A letter to my congressman

Paradise Lost

by: Jeff Schmidtke

"I believe persistent political rhetoric has leaked into my conscience, and hearing myth after myth of the possible effects writing local congress(persons) may have… it is time I play my role in this free and democratic society we are all blessed to be a part of."

Dear Senator Landrieu,

Over the course of the last three years, actions of a certain enemy state (whether purposeful or not) have focused my attention more closely on the actions of this country. With nearly 3,000 lives lost in the World Trade towers and now approaching 700 US soldiers in Iraq, I feel it’s important to show a more supportive role. It seems I have learned quit a bit in these speedy three years, particularly about freedom, democracy, and patriotism.

I believe persistent political rhetoric has leaked into my conscience, and hearing myth after myth of the possible effects writing local congress(persons) may have… it is time I play my role in this free and democratic society we are all blessed to be a part of.

The subject that I cannot resist speaking about (which, of late, has gained major momentum) is the treatment, legality, and publicity the detainees held in Guantanamo Bay are receiving. As my representative, the representative of Louisiana, the country, and the world at large, I urge you to please give considerable thought to the points I’d like to make… You are in an extremely privileged position, which can influence a tremendous amount.

In a February 2004 meeting at the US Department of Defense, deputy assistant for special operations and low intensity conflict Paul Butler gave an incredibly informative, refurbishing speech to the public regarding the acts of horror conducted by al Qaeda in the global war on terror. To paraphrase, roughly 25 cited acts of terror were used as examples proving Bin Laden and his makeshift army are at war with the United States, her allied nations, and their interests. Acts of terror ranging from spoken threats, to the millennium plot, to embassy bombings, to military targets, commercial flights, car bombs, suicide bombs, artillery attacks on soldiers and civilians, recruitment videos, training camps, and last but not least… 9/11 (Butler, 2004).

His speech gave a renewed sense that our nation is in the middle of a justifiable war and an unconventional one at that. No matter how justifiable a war may seem, considerations must be taken when dealing with the prisoners of a war. We have learned very recently that criminal acts have taken place in certain prison camps across Iraq. Videos, photographs, and spoken words give light to the injustices and humiliations that have occurred, which has significantly weakened the ‘awesome’ reputation we had once held. With proof beyond reasonable doubt, and a sobering confession from the Secretary of Stare Donald Rumsfeld, we have ultimately learned that treatment given to captured combatants has not been upheld to the standards set.

Learning of these injustices in Iraq, we must not be quick to forget of the 600+ detainees held at Guantamo Bay, Cuba. Similar confessions by major players, such as Secretary Rumsfeld, may become more consistent given the actions that have occurred in Cuba.

Certain complaints have occurred over the last two years regarding the captivity and treatment of detainees at Camp Delta in Guantamo Bay. In March 2004, the New York Times reported on the allegations of mistreatment. The accounts were by released Afghan prisoners and detailed enforced deprivation, cruelty, beatings and planned humiliation (Lewis, 2004). Lewis (2004) continues to note that human rights groups and relatives of those detained have said that the United States has committed a gross injustice by imprisoning many people who were in Afghanistan or Pakistan for reasons other than joining the Taliban or fighting for al Qaeda.

In another March 2004 article, the New York Times reported on three Afghan youths, ages ranging from 12 – 15 that were held captive for more than a year at Guantanamo Bay on suspicion of belonging to the Taliban. The boys, after one year of confinement, were released when intelligence showed there was never a connection to the Taliban. One of the boys, Ismail, was told by the US military that, “You were wrongly detained” (Gall, 2004). The Times also reported more juveniles were being held in Cuba, even after the International Committee of the Red Cross expressed concern that Guantanamo is an inappropriate place to hold juveniles (Gall, 2004).

Currently, and as you know, detainees captive at Guantanamo Bay do not have to be charged with any type of crime and are not allowed any legal protection (Salon.com, 2004). Under the Geneva Convention combatants held as POWs can be held until the end of hostilities without the right to challenge their detention (Salon.com, 2004). This brings me to the most crucial element of my points. The War on Terror could go on forever. The mistreatments could go on forever. The innocent captives could be held forever. I believe it is time for action, Senator.

Given the tensions that have taken place concerning the Iraqi prison camps, I am sure that Guantanamo Bay will begin to receive the same types of pressure. I believe it is vitally important to begin the process of looking further into the broad and individual cases of mistreatment and the legality measures in place within the Cuban camp.

Following the examples of Lincoln, Roosevelt, and Truman, Bush could ask Congress for a comprehensive bill authorizing and regulating the detention of enemy combatants and the creation of military tribunals (Rosen, 2004). Indeed, a well-crafted bill to authorize the detention of enemy combatants was introduced a year ago by Representative Adam Schiff, a California Democrat.

Rosen (2004) believes that such a bill could authorize the president to detain as enemy combatants those citizens and aliens whom he believes are connected to Al Qaeda and pose an imminent risk of terrorist attacks. It could guarantee the combatants access to judicial hearings in which they could contest the factual basis for their detentions. And it could require judges to defer to the president's designation as long as there is a reasonable probability that facts exist to justify it. The bill could also authorize a temporary delay in the appointment of lawyers for enemy combatants in cases where the attorney general certifies that the delay is necessary for an ongoing interrogation. Finally, the bill could require the attorney general to justify the continued detention of an enemy combatant every six months--and to periodically report to Congress on the status of that combatant--to ensure that he or she doesn't fall into a legal black hole.

I believe more can be done to incite action regarding the laws of POWs. I urge a continued look into the charges brought forward, with a specific focus on improving the legality of prolonged captivity. To end, I believe Guantanamo Bay is necessary. Interrogation and captivity is useful to protect America from her enemies, gather intelligence and prevent terror. However, limits and lines must be drawn. For the sake of America, for the sake of the world, and for the sake of humanity, we should act together towards improvement. The values on which this nation was founded are not always practiced, but it is your job, Senator, to see to it that they are.

Thank you,
Jeff Schmidtke

Works Cited

FDCH Political Transcripts. “Defense Department News Briefing on Detainee Operations
at Guantanamo.” FDCH e-Media, Inc. 13 Feb. 2004. LexisNexis Academic. 21
Mar. 2004.
Gall, Carlotta. “3 Afghan Youths Question U. S. Captivity.” New York Times 12 Mar.
2004:A10+. LexisNexis Academic. 21 Mar. 2004.
Lewis, Neil A. “U.S. Military Describes Findings at Guantanamo.” New York Times 21 Mar. 2004,
sec. 1: 8. LexisNexis Academic. 21 Mar. 2004.
Rosen, Jeffry. “Congress must act on detainees. Judge Not.” New Republic 26 Jan. 2004:
14+. Academic Search Premier File #11986821. Mar. 2004.
Salon. “A legal black hole.” Salon.com. 17 Jan. 2004.
http://archive.salon.com/news/feature/2004/01/17/military/index_np.html 22 Mar. 2004.