Utahn seeks resolution against torture

Lawmaker asking state to oppose Bush's new position

Published: Wednesday, Jan. 4, 2006 8:53 p.m. MST
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With reports Wednesday that President Bush has signed an order giving him the power to approve torture of terrorist suspects in limited cases, a Utah lawmaker says it is more important than ever for the state Legislature to pass a resolution calling for a ban on torture as a national policy.

Sen. Scott McCoy, D-Salt Lake, says he doesn't see his resolution as a partisan issue, even though Utah Republicans are some of the strongest backers of the president in the country.

Still, McCoy said he and other Utahns are "deeply concerned" over Bush's torture position, which came to light after the president issued a "signed statement" clarifying that he may order torture despite a new federal law banning the practice.

"This is just another instance of being disappointed by the president. It sounds like he signed the new law (with the anti-torture amendment in it) with his fingers crossed behind his back," McCoy said.

While saying he likes and respects McCoy, Utah Senate Majority Leader Peter Knudson, R-Brigham City, said he doesn't believe McCoy's anti-torture resolution will pass when the 2006 Utah Legislature convenes in two weeks. Republicans hold two-thirds majorities in the Utah House and Senate.

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The Boston Globe reported Wednesday that last week when Bush signed a new law — which contained an amendment by Arizona Republican Sen. John McCain outlawing torture — the president also approved a "signing statement" that details what Bush calls his ability to bypass the law as part of his commander-in-chief powers.

Said Knudson: "I believe the Legislature essentially favors allowing the president to function" under the new law with his full commander-in-chief powers. And if the president believes his actions are aimed at protecting the American people in any way necessary, "I support that," as will others, Knudson said.

"I opened this bill file during the controversy when President Bush refused to accept the McCain amendment," said McCoy, who is an attorney. "It really bothered me" that Bush and Vice President Dick Cheney would advocate that there is any time or situation when torture of a suspect could be condoned. Bush and Cheney — who advocated exempting the Central Intelligence Agency from the law — ultimately gave in after facing bipartisan opposition in Congress and accepted the McCain amendment.

After Congress acted and Bush signed the new law last week, civil libertarians believed Congress and the executive branch were locked into a no-torture agreement. But apparently Bush may override the new law — as the statement posted on the White House Web site says — "in achieving the shared objective of the Congress and the President . . . of protecting the American people from further terrorist attacks."

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