"What's in the Terrorism Detainee Bill?" (The "compromise" bill)

[Solly Mack]

Evidence Obtained Through Torture

The tribunals won't admit evidence obtained through torture. Evidence obtained through coercive interrogation tactics that the Bush administration doesn't consider torture (such as "waterboarding," where a detainee is made to believe he's drowning, or "stress positions," where a detainee is made to sit or stand in a painful position for extended periods of time) may be used under some circumstances.


Detainee Lawsuits

According to the bill, detainees held by the United States at any overseas location cannot file a lawsuit challenging their detention. This wipes out both pending and future lawsuits. The bill also says no one can file a lawsuit claiming a violation of their rights under the Geneva Conventions.


Presidential Power

The bill gives the president the power to "interpret the meaning and application of the Geneva Conventions," a phrase that may clash with another part of the bill, which says, "Nothing in this section shall affect the constitutional functions and responsibilities of Congress and the judicial branch."


War Crimes Act

The compromise legislation would narrow the range of offenses prohibited under the War Crimes Act. This would protect civilians (such as CIA interrogators and White House officials) from being prosecuted for committing acts that would have been considered war crimes under the old definition. The change is retroactive to 1997, which means any crimes committed since 1997 would be prosecuted under the new standard, not the old one.



More at link:

http://www.npr.org/templates/story/story.php?storyId=6125424