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Dan Darling on Two Terrorists and the McCain Torture Amendment

Dan Darling, who I hold in very high regard, has published three posts at Winds of Change that you should read.

Everything you ever wanted to know about Abu Hamza Rabia
From Russia with Love [on Abu Omar al-Saif]
and Torture and Domestic Wiretaps

In "Torture and Domestic Wiretaps", Dan seems to begin to reconsider his original enthusiastic support of the McCain Torture Amendment, thanks to some clarity from Thomas Holsinger on The Legal Flaws of the McCain Amendment.

Another aspect of the proposed amendment that no one seems to be taking note of is the fact that the language of the bill overtly and explicitly defers to the Army field manual on interrogations for legal definition of torture.

If, years from now, a room full of military officers decide to change that language, they will be in effect writing and changing federal law without the involvement of the elected Congress expressly and solely tasked with this responsiblity by the Constitution.

If the Framers were alive today, surely they would be clutching their chests struggling to catch their collective breath. This ammendment has implications even beyond the War on Terror, which, in my view, it already would seriously hinder for the reasons Thomas Holsinger ably states.