Those of you who faithfully read this blog only need to know this: the Graham Amendment, the one all set to undo Rasul and kiss habeas corpus goodbye, just got worse. Forget all the press about John McCain's heroic stand on torture (where were you when Gonzales was confirmed, sir?) - in the dead of night, that gnarly little amendment says, basically, that all such declarations are moot: evidence from torture can still be used as evidence in military tribunals. Contact your Senators now, especially if (as for New Yorkers) they're on one of the relevant committees: tell them to refuse, if necessary, to sign the conference committee report.
How do we know all this? Because they love it. Thanks as always, Hilzoy, for pointing out that
According to an amended draft of the measure being circulated Thursday among the sponsors, Graham has agreed to language that loosens the restrictions on terror evidence that’s obtained through “coercive” interrogations that may occur in other countries. Whereas Graham’s previous draft had forbidden the use of such evidence—in accordance with standard rules of military justice—the new draft says that it should be barred only “to the extent practicable.” The latest bill language also now says that the “probative value” of evidence should be considered—in other words, whether the information is persuasive.
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