Patrick Leahy: “I strongly support Senator McCain's amendment to provide clear guidance for the treatment of detainees in U.S. custody.…”

“I strongly support Senator McCain's amendment to provide clear guidance for the treatment of detainees in U.S. custody. This administration has steadfastly refused to address the black mark on our Nation caused by its interrogation policies and the resulting abuse of detainees. Congress needs to take action. Our credibility and reputation as a world leader in human rights suffers from our unwillingness to openly address the flaws in our system. More importantly, the failure to provide clear guidance on the treatment of detainees puts our own troops at risk and undermines their efforts in Afghanistan and Iraq. I commend my colleagues across the aisle who are attempting to address this problem, despite resistance from members of their own party and the strong opposition of the White House. The President has threatened to veto any legislation that would regulate the treatment of detainees, claiming that it would impinge on his Commander-in-Chief authority. I fail to see how a bill requiring the humane treatment of detainees--the same treatment the President claims they now receive--would impinge on his authority in any way. It is Congress's right under the Constitution to issue regulations governing the armed forces. This was something I asked Chief Justice Roberts at his confirmation hearings, and he agreed ``that Congress can make rules that may impinge upon the President's command functions.'' He answered, ``Certainly . . .…”