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...Graham is winning. Though the White House has continued to beat the issue in speeches and press conferences, its legislation is stalled on the Hill. Democrats are doing their part, of course. Wisconsin's Russ Feingold exasperated Judiciary chairman Arlen Specter Thursday by introducing four amendments to the surveillance bill Specter had negotiated with the White House last June. The bill failed to make it out of committee and, like the military commissions bill, faces an uphill battle to reach the floor for a vote...

Author: /time Magazine | Title: Why Lindsey Graham Is Blocking Bush on Terror Trials | 9/8/2006 | See Source »

...Lindsey Graham Is Blocking Bush on Terror Trials The conservative senator has been an Administration ally in the past, but he thinks Bush's restrictions on the rights of defendants are "a bridge...

Author: /time Magazine | Title: Why Lindsey Graham Is Blocking Bush on Terror Trials | 9/8/2006 | See Source »

...three Republican Senators are scuttling the party leadership's plan. Two are Senate stars - John Warner, head of the armed services committee, and John McCain, the party's front-runner for the 2008 Presidential campaign. The third, Graham, is the youngest and most conservative. But his role may be the crucial one. As the Senate's only serving judge advocate general in the armed forces, he carries authority on the subject of military trials and he has made it clear that he will oppose any attempt by either party to turn what he calls the "legal infrastructure...

Author: /time Magazine | Title: Why Lindsey Graham Is Blocking Bush on Terror Trials | 9/8/2006 | See Source »

...biggest issue of disagreement between Graham and the White House is over rules of evidence. In its proposed rules for military tribunals, the White House wants to be able to introduce evidence that can be withheld from the defendant. The Administration wants those rules of evidence, moreover, to apply not just for alleged terrorists but for foreigners accused of conspiracy and other lesser charges. Graham and the Pentagon's leading lawyers want to allow military judges to make the decision whether classified evidence against detainees is important enough to the case to be shown to the defendant...

Author: /time Magazine | Title: Why Lindsey Graham Is Blocking Bush on Terror Trials | 9/8/2006 | See Source »

...They want to do something that is new and novel and that is very problematic," Graham says. "How can you effectively defend someone if you can't even talk to them about the case? I do not think that will survive judicial scrutiny." More important, he argues (as do Department of Defense lawyers) that restricting the rights now for even the worst of America's detainees could mean similar restrictions on the rights for America's armed forces captured in the future. "It?s a bridge too far, and that's a precedent that could come back to haunt...

Author: /time Magazine | Title: Why Lindsey Graham Is Blocking Bush on Terror Trials | 9/8/2006 | See Source »

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