Geoffrey Stone, UC Law Professor, has a post concerning the Bush administrations attempt to rewrite the law concerning torture, interrogation, the courts and their Constitutional implications. Here are the first couple of paragraphs; go read the rest.
A good deal has been made in recent days of the objections raised by Senators Lindsey Graham, John McCain, Olympia Snowe, and John Warner to President Bush's proposed legislation authorizing the use of military tribunals to try enemy combatants. I applaud the actions of Graham, McCain, Snowe, and Warner. What I find astonishing -- and deeply distressing -- is that other Senate Republicans have not rallied to their support.
Senators Graham, McCain, Snowe, and Warner have objected to several provisions of the Bush proposal, including those expressly authorizing the prosecution to use hearsay evidence, secret evidence, and evidence obtained by coercion involving degrading and inhuman treatment. Each of these proposals represents a profound and radical departure from the fundamental standards of fairness and decency that have long governed both criminal courts and military tribunals throughout the history of the United States. Each of them is legally, constitutionally, and morally unwarranted.