Senate Democrats push detainee rights

WASHINGTON – Senate Democrats are backing a bill that would grant new rights to terror suspects held at Guantanamo Bay, Cuba, including access to a lawyer regardless of whether the prisoners are put on trial.

The proposal, approved this week by the Senate Armed Services Committee, also would narrow the definition of an enemy combatant and tighten restrictions on the types of evidence used to prosecute and keep a person detained.

The bill is aimed primarily at increasing legal protections for the hundreds of people captured by the United States and held on suspicion of terror ties without a trial.

Only those selected for prosecution – typically the most high-profile suspected terrorists – are guaranteed legal counsel and other rights when they go to court.

The legislation has raised red flags at the White House as potential veto bait and among congressional Republicans, including Sen. Lindsey Graham, who said he was concerned that aspects of the bill may go too far.

“Any changes have to meet the test for me that they will not compromise our ability to wage war,” said Graham, R-S.C., in a telephone interview Friday.

Sen. Carl Levin, D-Mich., chairman of the Armed Services Committee, tucked the new detainee measure into a $649 billion defense policy bill for budget year 2008, which begins Oct. 1.

The legislation would affect the roughly 380 detainees currently held at the U.S. naval base at Guantanamo Bay.

Only two detainees have been identified to stand trial, although the Defense Department says it plans to bring charges against about 75 more.

About 80 prisoners at Guantanamo Bay are slated for release.

Under the current system, President Bush can detain any individual suspected of engaging in or supporting terrorism. Only those selected for trial are provided lawyers and guaranteed access to evidence used against them.

Although Democrats did not block the GOP legislation at the time, many party members – including Levin – said they feared Congress did not go far enough to prevent the abuse of prisoners being held without trial.

Accordingly, Levin drafted the committee bill that would impose new restrictions when reviewing a person’s status as an enemy combatant. The measure would assign each detainee legal counsel, put a military judge in charge and require the disclosure of evidence during the reviews.

It also further restricts the use of coerced testimony and hearsay evidence.

In addition, the bill would tighten the definition of who qualifies as an enemy combatant – a step intended to prevent the detention of people unknowingly associated with terrorist groups.

The committee bill was drafted behind closed doors and approved by a 25-0 vote.