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Bush Says Congress Must Pass Clear Law on Detainees (Update6)

By Catherine Dodge and James Rowley

Sept. 15 (Bloomberg) -- President George W. Bush said CIA intelligence-gathering that has already thwarted al-Qaeda attacks on the U.S. would stop unless Congress passes his proposed rules for the treatment of suspected terrorists.

``Were it not for this program, our intelligence community believes that al-Qaeda and its allies would have succeeded in launching another attack against the American homeland,'' Bush said in an hour-long news conference at the White House.

Bush raised the ante in the face of a rebellion by members of his own Republican Party on Capitol Hill. Four Republicans yesterday joined Democrats on the Senate Armed Services Committee to approve legislation that would give more legal protection to suspected terrorists than the administration wants.

Bush sidestepped a question on whether he would veto legislation that didn't match his proposal, saying he is confident Congress will send him a ``good bill.'' Bush's former secretary of state, Colin Powell, endorsed the Senate panel's approach, warning that the administration is risking the safety of U.S. troops and worldwide opinion by permitting harsh treatment of detainees and redefining what is allowed under the Geneva Conventions.

Powell, also a former chairman of the military's Joint Chiefs of Staff, said in a Sept. 13 letter to Republican Senator John McCain that ``the world is beginning to doubt the moral basis of our fight against terrorism.''

`Flawed Logic'

Asked today about Powell's suggestion the U.S. is following a flawed strategy, Bush said: ``If there's any comparison between the compassion and decency of the American people and the terrorist tactics of extremists, it's flawed logic.''

The legislation is needed to restart war-crimes tribunals Bush set up at the U.S. Navy Base at Guantanamo Bay, Cuba. The Supreme Court invalidated those tribunals in June, ruling that they fail to incorporate the 1949 Geneva Conventions on the treatment of war prisoners.

Bush said those treaty standards are ``vague'' and the U.S. has learned valuable information from detainees. ``I'm asking Congress to pass a clear law with clear guidelines,'' he said. ``If Congress passes a law that does not clarify the rules, the program is not going forward.''

Gonzales Comments

Attorney General Alberto Gonzales told reporters that the Supreme Court decision created ``confusion and concern'' about Central Intelligence Agency interrogation techniques. On Sept. 6, Bush announced that all 14 ``high-value'' detainees at CIA- operated prisons had been transferred to Guantanamo Bay.

While ``there is no one currently in CIA custody,'' the attorney general said, ``We're going to capture additional high- value detainees'' and ``we will need to get information from them.''

Four of the 13 Republicans on the Senate panel joined all 11 Democrats to approve their version of the measure, rejecting Bush's proposal to bar defendants from seeing classified evidence prosecutors may want to use in court. The committee acted just hours after the president made an unusual visit to Capitol Hill yesterday to urge support for his proposals on domestic eavesdropping and military tribunals.

In addition to McCain, a former Vietnam War prisoner and torture victim, Republican Senators John Warner of Virginia, the panel's chairman; Lindsey Graham of South Carolina, a former Air Force lawyer, and Susan Collins of Maine sided with the Democrats. Senator Olympia Snowe, also a Maine Republican, announced today she would support the bipartisan measure. Republicans John Sununu of New Hampshire and Arlen Specter of Pennsylvania have also voiced support.

Treaty Obligations

Graham, in a statement, took issue with the president's characterization of the legislation. ``What is being billed as `clarifying' our treaty obligations will be seen as `withdrawing' from the treaty obligations,'' he said. ``The Senate legislation, for the first time, clearly defines what would be criminal conduct by the CIA in the war on terror.''

``When conservative military men like John McCain, John Warner, Lindsey Graham and Colin Powell stand up to the president, it shows how wrong and isolated the White House is,'' said Senator Charles Schumer, a New York Democrat, in a statement.

After the committee vote, McCain accused CIA Director Michael Hayden of asking to be ``immunized not from liability but from criticism.''

``If one of his techniques is made public and gets criticized, he can say, `Well, Congress told me to do it,''' McCain told reporters. ``He is trying to protect his reputation at the risk of America's reputation.''

CIA spokesman Mark Mansfield said Hayden was trying to protect CIA employees.

CIA Interrogations

Lieutenant General Patrick Hughes, the former head of intelligence at the Homeland Security Department, said the committee's measure was ``implicitly limiting'' of CIA interrogations.

``Surely no one believes we can use a 1940's set of rules -- absent any change -- to govern our actions now,'' Hughes said.

Steven Fleischmann, a former official at the State Department's Bureau of Intelligence and Research, said the U.S. should be more concerned about the perception of abuse adding to the difficulties of fighting the war on terror.

``Fear on the other side can be a useful tool in getting people to cooperate, but anger on the other side helps them recruit,'' he said. The debate over detainee treatment ``seems feckless and likely to catch mid-level personnel in the middle of a domestic political struggle.''

Senate Republican Whip Mitch McConnell, who supports Bush's measure, promised that ``a floor debate will highlight important bright-line issues.'' In a Senate speech today, McConnell said ``only one side of the argument has been prevalent in the last day or do.'' House leaders plan a vote next week on legislation that closely tracks Bush's proposal.

The intra-party squabble has disrupted Republican plans to highlight their differences with Democrats over national security before the Nov. 7 elections. All 435 seats in the House of Representatives are up for grabs, as are 33 of 100 Senate seats. To overturn the Republican majorities, Democrats need a net gain of 15 seats in the House and six in the Senate.

To contact the reporters on this story: Catherine Dodge in Washington at Cdodge1@bloomberg.net James Rowley in Washington at jarowley@bloomberg.net.

Last Updated: September 15, 2006 16:49 EDT

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