Senate adds ban on torture to bill
The Seattle Times
By Joseph L. Galloway and James Kuhnhenn
Knight Ridder Newspapers
October 6, 2005
WASHINGTON — The Senate delivered a rebuke to the Bush administration
last night, adding language banning U.S. torture of military prisoners to a
$440 billion military-spending bill in defiance of a White House threat to veto
the whole bill if the anti-torture language were attached.
The Republican-majority Senate followed the lead of Sens. John McCain,
R-Ariz., and Lindsey Graham, R-S.C., voting 90-9 to add the anti-torture
language to the legislation. Both of Washington state's Democratic senators,
Patty Murray and Maria Cantwell, voted for the measure.
Former Secretary of State Colin Powell, a retired Army general, joined 28
other retired senior military officers in endorsing the McCain-Graham
amendment.
The measure would ban the use of "cruel, inhuman or degrading" treatment of
any prisoner in the hands of the United States. It's a response to the
revelations of torture by U.S. personnel of Iraqi detainees at Abu Ghraib
prison in Baghdad, Iraq, which roused worldwide disgust.
McCain, who was tortured by his North Vietnamese captors during the Vietnam
War, cited a letter written to him recently by Army Capt. Ian Fishback asking
Congress to do justice to military personnel.
"Give them clear standards of conduct that reflect the ideals they risk
their lives for," Fishback wrote the senator.
"We owe it to them," McCain said on the Senate floor. "We threw out the
rules that our soldiers had trained on and replaced them with a confusing and
constantly changing array of standards."
Graham, a former judge advocate in the Air National Guard, said: "We take
this moral high ground to make sure that if our people fall into enemy hands,
we'll have the moral force to say, 'You have got to treat them right.' If you
don't practice what you preach, nobody listens."
Also pending is an amendment by Graham that would distinguish between a
"lawful enemy combatant" and an "unlawful enemy combatant." His proposal would
put into law the procedures for prosecuting such combatants at the Navy's
Guantánamo Bay prison in Cuba.
Even if the Senate passes the spending bill with the anti-torture language
included, both face an uncertain future. The House has passed a similar bill
without anti-torture language.
Before any legislation could go to President Bush, negotiators from the
House and Senate must iron out a single version in a conference committee. The
Bush administration's preferences often prevail in such committees.
Bush has never vetoed any legislation. Vetoing a big military-spending bill
during wartime would be highly unusual.
McCain said his amendment merely codifies current policy and reaffirms what
was assumed to be the law for years. It would require that all U.S. troops
— and other federal agencies — adhere to the standards for
interrogation of prisoners outlined in the Army Field Manual on detention and
interrogation.
Opposition to McCain and Graham was led by Senate Majority Leader Bill
Frist, R-Tenn., and members of the Senate Intelligence Committee, the National
Security Council staff and White House lobbyists. Frist ultimately voted for
the amendment.
The battle on Capitol Hill came in the wake of a federal court order to the
Pentagon requiring the release of more photographs of U.S. soldiers mistreating
Iraqi detainees in Abu Ghraib prison.
The latest photos reportedly are more disturbing than those released last
year, which led to the courts-martial and the convictions of nine low-ranking
enlisted Army Reserve soldiers.
Material from The Associated Press is included in this report.
Copyright © 2005 The Seattle Times Company
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