Mike Levin: “Senators Warner and McCain, over the last year, you have played an instrumental role in bringing needed clarity to the…”

“Senators Warner and McCain, over the last year, you have played an instrumental role in bringing needed clarity to the rules for the treatment of detainees in U.S. custody. I understand that you also played a key role in negotiating the provisions of the military commissions bill regarding the War Crimes Act and Common Article 3 of the Geneva Conventions. As you said last year when the Detainee Treatment Act was adopted, this is not an area in which ambiguity is helpful. For this reason, I hope that you will help me in providing a clear record of our intent on these issues. In particular, section 8(a)(3) of the bill provides that "the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions", that these interpretations shall be issued by Executive order, and that such an Executive order "shall be authoritative (as to non-grave breach provisions of Common Article 3) as a matter of United States law, in the same manner as other administrative regulations." Would you agree that nothing in this provision gives the President or could give the President the authority to modify the Geneva Conventions or U.S. obligations under those treaties?”