condition – that the limits of a scientific theory are respected.”
He explained that in his view, those limits would be overstepped if scientists claimed that evolution proves that there could be no creator. Since science has never made any such claim on evolution’s behalf, it looks like it’s still OK by the Vatican.
But Pope Benedict XVI is still not giving up this fight. On November 11, 2005 it is reported: “Pope Benedict XVI has waded into the evolution debate in the United States, saying the universe was made by an “intelligent project” and criticizing those who in the name of science say its creation was without direction or order.”
But the Pope seems to be missing the point. People are free to believe in any kind of designer they wish. However the practice of science is based on methodological naturalism, which rules out using any supernatural mechanisms in any scientific study of any natural phenomenon.
POST SCRIPT: Too considerate?
A woman tried to open a door to step outside to smoke a cigarette. The catch is that the door was on a plane which was flying from Hong Kong to Brisbane, Australia. She was arrested.
Those of you who regularly listen to NPR’s Morning Edition know that they are running a series called “This I Believe” where various people talk about the important beliefs in their lives. I have been listening on occasion and most contributors have expressed beliefs in motherhood-and-apple-pie kind of things. But Monday’s contribution by Penn Jillette (who describes himself as “the taller, louder half of the magic and comedy act Penn and Teller”) was striking in the way that he so closely echoed my own beliefs. You can read the transcript and listen to the audio here, but here are the passages that particularly resonated with me:
I believe that there is no God. I’m beyond Atheism. Atheism is not believing in God. Not believing in God is easy – you can’t prove a negative, so there’s no work to do.
So, anyone with a love for truth outside of herself has to start with no belief in God and then look for evidence of God. She needs to search for some objective evidence of a supernatural power.
Believing there’s no God means I can’t really be forgiven except by kindness and faulty memories. That’s good; it makes me want to be more thoughtful. I have to try to treat people right the first time around.
Believing there is no God means the suffering I’ve seen in my family, and indeed all the suffering in the world, isn’t caused by an omniscient, omnipresent, omnipotent force that isn’t bothered to help or is just testing us, but rather something we all may be able to help others with in the future. No God means the possibility of less suffering in the future.
Believing there is no God gives me more room for belief in family, people, love, truth, beauty, sex, Jell-o and all the other things I can prove and that make this life the best life I will ever have.
I thought it was rather nicely put.
POST SCRIPT: Harry Potter and the Goblet of Fire
I saw the latest Harry Potter film and it deserved all the praise that it is getting. It has been awhile since I saw a film so soon after reading the book on which it is based and I must say that I was impressed with the judicious selection of material from the book to go into the film. I also liked the way the screenwriter and director transferred Rowling’s vision onto the screen. Sometimes such transitions don’t work well but this was almost perfect. There was nothing at all jarring. The film was at once both faithful to the book and self-contained as a film, quite an achievement.
Some time ago, I speculated that the intelligent design creationism (IDC) movement might have jumped the shark and was on a downward slide. Some recent developments might suggest that I was premature is seeing the demise of IDC. After all, just last week, the state of Kansas formally adopted language in their science standards that sought to undermine natural selection. But that particular act was foregone conclusion once the elections in Kansas had produced a pro-IDC majority.
Up to that point, IDC had managed to gain some ground purely because it was based on a stealth strategy. IDC strategists realized that the courts would not allow any overtly religious doctrine to be taught in science classes. And it is not clear that most people would have liked that idea either, whatever their religious persuasion. People tend to see the function of science classes as being to teach science and instinctively sense the potential danger in mixing science with religion.
As a result of this, the IDC people had to go to great lengths to deny any religious underpinnings for their theory. Yet, since IDC advocates needed the support of their religious base in order to make any headway in their attempts to garner political support at the local and state levels to have IDC ideas included in science curricula, they had to perform this delicate balancing act of publicly disavowing any religious intent while privately letting their supporters know their true motivation.
But that balancing act has collapsed. It is pretty clear to everyone by now that the intelligent designer is a pseudonym for god, and alarm bells are going off all over as people start to become aware of the consequences of this stealth attack on science education. Interestingly, some of the most vocal critics of IDC have been people like George Will and Charles Krauthammer, people from the same ideological camp as many of the IDC proponents.
Let’s be clear. Intelligent design may be interesting as theology, but as science it is a fraud. It is a self-enclosed, tautological “theory” whose only holding is that when there are gaps in some area of scientific knowledge – in this case, evolution – they are to be filled by God.
In order to justify the farce that intelligent design is science, Kansas had to corrupt the very definition of science, dropping the phrase “natural explanations for what we observe in the world around us,” thus unmistakably implying – by fiat of definition, no less – that the supernatural is an integral part of science. This is an insult both to religion and science.
The school board thinks it is indicting evolution by branding it an “unguided process” with no “discernible direction or goal.” This is as ridiculous as indicting Newtonian mechanics for positing an “unguided process” by which Earth is pulled around the sun every year without discernible purpose. What is chemistry if not an “unguided process” of molecular interactions without “purpose”? Or are we to teach children that God is behind every hydrogen atom in electrolysis?
Strong words, especially from someone who earlier had downplayed the importance of the Kansas developments implying that, in the grand scheme of things, it did not really matter what the yokels in Kansas did. He seems to have belatedly realized that IDC is a profoundly retrograde development.
George Will on Nightline contrasts the openness of science to the approach of IDC:
It’s openness to discussion of testable hypotheses, falsifiable hypotheses, hypotheses for which you can conceive of contradicting evidence. And I do not believe that the adherents to the doctrine of Intelligent Design are open to that kind of evidence. I think what they say is that random, unguided evolution, without the purposefulness of God, is inconceivable. Now that is – may be true, but it’s not falsifiable, and therefore has no place in a science curriculum.
In another article, Will says:
Dover’s insurrection occurred as Kansas’s Board of Education, which is controlled by the kind of conservatives who make conservatism repulsive to temperate people, voted 6 to 4 to redefine science. The board, opening the way for teaching the supernatural, deleted from the definition of science these words: “a search for natural explanations of observable phenomena.”
“It does me no injury,” said Thomas Jefferson, “for my neighbor to say there are twenty gods, or no God. It neither picks my pocket nor breaks my leg.” But it is injurious, and unneighborly, when zealots try to compel public education to infuse theism into scientific education.
The IDC people needed people like Will and Krauthammer as allies and supporters if they were to make any headway on the national stage. They are influential opinion makers, appealing to that part of the political spectrum from which IDC draws much of its support. Losing them is not a good sign.
What is worse for IDC, people like Will and Krauthammer, whatever their private religious beliefs, generally view the public sphere as secular and write about politics from a secular perspective. Their disavowal of the IDC argument leaves the IDC camp being supported exclusively by people like Cal Thomas and Pat Robertson, people who openly want to see their particular version of Christianity dominate public life, who clearly see IDC as part of Christianity, and who are generally seen (Robertson in particular) as just plain nuts. Having such people on the IDC side does not really help their cause.
At some point, the official IDC stance that their designer is not god and that IDC has no religious intent is going to be so obviously at odds with the public perception of it that they will have to either confess to its true nature or be increasingly seen as treating the people as gullible fools.
Already there are signs that some of the tentative support the IDC camp has had in the past has started to peel away. Tomorrow we will look at some former supporters who are having second thoughts.
Many people wrongly assume that you cannot mention religion and god in the public schools. They speak of “god being driven out of the schools.” This is not correct. After all god and religion are necessary in order to understand much of US and world history and government and literature, to mention a few subjects. But the constitutional questions about what kinds of mention of god and religion are allowed and what are not are a little tricky and I want to briefly discuss them here. (The usual disclaimer: I am not even a lawyer, let alone an expert on constitutional law, so what follows is a lay person’s understanding of the issues.)
The relevant part of the US constitution is the first amendment that goes as follows:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The US constitution is admirably terse in its wording but this means that the US Supreme Court has to interpret its meaning, and over the years there have been some landmark decisions that have formed the basis for subsequent rulings.
The key portion of the first amendment as it pertains to the religion in schools issue is the so called ‘establishment clause’ that the amendment starts with, that says ” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
The key interpretation of this clause was provided in 1947 by Justice Hugo Black in the case of Everson v. Board of Education (330 U.S. 1, 15-16 (1947) where he wrote:
The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church-attendance or non-attendance. No tax, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or what ever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause … was intended to erect a wall of separation between church and State.” (my italics)
But how do you judge whether this Jeffersonian ‘wall of separation’ has been breached? This was further clarified in 1971 in the case Lemon v. Kurtzman (403 U.S. 602, 612-613 (1971)), the result of which has been the adoption of the ‘Lemon’ test to see if any government action has violated these sections of the first amendment. For legislation to pass the constitutional requirements of the establishment clause, the “Lemon’ test says the legislation must meet three criteria:
First, the statute must have a secular legislative purpose;
Second, its principal or primary effect must be one that neither advances nor inhibits religion;
Finally, the statute must not foster “an excessive government entanglement with religion.”
So the judge in the Dover, PA case will have to rule whether allowing IDC ideas to be advocated by the school board passes all three items in the Lemon test.
The Lemon test explains why it is permissible to bring in god and religion into history and literature courses, because if taught correctly, it can meet those criteria. But in the IDC case, the only “secular legislative purpose” that I can see seems to be to show students a specific alternative to natural selection. I do not find that convincing since it is by now apparent to everyone that the alternative selected by them is based on a specific religious belief and that they see undermining natural selection as a necessary step towards adoption of their religious belief.
Furthermore, if the judge determines that IDC is a religious belief, then it would be hard to pass the third test.
In an previous posting, I discussed the legal history of the “religion in schools” issue, and especially the important role that the 1987 Louisiana case played in determining the current IDC strategy. In its 1987 decision against the teaching of creation science in Louisiana, the Supreme Court ruled 7-2 that it did so because the legislation “lacks a clear secular purpose” and went on to add that “The Act impermissibly endorses religion by advancing the religious belief that a supernatural being created humankind. The legislative history demonstrates that the term “creation science,” as contemplated by the state legislature, embraces this religious teaching.” The decision said that the creation science legislation failed all three Lemon tests. This is why the IDC people are trying to avoid at all costs being tarred with “creationist” label. It is the kiss of death.
It is hard to see how the judge in the Dover case can avoid coming to a similar conclusion with IDC, despite the strenuous efforts of IDC strategists to hide its creation science roots.
For these reasons, I expect the judge to rule against the (former) Dover school board. But as I said, I am not an expert on constitutional law, so don’t bet the farm on this prediction.
Now that there is a new school board elected in Dover, there is an interesting wrinkle to this story.
The new school board ran on a platform that did not call for the complete elimination of IDC from the schools. They said that it should be taught, except not in science classes. They said that it should be taught as part of an elective comparative religion class, so that students who want to learn about it could do so.
This seems like a reasonable policy. After all, although the winners of the election obtained a clean sweep of all the contested seats on the school board, they were careful to point out that it could not be really be considered an overwhelming mandate since the margins separating the winners and losers was very small. This was a refreshing piece of political honesty, unlike the case of President Bush claiming in 2004 that he had a mandate to make huge changes after winning just slightly more than 50% of the vote.
It is clear that the school board winners are mindful of the fact that there are a lot of IDC supporters in their community (possibly even among their own ranks) and it made sense to provide some accommodation to those people.
As far as I can tell, there are no constitutional problems with teaching comparative religion in schools and including IDC ideas in such a course. But by advocating what they may have seen as a gracious compromise, the new school board may have unwittingly created a major headache for IDC supporters. (Or maybe they did this wittingly, I don’t know.)
If I were an IDC advocate, here is the dilemma I face with this offer to teach IDC in a comparative religion class. If I allow IDC ideas to be taught in such a class, would it not be a tacit admission that IDC is, in fact, a religion? If so, wouldn’t it undermine the carefully constructed story that IDC is not a religious belief, and cause problems in Kansas and elsewhere? Remember that the goal of the IDC people is to include IDC ideas nationwide in science classes as a means of undermining the teaching of evolution and natural selection. Having it taught in a religion class would not only not advance this goal, it would set it back.
On the other hand, on what grounds can I (still playing the role of IDC advocate) challenge the inclusion of IDC in a comparative religion class? There don’t seem to be any constitutional concerns (to be discussed in a later posting), so I would not seem to have a legal case. I would have to argue that since IDC is not a religion, teaching it in comparative religion is going outside the curriculum of a religious studies course.
But that will be a hard sell. The curricula in social studies and the humanities do not have the paradigmatic structure of the sciences where there is a fairly clear consensus on what does and does not belong in science classes, especially in K-12 classes. The former curricula are much more flexible and so it will be hard to argue for the exclusion of IDC ideas from a comparative religion class. After all, the winks and nudges that IDC advocates gave their supporters to indicate that even though they did not say ‘god’ they really were meaning god, will now come back to haunt them, because by now everyone knows that the words ‘intelligent designer’ is code for god.
Take Pat Robertson (please!), who can always be counted upon to say the wrong and idiotic thing. He is upset with the citizens of Dover for the way they voted and since he has god’s unlisted number, he knows for a fact that god is ticked off as well. He said: “I’d like to say to the good citizens of Dover. If there is a disaster in your area, don’t turn to God, you just rejected Him from your city. And don’t wonder why He hasn’t helped you when problems begin, if they begin. I’m not saying they will, but if they do, just remember, you just voted God out of your city. And if that’s the case, don’t ask for His help because he might not be there.” (See here for the video. It always amazes me that Pat Robertson can say the most absurd things but as long as he maintains an even tone of voice and smiles as he speaks, the media don’t treat him as a certifiable wacko. Watching the video it is hard to escape the sense that Robertson is hoping for some disaster to strike Dover in order to make the people there see the error of their ways.)
So Pat Robertson is convinced and openly saying that the intelligent designer is god. Since Robertson is not the brightest bulb in the chandelier, it is a safe bet that if he has figured out that the intelligent designer is god, then so has pretty much anybody with a pulse. And, most importantly, this will not have escaped the notice of federal judges who have to rule on the constitutionality of including IDC in science classes.
The IDC strategy of trying to conceal the religious basis of their theory by using neutral language, while using nudges and winks to their religious supporters to signal their covert agenda, was always heading for this kind of collision. Covert strategies work only when they are not widely publicized. Now that IDC has become high profile, its religious foundations have become clear to everyone and trying to hide it becomes obviously and embarrassingly disingenuous. Paradoxically, becoming well known might turn out to be the undoing of IDC.
IDC’s grass-roots supporters in Dover, who may not be fully tuned to the grand IDC wedge strategy, might take offence if the IDC top brass try to argue that if IDC is not allowed in science classes, then it should not be allowed anywhere else in the curriculum. After all, all other disciplines (science included) would be delighted if other disciplines included their subject in their teaching plans. My feeling is that the grass roots supporters of IDC in Dover want it taught somewhere in their schools and if they can’t get it in the science classes, they would settle for it in other classes, even if it torpedoes the case that IDC is not religious. Most people care a lot more about local issues than grand strategies.
It will be interesting to see how the strategists at IDC headquarters deal with this problem.
POST SCRIPT: US admits use of white phosphorus weapons in Fallujah
In a previous post, I discussed the allegations of the use by US forces of the lethal chemical white phosphorus in the attack on Fallujah in November 2004. The BBC now confirms that story saying “The US has now admitted using white phosphorus as a weapon in Fallujah last year, after earlier denying it.”
It is interesting that the foreign press is giving much more play to this story than the US print media. Members of the British parliament are calling for an inquiry and even the Iraqi government has ordered an inquiry in response to the anger that has been generated by these reports. (I don’t watch TV news so don’t know if it received much coverage in that medium.) In the Plain Dealer it was a one paragraph story in the “Nation” news summary column on the back page of the front section, easily missed by the casual reader.
This lack of coverage in the US of things like this explains why people here keep being baffled by the depth of hostility that some Iraqis exhibit towards the US presence. When the next atrocity occurs against US troops or contractors or even some hapless journalist or civilian who happens to be the victim of a reprisal, people will wonder what caused such behavior and ask bewilderedly “Why do they hate us? Aren’t we trying to help them?”
It is time to take stock of what is going on in the Intelligent Design Creationism (IDC) front in the wake of the events of the past week and to see what it might all mean. The federal trial about whether the Dover school board’s policy on IDC was constitutional ended on Friday, November 4. The judge has said that he will deliver his ruling before January. The lawsuit was triggered when the school board had ordered that at the beginning of ninth grade science classes, a statement would be made to students questioning Darwinian evolution and telling students to read a book called Of Pandas and People, many copies of which had been provided to the school. (I will discuss the legal issues involved in this case in a future posting.)
On November 9, the British parliament rejected Prime Minister Tony Blair’s attempt to detain terrorism suspects without charge for up to 90 days, although they were willing to make the limit 28 days. It was Blair’s first defeat and shows how nervous the British MPs are about diluting the protections of habeus corpus.
For those of you not aware of the origins of habeus corpus, it was a law passed by the British parliament in 1679, under pressure from the public, to limit the indefinite detention of people by the King’s officials. Habeus corpus is a writ “ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.” It was designed as a countermeasure to the tyranny of despots.
As Paul Craig Roberts (former associate editor of the Wall Street Journal and a former assistant secretary of the U.S. Treasury during the Reagan administration) points out: “Habeas corpus is essential to political opposition and the rise and maintenance of democracy. Without habeas corpus, a government can simply detain its opponents. Nothing is more conducive to one party rule than the suspension of habeas corpus.”
And yet, he points out, on November 10, the very next day after that British vote, the US Senate voted 49 to 42 to add an amendment to a defense bill that will overturn the US Supreme Court’s 2004 ruling that permits Guantanamo detainees to challenge their detentions. The defense bill itself comes up for a vote soon.
According to the Washington Post (Nov. 11), there are 750 detainees at Guantanamo. These people have been held for 3 or 4 years. If the Bush administration had any evidence against them, it would be a simple matter to file charges.
But the Bush administration does not have any evidence against them. Most of the detainees are innocent travelers and Arab businessmen who [were] captured by warlords and armed gangs and sold to the Americans who offered payments for “terrorists.”
The reason so many of them have been tortured is that the Bush administration has no evidence against them and is relying on pain and the hopelessness of indefinite detention to induce self-incrimination. The Bush administration is desperate to produce some “terrorists.”
Roberts then asks: “What has become of the American people that they permit the despicable practices of tyrants to be practiced in their name?”
Good question. In most countries that have habeus corpus protections, they can still be suspended in times of national emergency. But are we in a state of emergency now? Hardly, despite the present administration’s attempts to keep everyone in a state of permanent panic and fear using anything at hand such as color-coded alerts and bird flu alarms. But panic and fear needs to be created so that people will acquiesce in the gutting of their fundamental rights and liberties.
When you lose habeus corpus, you have become, in effect, a police state where people can be deprived of their liberty without recourse to the law. Most people do not pay much attention to it because they feel that, as law abiding citizens minding their own business, they have no fear of arbitrary arrest and detention. It is tempting to think that only the guilty need fear such treatment and that the rest of us are immune and that therefore we can ignore this loss.
But this gives too much credit to the accuracy and efficiency of the law enforcement authorities. Those bodies can make mistakes and names and data can get mixed up, resulting in completely innocent people being suddenly sucked into places completely alien to them, where the normal rules of society that we count on to protect us no longer apply. In addition, all that your personal enemies have to do is to whisper to the authorities that you are a threat and there is nothing to prevent you from being hauled away in the middle of the night and never being heard from again. It is a great way to get the state involved in settling private grievances and vendettas, as people living in police states have found out. Once the authorities have arrested someone without any basis, even if they discover their error, there is a temptation to keep holding them in isolation because once innocent people are released they can embarrass the authorities about the facts of their false arrest and detention.
Take, for example, this article in yesterday’s Washington Post by P. Sabin Willett, a lawyer who represents Guantanamo detainees on a pro-bono basis, as he pondered the US Senate vote to remove the habeus corpus protections:
I wished the senators could meet my client Adel.
Adel is innocent. I don’t mean he claims to be. I mean the military says so. It held a secret tribunal and ruled that he is not al Qaeda, not Taliban, not a terrorist. The whole thing was a mistake: The Pentagon paid $5,000 to a bounty hunter, and it got taken.
The military people reached this conclusion, and they wrote it down on a memo, and then they classified the memo and Adel went from the hearing room back to his prison cell. He is a prisoner today, eight months later. And these facts would still be a secret but for one thing: habeas corpus.
Only habeas corpus got Adel a chance to tell a federal judge what had happened. Only habeas corpus revealed that it wasn’t just Adel who was innocent — it was Abu Bakker and Ahmet and Ayoub and Zakerjain and Sadiq — all Guantanamo “terrorists” whom the military has found innocent…
Adel lives in a small fenced compound 8,000 miles from his home and family…He has no visitors save his lawyers. He has no news in his native language, Uighur. He cannot speak to his wife, his children, his parents. When I first met him on July 15, in a grim place they call Camp Echo, his leg was chained to the floor. I brought photographs of his children to another visit, but I had to take them away again. They were “contraband,” and he was forbidden to receive them from me…
Mistakes are made: There will always be Adels. That’s where courts come in. They are slow, but they are not beholden to the defense secretary, and in the end they get it right. They know the good guys from the bad guys. Take away the courts and everyone’s a bad guy.
The secretary of defense chained Adel, took him to Cuba, imprisoned him and sends teams of lawyers to fight any effort to get his case heard. Now the Senate has voted to lock down his only hope, the courts, and to throw away the key forever.
Adel’s case ilustrates why habeus corpus matters. As long as it is there, people cannot just ‘disappear.’ It is the one provision in the law on which all the other freedoms rest. The knowledge that we have the right to be speedily brought before a magistrate, to be seen in public, to be told of the charges against us, and to tell our side of the story to someone who is not our captor, provides us with at least some safeguard against arbitrary arrest and torture. And this is why governments always try to take habeus corpus away, so that they are free to do whatever they want to whomever they want.
The right of habeus corpus should be guarded zealously. We should be really concerned that no less a body than the US Senate is willing to give it away so freely.
POST SCRIPT: Stupid or Lying?
Once again, cartoonist Tom Tomorrow asks the important questions.
A video has emerged of the battle of Fallujah, initiated just after the US elections in 2004, showing the destruction that was wreaked there. This documentary, which lasts about 30 minutes, is in English and was produced by a major Italian broadcasting network called RAI. It interviews former US soldiers who had been involved in the battle, journalists, people in and from Fallujah, and a British parliamentarian who quit in disgust at the British government’s complicity in the Iraq war.
In July 1983, during the week of mob rule in Sri Lanka triggered by the killing of 13 government soldiers by Tamil separatist guerillas, a large number of Tamil prisoners in one of the government jails were brutally murdered by their fellow inmates in ways that are too gruesome and harrowing to describe here. Since the Tamil prisoners were suspected of being separatist rebels, they had been held in a separate section of the prison from the Sinhala prisoners who had murdered them, so the question naturally arose as to how these this atrocity could have been committed.
The ‘official’ story put out by the government was that the Sinhala prisoners had overcome their guards, taken their keys, released themselves, obtained various weapons, gained access to the Tamil prisoners, murdered them, and then returned to their own cells voluntarily.
This story was so preposterous that no thinking person would give it any credence. It was obvious that there had to be collusion between the prison authorities and the Sinhala prisoners to kill the Tamil prisoners as an act of revenge for the killing of the Sinhala soldiers by Tamil separatist guerillas.