White House Shifts Tack on Tribunals
Bush to Propose Only Minor Changes
By Jonathan Weisman and Michael Abramowitz
Washington Post Staff Writers
Thursday, July 20, 2006; Page A03
Top White House officials took a harder line yesterday on a new system to try terrorism suspects, telling Republican senators that President Bush will soon formally propose a tribunal structure with only minor changes from the military commissions that were ruled unconstitutional last month.
Attorney General Alberto R. Gonzales and national security adviser Stephen J. Hadley met with Senate Armed Services Committee Chairman John W. Warner (R-Va.) and Sens. John McCain (R-Ariz.) and Lindsey O. Graham (R-S.C.), offering views on a new tribunal structure that they said could pass constitutional muster with a Supreme Court that rebuked the White House in June. The senators said Bush will give Congress a proposal soon.
But Senate Republican aides familiar with the discussion said that the White House position has hardened since a White House meeting earlier this month, when Hadley assured the same senators the White House could accept tribunals based largely on existing military law, known as the Uniform Code of Military Justice. That could place Bush on a collision course with the Senate, where a bipartisan group of lawmakers is preparing legislation that would hew closely to military law in outlining more rights for defendants than the administration wants to grant....
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The Bush administration offered starkly mixed signals last week, first releasing a Defense Department memo pledging that detainee treatment would abide by the Geneva Conventions, then sending lawyers from the Justice and Defense departments to testify before the House and Senate that certain parts of the conventions remain problematic and that Congress need only ratify the original commission plan to meet the Supreme Court's requirements for a legislative blessing.
The Senate Armed Services Committee concluded three days of hearings with testimony from the military's most senior lawyers, or judge advocates general, who said the existing rules for courts-martial should be the starting point for new legislation. Former top military lawyers said the Supreme Court's ruling stated that the commissions as originally drafted would be unconstitutional, even if formalized through legislation, because they would not secure defendants' rights to representation and evidence guaranteed by the Geneva Conventions....
http://www.washingtonpost.com/wp-dyn/content/article/2006/07/19/AR2006071901946.html