Lindsey Graham, South Carolina's senior senator, has repeatedly called for clearer rules on the interrogation and alleged abuse of prisoners. He has also taken a contrasting position on another hot issue: the abuse of the U.S. legal system by terrorist suspects. In both cases Sen. Graham, a Republican not afraid to buck the administration, is demonstrating his strong personal commitment to the rule of law while pointing out that Congress has failed to exercise its responsibility for oversight at Guantanamo.

In the senator's own words, "Congress has been AWOL on this issue but now we're going to sort out the legal mess we're in.'' According to Sen. Graham, more than 160 cases have been filed by terrorist suspects imprisoned at Guantanamo, clogging the courts and impeding justice.

"It is not fair to our troops fighting in the war on terror to be sued in every court in the land by our enemies based on every possible complaint," he said. His amendment to the defense bill was adopted by the Senate last week by a 49-42 margin, but Sen. Graham had second thoughts after legal experts argued that his proposal was unconstitutional. It would have denied any appeal of military tribunal rulings to federal courts, although they would be subject to review by the D.C. Circuit Court of Appeals.

On Monday, Sen. Graham worked out a compromise with Sen. Carl Levin, D-Mich., that would allow appeals to be filed with the U.S. Court of Appeals in Washington to challenge the "standards and procedure" used to declare a detainee an enemy combatant. Sen. Graham explained that the new amendment, which provides the right of an appeal from a military tribunal to federal court, "corrects a flaw in my amendment."

The new measure was approved by an 84-14 vote. Sen. Graham said it would end legal confusion at Guantanamo and establish new, tight rules on interrogation in the war on terrorism.

Sen. Graham was a co-sponsor of an amendment proposed by Sen. John McCain, R-Ariz., and adopted by the Senate Oct. 5 on a 90-9 vote, to ban "cruel, inhuman or degrading treatment or punishment'' of terrorist suspects. He said that it was important to "take care of prisoner abuse - but we also need to deal with lawsuit abuse. We need the whole package."

"Instead of unlimited lawsuits, the courts now will be looking at whether you're properly determined to be an enemy combatant and, if you're tried, whether or not your conviction followed the military commission procedures in place," the senator said an interview with The Associated Press. He said courts also will determine the constitutionality of the Bush administration's processes for prosecuting terror suspects and deciding whether they should continue to be detained. These measures will now be taken up in conference committee.

Sen. Graham is to be commended for his efforts to see that Congress does not shirk its responsibility.