NYT: White House and McCain Are Near Deal on Torture Bill

[Pirate Smile]

White House and McCain Are Near Deal on Torture Bill

By ERIC SCHMITT and DAVID E. SANGER
Published: December 7, 2005

WASHINGTON, Dec. 6 - The White House has all but abandoned its effort to persuade Senator John McCain to exempt Central Intelligence Agency employees from legislation barring inhumane or degrading treatment of prisoners in American custody. But a top presidential aide continued to negotiate a deal Tuesday that would offer covert officers some protection from prosecution, administration and Senate officials said.

The talks between Mr. Bush's national security adviser, Stephen J. Hadley, and Mr. McCain, an Arizona Republican, took place by telephone Tuesday because Mr. McCain was on a book tour in Maine, said Eileen McMenamin, the senator's spokeswoman. The two men met at the White House last Thursday night.

White House officials and Ms. McMenamin refused to discuss the negotiations, saying they were private conversations. But administration officials concede that Mr. McCain's legislative provision, which would also require a uniform standard on how to interrogate detainees, stands a strong chance of becoming law. It has already passed the Senate 90 to 9, and senior House Republican aides say it would probably pass by a large margin in the House, which has not yet considered the measure.

Faced with that reality, administration officials said, Mr. Hadley has now retreated to seeking narrower language that could make it more difficult to prosecute intelligence officers charged with violating torture standards.

http://www.nytimes.com/2005/12/07/politics/07mccain.html

[swag]

1. Maybe everyone tortured gets an iPod Nano!

[soothsayer]

2. Gee, I wonder why they'd need that provision to avoid prosecution?

You don't think they just plan to go ahead and keep on torturing folks, do you, since the law will have no teeth?

[merwin]

3. So.. it will be illegal to torture, but you don't get prosecuted? Huh?

[papau]

4. like illegal to steal - but keep the money?

:-)

[countmyvote4real]

5. A deal? On torture?

“Oops. We goofed, but you can’t prosecute US.” Yeah. That should stop the torture once the POTUS pen signs off.

If McCain agrees to this, he will totally reveal his inner turd and the false front of all policies associated with anybody in the GOP. God, they disgust me.

[Vinca]

6. How, exactly, do you compromise on torture?

Hold the torturee under wanter for 90 seconds instead of 95? Make him stand for 47 hours instead of 48? Either you do or you don't. This is bull.

[Solly Mack]

8. Thank you. A compromise on torture is allowing torture

Making it harder to prosecute for torture allows those who torture to go free.

[Thorandmjolnir]

7. What is going on?

Rice in Europe tells everyone that it is illegal for any US personnel to torture, while they are negotiating the very same subject in the US?

And further more, there is already a statute on the books saying exactly what McCain wants to do, so what is new in his legislation, apart from grandstanding:

United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113C - TORTURE

Section 2340A. Torture
(a) Offense. - Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction. - There is jurisdiction over the activity prohibited in subsection (a) if -
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy. - A person who conspires to commit an offense under this section shall be subject to the same penalties (other
than the penalty of death) as the penalties prescribed for the
offense, the commission of which was the object of the conspiracy.



Come to think of it. It looks like the whole administration might be guilty of violating Section 2340A (c).

[DoYouEverWonder]

9. So it was all for show after all

McCain is one of the worst political whores in history. What a poor excuse for a human.

[zanne]

10. Sounds too much like McCain's Campaign Finance Bill

He gets alot of publicity for "trying" to do something good, then he caves in and lets Bush get his way. Too familiar.