Senate negotiatators are considering a second amendment that would override military regs and let tribunals use evidence gained, ahem, "as a result of coercion." Here's what the amendment says:
(1) Assessment -- The procedures submitted to Congress pursuant to subsection
(a)(1(A) shall ensure that a CSRT, ARB or any similar or successor administrative tribunal or board, in making a determination of status or disposition of any detainee under such procedures, shall to the extent practicable assess --
(A) whether any statement derived from or relating to such detainee was obtained as a result of coercion; and
(B) the probative value (if any) of such statement
Need a reminder about what probative means? (I did): "Furnishing evidence or proof." In other words, testimony obtained through torture can be considered if it's "useful." Human-rights lawyer Scott Horton has the details.
Apparently the amendment has been agreed to by Carl Levin (for some reason) but it reportedly isn't a sure thing.
P.S. Combine this loophole--'evidence' gleaned from torture is A-OK so long as it's useful--with the fact that McCain's amendment is silent on rendition, and you can just imagine the frequent-flier miles some detainees will rack up.
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