Thursday, September 21, 2006

HADLEY ON THE DETAINEE TREATMENT DEAL   [Byron York]

National Security Adviser Stephen Hadley just finished a conference call with reporters to discuss the detainee treatment deal.  Hadley said the president's "sole standard" with respect to the Geneva Convention's Common Article Three was "whether the CIA will be able to go forward with a program for questioning terrorists….The good news is that the program will go forward, and that the men and women who are asked to carry out that program will have clarity as to a legal standard, will have clear Congressional support, and will have legal protection."

Hadley said the deal does three things on the question of detainee treatment.  One, it will "enumerate those actions that will constitute violations of Common Article Three, that are grave breaches of Common Article Three."  Two, it affirms the Detainee Treatment Act, or the McCain Amendment, and "provides that the president will take action to ensure compliance."  And three, "There is a provision that makes clear that the president has the authority, as provided by the Constitution and this legislation…for the U.S. to interpret the meaning of the Geneva Conventions, including Common Article Three."

When asked what would constitute "grave breaches" of Common Article Three, Hadley listed "torture, cruel or inhuman treatment, performing biological experiments, murder, mutilation or maiming, rape, causing serious bodily injury, and sexual assault or abuse."  He was asked whether waterboarding would be on that list, and he answered, "We are not going to get into a discussion of particular techniques."  As for the president's interpreting the meaning of Common Article Three, it appears the deal recognizes the president's authority to issue executive orders clarifying the nature of violations that do not rise to the standard of "grave breaches."

Later, Hadley gave a non-answer when asked whether all interrogation techniques used up until now would be permissible under the new agreement.  "Obviously we want to come up with a program that will be supported by the Congress and the people," Hadley said.  "The bottom line is to get an effective means of getting information from terrorists who have information that we need to get in order to disrupt plots and protect Americans."

Finally, Hadley was asked what the administration gave up in the deal.  "This was a situation where we both, the Congress and the administration, shared a common objective," Hadley said.  "What we did in a fairly creative way was come up with ways that we could achieve that objective."  When asked again whether there was anything the administration didn't get, Hadley said, "I've said all I'm going to say on that issue."

09/21 06:45 PMShare