Comment of The Day: Redacted Holiday Fun

From The Guardian comments pages –

UpsideDownCakeEater
19 Jun 09, 1:02am (about 6 hours ago)

Seen the claim from the PM and the Speaker when both attended ████████ in █████████ paying £ ███.██ just to watch two █████████. Both claimed £ ████.██ as though they actively took part ?
Shocking.

What’s █████████ ? We might well ask.

If it weren’t for the Daily Telegraph’s uncensored leaks, for all we’d know of it █████████ could have been anything, from a Harrods rocking horse to a box of man-size Pampers to an Agent Provocateur gimp mask.

At least if you’re on holiday and it rains this week there’s no need to be bored; you can always play redaction bingo and insert your own words. All those blacked out spaces leave lots of scope for the imagination and reading censored expenses claims is much more entertaining that way. Holiday fun for all the family!

I Sentence You To Be Taken From Here and DNA Tested Till You’re Dead. Or Until We Get Our Sample. Whichever’s The Soonest.

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America may have a Democrat president charming the rest of the world but at home Cheney’s heirs are still in charge. And they’re still gaily torturing away willy-nilly, with judicial approval.

After police lost or contaminated an already willingly given DNA sample, Niagara County Court Judge Sara Sheldon Sperrazza issued an order requiring the suspect to provide another. Not so unusual, you might think except the order was issued ex-parte – which meant defence counsel had no chance to object.

Odd. Why ex-parte? Why would the defence object to a DNA test? It’s a quick and painless operation. Well actually no, it’s not. Not the way Niagara County does it. William N Grigg describes what happned to Ryan S. Smith of Niagara Falls, New York, a 21-year-old charged with burglary:

Smith was brought in handcuffs to the police station and informed that the investigators had been authorized to use physical force. Although nobody intended to harm him, Smith was told, the sample was going to be surrendered; it was just a question of how much he wanted to endure before it was. Smith still refused to comply.

Confronted with an intransigent suspect who refused to provide critical evidence, the investigators reluctantly strapped the handcuffed Smith to a downward sloping table, covered his face with a towel, and waterboarded him. He broke within seconds, and meekly permitted the DNA sample to be taken.

On the basis of the DNA evidence, Smith was hit with a 24-count criminal indictment. He was also charged with “criminal contempt of court” for forcing his interrogators to torture him.

When Smith’s defense counsel filed a motion to suppress the evidence based on Fourth and Fifth Amendment protections, the same Judge who issued the ex parte orders produced a ruling validating the use of waterboarding as means of forcing compliance, as long as it’s not done “maliciously” or to “excess.”

This account is true and accurate in every detail, save one – the specific torture protocol that was used to compel Smith to surrender a sample of his DNA.

He wasn’t subjected to water torture; instead, he was given a brief taste of electroshock torture by way of a Taser that was used to inflict a “drive stun.” This involves placing the prongs of the device directly on the body of the victim for a brief, painful, paralyzing charge.

Oh, so that’s why it was ex-parte. I think should think the defence would have been sure to object if they’d known their client was to be tortured into compliance with a taser.

It may have been only a tasering (!) and not an actual waterboarding but that’s hardly the point. It was no abberation; those were no bad apples or rogue cops acting on their own warped initiative. The official torturers were acting on the direct orders of both a DA and a judge.

As Detective Lt. William Thomson would later testify, Assistant Niagara County D.A. Doreen M. Hoffmann, who is presiding over the prosecution of Ryan Smith, instructed the police that “we could use the minimum force that was necessary” to force the suspect to submit to a DNA test.

Now, think carefully about that formulation: In principle, it authorizes the use of any amount of force needed to extract the sample, since the critical term is “necessary.” As long as the police were reasonably careful in calibrating the duress the applied, they could continue escalating the level of force until it broke the suspect; wherever they end up would obviously be the “minimum” necessary to accomplish their objectives.

Exactly. It doesn’t matter what method of torture the official torturers use; it’s almost irrelevant, though there’s something particularly distasteful and reminiscent of Pinochet’s Chile about Tasers. Torture is torture is torture. You’re using pain to make someone do something. Once that’s been judicially ordered the dam is breached and torture is official policy. In no time at all physical coercion becomes the norm – never the last option, but always the first. It’s practical everyday fascism; it may be red in tooth and claw but it’s always covered by the paperwork.

This week we’ve seen waterboarding reportedly used in London against drug suspects by the Met. Bad apples, say the police. That time it wasn’t, thankfully, court-ordered and was entirely unofficial – but given that British police methods slavishly follow the US as night follows day, it can’t be long before it is.

A Good Day To Bury A DNA Database

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The expenses scandal rolls on and on, and while it may be a disaster for the public’s faith in constitutional government, for New Labour it’s business as usual and every new day of scandal is just another good day for burying bad news.

Home Secretary Jacqui Smith in particular must be chuffed to bits that the politerati’s bogged down in the mire of the expenses scandal; it all not only takes the heat off her personal travails, it lets her get on with dismantling democracy by the back door in decent peace and quiet:

Opposition parties and civil liberty groups united to condemn plans that are being steered through parliament while MPs are distracted by the expenses row.

The Conservatives and the Liberal Democrats claim the government is seeking to make controversial changes to the national DNA database via a “statutory instrument” because it fears losing a vote that would be required if they were introduced by the more conventional method of primary legislation.

A statutory instrument has to be discussed only by a specialist committee which meets for 90 minutes and is usually made up of 16 MPs and a chairman. Critics say the Labour MPs who will dominate the committee will be handpicked by government whips and therefore back the Home Office proposals

How to do things with rules, in a nutshell.

Wounded and weak though he is, Gordon Brown is still PM and intends to stay PM for the foreseeable future; he still wants to get his way and as we already know, bullying is one of his favoured methods of doing so. I’ll bet those MPs will be handpicked – handpicked to be lying awake nights fretting they’ll be found out about something.

I can only hope that because of the unauthorised publication of the unredacted reciepts (with more yet to come) that the whips have lost most of their coercive power over MPs. I can only hope too that enough MPs are roused by this blatant use misuse of procedure to ensure the DNA database isn’t bulldozed through via statutory instrument while there’s no Speaker and Parliament’s in turmoil.

Those are very faint hopes, though. What they’re fretting about nights may not even be expenses at all: milking allowances may be the least of some MPs’ sins. While the latest revelations are certainly juicy and indicative of the unscrupulousness greed of some MPs, not least the whips themselves, not all scandals are financial and the whips probably have plenty of even juicier stuff left to make members sweat with nervousness and suddenly decide to retire ‘because of health problems’.

I wouldn’t be at all surprised to find that publication of the reciepts has enabled whips to join the dots on some very questionable personal behaviour by some MPs. I think MPs will do what they’re told.