The pressure has clearly gotten to the White House over the treatment of detainees. Now, both MSNBC and WaPo are reporting that after months of stonewalling and wrangling, the Bush administration will accept McCain's amendment:
After months of resistance, the White House has agreed to accept Sen. John McCain's call for a law banning cruel, inhuman and degrading treatment of foreign suspects in the war on terror, several congressional officials said Thursday.
Under the emerging deal, the CIA and other civilian interrogators would be given the same legal rights as currently guaranteed members of the military who are accused of breaking interrogation guidelines, these officials added. Those rules say the accused can defend themselves by arguing it was reasonable for them to believe they were obeying a legal order.
full story here
There's more under the fold...
The added language would bring McCain's amendment and the
Uniform Code of Military Justice in line with each other, and it would also deny any immunity from prosecution for anyone who violated the code:
As passed by the Senate and endorsed by the House, McCain's amendment would prohibit "cruel, inhuman or degrading treatment or punishment" of anyone in U.S. government custody, regardless of where they are held. It also would require that service members follow procedures in the Army Field Manual during interrogations of prisoners in Defense Department facilities.
In discussions with the White House, that language was altered to bring it into conformity with the Uniform Code of Military Justice. That says that anyone accused of violating interrogation rules can defend themselves if a "reasonable" person could have concluded they were following a lawful order.
No immunity
Officials say the language also now includes a specific statement that those who violate the standards will not be afforded immunity from civil or criminal lawsuits.
In recent weeks, the administration had sought to add language that would offer protection from prosecution for interrogators accused of violating the provision. But McCain rejected that, arguing it would undermine the ban by not giving interrogators reason to follow the law.
So it looks as if the Bushies are finally going to do the right thing and pass McCain's anti-torture amendment.
Of course, the fact that it was pretty much veto-proof in both houses of Congress might have had something to do with it as well. But in any event, McCain wins this round, as he should have all along.