Bush, senators reach accord on detainees

White House’s concessions appease GOP lawmakers, are key to agreement

By MARK SILVA

Chicago Tribune

WASHINGTON — The White House and balking Republican senators agreed Thursday on plans for interrogation and trial of accused terrorists, clearing a path for likely congressional approval of a central element of the Bush administration’s war on terror heading into critical fall elections.

“From the beginning we all shared the same goal. Now, we agree on the path to get there,” said Sen. Lindsey Graham, R-S.C.

The agreement:

• Ensures detainees are handled according to the Geneva Convention mandates

• Requires an unclassified summary of any classified evidence leading to a conviction be shown to defendants at the administration’s proposed military trials

The White House made significant concessions, signaling how important it is for President Bush that legislation is approved before Election Day.

“In short, the agreement clears the way to do what the American people expect us to do, to capture terrorists, to detain terrorists, to question terrorists, and then to try them,” Bush said.

If it is approved before the end of next week, when Congress is set to recess, Thursday’s agreement also could unite Republicans around their core national security message.

House and Senate leaders cautioned that differences over the way classified information is handled at military trials still must be resolved. But they voiced confidence Congress would approve a bill before the recess.

A battle within the GOP had threatened to stall the legislation. Influential Senate Republicans, including Graham and John McCain of Arizona, insisted the U.S. strictly adhere to the Geneva Convention, while the White House demanded wide latitude for interrogators and “clarity” in techniques allowed.

The compromise spells out specific acts — such as murder, mutilation, intentional serious bodily injury and sexual assault — that are “grave breaches” of the Geneva Convention and could subject interrogators to prosecution. The White House says this provides “clear guidance to our men and women in uniform as to what puts them at risk for criminal prosecution.”

McCain said he was satisfied.

“There is no doubt that the integrity and spirit of the Geneva Conventions have been preserved,” he said.

Graham, who had joined McCain and Armed Services Committee Chairman John Warner, R-Va., in forcing the White House to temper its original proposal, said he thought the compromise would prohibit simulated drowning, or “water-boarding” as a CIA interrogation technique.

But Graham didn’t rule out other aggressive techniques like sleep deprivation or playing loud music. He said the legislation would not spell out which “alternative interrogation techniques” are permitted and which are prohibited.

The White House had insisted the CIA’s interrogation of detainees could not continue without clarification, and Bush said that test has been met with Thursday’s agreement.

At the same time, while the administration wanted to keep classified information at military trials out of the hands of accused terrorists, senators say they have prevailed in insisting defendants have a right to see any government evidence that could lead to a conviction. The agreement guarantees defendants an unclassified summary of classified evidence.

“We have struck a great balance,” Graham said.

McClatchy Newspapers contributed.