Trust us

By Ellen Ratner

The Bush administration’s motto is “Trust us.” The people should never completely trust the government. Our Constitution was founded on the principle that no governing body deserves the complete trust of the people.

The founding fathers attempted to guard against the tyranny of the executive branch by instituting a well-defined system of checks and balances. This division of power between the executive, legislative and judicial branches is necessary to ensure we will never be ruled by a “King George” or any one man ever again.

Unfortunately, President George has done more to undermine the fabric of our democracy than any president in my lifetime. He prides himself on decisive leadership. He is singularly focused. Once he sets his course, nothing can alter it. The judicial and legislative branches are irritants or speed bumps to the president’s end game. And the American people are supposed to think this is strong leadership.

The only good that has come of the Iraq prison scandal is that the judicial and legislative branches are starting to wake up to the fact that the executive branch has gone off the ranch. So far, however, congressional hearings and judicial review have done little to stop the Bush administration from grabbing more power. The PATRIOT Act is a great example. The Bush administration wants to renew it and expand its power.

One of the most troubling aspects of the PATRIOT Act is it removes virtually all judicial review over suspects who may be linked to terrorism, as determined by the investigating body. To be suspected of being or helping a terrorist is tantamount to entering a Constitution-free zone.

Under the PATRIOT Act, your daughter could be investigated without her knowledge for dating an Arab man who might be a terrorist suspect. Of course, Attorney General John Ashcroft is quick to point out that this provision has not been used yet. Just because the government has the power to abuse individual rights, does not mean it will. Again, remember, the premise of the Constitution is that government does not deserve our trust with respect to due process without first being reviewed by an independent body, i.e., the judicial branch.

Shortly after the PATRIOT Act, came the term “illegal enemy combatant,” aka “The Invisible Man.” Unlike in the example above, the government not only has the right, but has already moved an American citizen into the Constitution-free zone without judicial review. His name is Jose Padilla.

The rest of the world is subject to the Bush administration’s arbitrary designation of “enemy combatant” as well. If a citizen of another country happens to wake up in Guantanamo or Afghanistan, he/she is an “enemy combatant.” There is no judicial review, no light at the end of the tunnel. The Geneva Conventions need not be applied either. It’s acceptable to make a “detainee” stand naked with a bag over their head for as long as it takes. Sodomy is not a problem. The discretion is left to the captors.

Last week, the Bush administration even clarified for the world that the prisoners in Guantanamo and Afghanistan are distinct from those in Iraq. What happened in Iraq was illegal and is abuse; what happens in Guantanamo and Afghanistan is legal and is not abuse. It’s obvious that the guards and interrogators in Iraq didn’t understand this.

But why are these acts so horrible in Iraq, but not so horrible in Afghanistan or Guantanamo? After all, the administration tells us that Iraq is supposed to be part of the war on terror, remember? In fact, the Bush administration only authorized one “combat medal” for both Iraq and Afghanistan because they are both part of the same war on terror.

What is to stop the United States from exporting an Iraqi prisoner to Guantanamo? What is the difference? I’m confused. If I’m confused, I can only imagine what is going through the minds of our troops in Iraq who are being shot at every day.

The bottom line is – as I have said many times in previous columns – we must stick to principle. Our Constitution will protect us – not President George. The same goes for the Geneva Conventions. It is in our self-interest to rise above the standards, not make excuses for undermining them.

Otherwise, we can be sure that what goes around comes around. In terms of the Bush administration, their motto would be more credible if it were changed to, “Do as I say, not as I do.”

Ellen Ratner

Ellen Ratner is the bureau chief for the Talk Media News service. She is also Washington bureau chief and political editor for Talkers Magazine. In addition, Ratner is a news analyst at the Fox News Channel. Read more of Ellen Ratner's articles here.