Senate passes Bush's detainee plan


By Los Angeles Times / Washington Post wire service
September 29, 2006

WASHINGTON -- The Senate on Thursday approved President Bush's plan to question and try suspected foreign terrorists before military judges -- without oversight by the federal courts. [HTML_REMOVED]

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Bush is expected to receive a bill he can sign into law in the next few days, but legal challenges almost assuredly will be pursued against the prosecution process the administration wants to use as a key element in its war on terror. [HTML_REMOVED]

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The measure's most disputed provision would block foreign prisoners held by the military from turning to the federal courts to end their imprisonment. By preventing detainees from challenging their confinement in court, it sets up a potential constitutional conflict with the Supreme Court. [HTML_REMOVED]

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The Senate on Thursday rejected a proposal to include this right in the bill establishing the rules for the new military tribunal system; the overall bill was then approved, 65-34. [HTML_REMOVED]

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The Republican-led House and Senate not only gave Bush the legal authority he requested, but told the Supreme Court to stay out of the matter. [HTML_REMOVED]

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The bill won passage in the Senate just hours after Bush journeyed to Capitol Hill to tell GOP lawmakers that, "There's still an enemy out there that wants to do harm to the United States." [HTML_REMOVED]

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Slight differences in the Senate version of the bill means it must be returned to the House, where it is expected Friday to again easily win approval. [HTML_REMOVED]

The rules for the military trials the measure would establish generally follow those proposed by the Bush administration. Prosecutors would be able to make use of "hearsay" evidence and confessions that were obtained through coercion, so long as the military judge believes the evidence is reliable.

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