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With Some Help, Dems OK Anti-Torture Measure



A controversial measure barring the CIA from using torture cleared the Senate late yesterday, despite opposition from Republican presidential front-runner Sen. John McCain of Arizona.

Senate Democrats picked up the support of moderate Republicans, some of whom face tough re-election battles this year, to pass the conference report accompanying the annual intelligence authorization bill on a 51-45 vote.

The White House has threatened to veto the bill because it includes a provision that would prohibit the CIA and other U.S. intelligence agencies from using interrogation techniques not authorized by the U.S. Army Field Manual. Given the narrow vote, Democrats do not appear to have enough support to override a veto.

McCain’s vote against the bill seemed to contradict his public statements opposing torture generally and the practice of waterboarding in particular. McCain, who is trying to appeal to his party’s conservative base, told reporters he believes his position is consistent.

“We always supported allowing the CIA to use extra measures. I believe that waterboarding is illegal and should be banned,” he said.

“My position was very clear,” he added. “We have said… that we would allow the CIA to use additional techniques that were not in violation of the anti-torture convention, that were not in violation of the Geneva Conventions and were not in violation of the Detainee Treatment Act.”

McCain said he voted for the Military Commissions Act and Detainee Treatment Act.

The CIA has come under criticism recently for destroying videotapes in 2005 showing the interrogation of suspected terrorists. CIA Director Michael Hayden told the Senate Intelligence Committee last week that waterboarding was used on three detainees after the Sept. 11, 2001, attacks. The administration maintains it no longer uses waterboarding.

The intelligence authorization bill would authorize programs and spending for the intelligence community for the current fiscal year.

When reminded that President Bush has threatened to veto the bill over the torture ban provision, McCain replied: “That’s fine.”

Democrats picked up the votes of two Republicans who face tough re-election battles this year: Sens. Susan Collins of Maine and Gordon Smith of Oregon. Sen. Olympia Snowe, R-Maine, also crossed party lines to vote with Democrats.

Democratic Sen. Ben Nelson of Nebraska voted with Republicans. Democratic presidential hopefuls Sens. Barack Obama of Illinois and Hillary Rodham Clinton of New York did not vote.

The House passed the bill in December. Senate Democrats immediately hailed yesterday’s vote.

“For the first time, the Senate and the House have essentially said that there will be a uniform standard for the interrogation of detainees all across the government,” said Sen. Dianne Feinstein, D-Calif., who was responsible for inserting the provision into the conference report. “So torture is out.”

Democrats said they were surprised Republicans did not raise a point of order against the provision, given that it was inserted during conference proceedings. They suspected Republican leaders did not want to create difficult votes for McCain and other GOP lawmakers.

Although Senate Select Committee on Intelligence ranking member Christopher “Kit” Bond, R-Mo., said Tuesday he would consider raising a point of order, he never did. A Republican aide said the point of order was not raised because the bill is going to be vetoed.

“It will go to the White House to be vetoed,” Bond said. “We’ll have to start all over again and I’ll see if I can convince my colleagues that we drafted a very good bill the first time.”

Bond said he was “really disappointed because we haven’t had an intel authorization. There are a number of things that the intelligence community needed. There were things that we in the oversight committee wanted. This was a very good bipartisan issue until one of the last votes of the conference.”

-CHRIS STROHM, CongressDaily



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