Exception to the Rule

The Administration has ramped up their conflict with certain Senators by demanding that the CIA be held exempt from a new ban on detainee abuse enacted by a law written by John McCain.

Stepping up a confrontation with the Senate over the handling of detainees, the White House is insisting that the Central Intelligence Agency be exempted from a proposed ban on abusive treatment of suspected Qaeda militants and other terrorists.

The Senate defied a presidential veto threat nearly three weeks ago and approved, 90 to 9, an amendment to a $440 billion military spending bill that would ban the use of "cruel, inhuman or degrading treatment" of any detainee held by the United States government. This could bar some techniques that the C.I.A. has used in some interrogations overseas.

But in a 45-minute meeting last Thursday, Vice President Dick Cheney and the C.I.A. director, Porter J. Goss, urged Senator John McCain, the Arizona Republican who wrote the amendment, to support an exemption for the agency, arguing that the president needed maximum flexibility in dealing with the global war on terrorism, said two government officials who were briefed on the meeting. They spoke on condition of anonymity because of the confidential nature of the discussions.

Mr. McCain rejected the proposed exemption, which stated that the measure "shall not apply with respect to clandestine counterterrorism operations conducted abroad, with respect to terrorists who are not citizens of the United States, that are carried out by an element of the United States government other than the Department of Defense and are consistent with the Constitution and laws of the United States and treaties to which the United States is a party, if the president determines that such operations are vital to the protection of the United States or its citizens from terrorist attack."

Even Janice Karpinski, General in charge of Abu Ghraib prison, on WNYC's Leonard Lopate show, has just denounced this action a a regression. [Karpinski has a new book out, with some interesting insights into the aimless, goal-less invasion of Iraq which built the confusion that led to the disastrous photography expirament we've all seen.]