American Civil Liberties Union

Constitution Day serves as a reminder of the importance of this historical document, a document which embodies the concept of the rule of law and acts as the blueprint for the American people. Part of this blueprint includes the Framers' desire that the United States government respect international commitments made under treaties signed by the President and approved by the Senate. Indeed, the Supremacy Clause makes the Constitution, Federal Statutes, and U.S. treaties "the supreme law of the land."

When the incoming President takes or reaffirms the oath of office, they are committing themselves to “preserve, protect and defend the Constitution of the United States." In doing so, they are obliged to recognize and respect U.S. ratified treaties, at home and abroad. While this commitment is made to the American people at the inauguration ceremony, it echoes and resonates around the world, as the U.S. commitment to the family of nations to respect the rule of law and U.S. international and treaty obligations is vital to the preservation of international peace and security. The erosion of this commitment over the past seven years cannot be over exaggerated, especially in the area of protection and promotion of human rights at home and around the world.

Last week's Supreme Court rebuke of the Bush administration's attempt to preserve Guantánamo as a lawless place, a place where human beings are less worthy of protection under U.S. law than iguanas, brought newfound hope that this travesty of justice would finally come to an end. Unfortunately, this was not the case, as this week the military commission hearings resumed in what appears to be a signal from the Pentagon that it is business as usual at Guantánamo. It was during these hearings that we learned more about Guantánamo's frequent flyer program.

Yesterday, another Guantánamo military commission ended in a fiasco when Mohammed Kamin declared he would boycott the proceedings. Kamin, a 30-year-old prisoner from Afghanistan, has been in U.S. custody since May 2003; today was the first time in five years that Kamin was exposed to the outside world. Kamin told his military judge, Air Force Col. W. Thomas Cumbie, that he does not want a lawyer — any lawyer — and that he does not want to represent himself either. This is not the first, and, if the current pattern continues, will not be the last boycott announced here. (Kamin is the sixth prisoner to boycott the proceedings, or decide to represent himself, or reject any U.S. military-appointed attorney, before the military commission). When I first observed the military commission hearings back in 2004, the question among observers was who would be the first Guantánamo prisoner to boycott the commissions. Today, however, the question is who will be the prisoner who does not boycott the new system created under the Military Commissions Act of 2006, an act which all but guarantees an unfair process.