Graham said that any system used on foreign detainees must be the same as U.S. officials would want to see for American personnel captured overseas.
"Whatever we do … could come back to haunt us," Graham said.
"Do Americans want their sons or daughters tried under these kinds of circumstances?" Katyal said.
THE PRISONER PROBLEM
Bush's Plan Allows Coerced Evidence
Convictions could also be based on material unseen by the accused. The Senate may object.
By Maura Reynolds, Richard B. Schmitt and David G. SavageTimes Staff Writers
September 7, 2006
WASHINGTON — President Bush asked Congress Wednesday to approve a new system of military-style justice for terrorism suspects that would, for the first time, permit convictions in American courts based on the use of coerced evidence.
The Bush administration proposal also would permit war crimes convictions based on evidence that was never made available to the accused.
Bush said reliance on such controversial information at trial would be strictly limited, permitted only under a judge's ruling that it was relevant and credible, and that the use of coerced statements would stop short of allowing evidence obtained through torture.
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