A Guide to the Terrorism Bills

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BUSH'S BILL on questioning detainees would create military courts to try foreign detainees in the war on terrorism. The bill would expand the definition of who can be tried to include those charged with conspiracy and other lesser offenses. It would also establish the laws under which they would be tried--this in response to the Supreme Court's June ruling that the original tribunals Bush established after 9/11 did not comply with Geneva's requirement of a "regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples." The new courts would afford defendants the right to a civilian lawyer, an insanity defense and a copy of the proceedings, with classified information removed. But coerced statements could be accepted as evidence, and detainees could be denied access to classified intelligence presented to jurors to build the case against them. The bill would set strict limits on detainees' access to U.S. civilian courts.

MCCAIN'S BILL would prohibit the introduction of coerced statements and would allow defendants to see the evidence used against them. Its sponsors argue that statements obtained under duress are not reliable and that no one can properly defend himself without fully knowing what he is accused of. Bush has the Senate leadership and House Republicans on his side. Warner, McCain and Graham have moderate Republican supporters and most, if not all, Senate Democrats.