Bush reaches deal with Graham, McCain, Warner

The White House has reached a compromise with the three Republican Senators who have led the opposition to the administration's attempts to limit the scope of the Geneva Conventions in regards to counterrorism operations. The Senators - Lindsey Graham of South Carolina, John McCain of Arizona, and John Warner of Virginia - have objected to several aspects of the administration's proposed anti-terror bill, including a rule that accused terrorists on trial in military tribunals would not be able to use classified information in their legal defenses, and an attempt to redefine the Geneva Conventions' "humiliating treatment and outrages upon personal dignity." As of now, the full terms of the compromise agreement are not known. [CNN]

The Bush administration has framed its proposal to redefine the language of the Geneva Conventions as an attempt to clarify language that it suggests is overly vague. The problem with that argument is that the military's legal establishment doesn't consider the language vague, and neither do the rest of the co-signatories to the treaty - in fact, the administration's lawyers seem to be the only ones who find it so confusing. If the American people are lucky, the compromise bill involves more compromise on the adminstration's part than on the part of the Senators.

"GOP, White House snap terror bill deadlock" [CNN]
"Cooler Heads: The difference between the President's lawyers and the military's" [Slate]
Letter from Colin Powell to Senator McCain regarding the proposed bill [Findlaw]

UPDATED 9/21/06:

According to CNN, the compromise:

-- Requires that a defendant being tried by military commission have access to any evidence given to a jury.

-- Drops a section of the administration's previous proposal that stated an existing ban on cruel, inhuman or degrading treatment satisfies the nation's obligations under the Geneva Conventions.

-- Prohibits "grave breaches" of the Geneva Conventions. Defines grave breaches as acts such as torture, rape, biological experiments and cruel and inhuman treatment.

-- Notes the president has the authority to interpret "the meaning and application" of the Geneva Conventions.

-- Allows hearsay evidence.

-- Allows coerced testimony if the statement was acquired before a 2005 ban on cruel, inhuman or degrading treatment and a judge finds it to be reliable. Bans coerced statements taken after the 2005 ban went into effect if it violates constitutional definitions of cruel, inhuman or degrading treatment.

-- Bars individuals from protesting violations of Geneva Conventions standards in court.