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03/05/2006:

"U.S. Cites Exception in Torture Ban"

Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture."

Government lawyers have argued that another portion of that same law, the Detainee Treatment Act of 2005, removes general access to U.S. courts for all Guantanamo Bay captives. Therefore, they said, Mohammed Bawazir, a Yemeni national held since May 2002, cannot claim protection under the anti-torture provisions.

Bawazir's attorneys contend that "extremely painful" new tactics used by the government to force-feed him and end his hunger strike amount to torture.

U.S. District Judge Gladys Kessler said in a hearing yesterday that she found allegations of aggressive U.S. military tactics used to break the detainee hunger strike "extremely disturbing" and possibly against U.S. and international law. But Justice Department lawyers argued that even if the tactics were considered in violation of McCain's language, detainees at Guantanamo would have no recourse to challenge them in court.
washingtonpost.com


Pro-Israel Lobbying Group Roiled by Prosecution of Two Ex-Officials
WASHINGTON, March 4 — The annual gathering of the nation's top pro-Israel lobbying group, which starts here on Sunday, will be addressed by Vice President Dick Cheney and United Nations Ambassador John R. Bolton. Politicians are lined up to warn of the threat from Iran and Hamas. Workshops will offer advice on winning the legislative game on Capitol Hill.

But the official program omits a topic likely to be a major theme of corridor chatter: the explosive Justice Department prosecution of two former officials of the group, the American Israel Public Affairs Committee, that is ticking toward an April trial date.

The highly unusual indictment of the former officials, Steven J. Rosen and Keith Weissman, accuses them of receiving classified information about terrorism and Middle East strategy from a Defense Department analyst, Lawrence A. Franklin, and passing it on to a journalist and an Israeli diplomat. Mr. Franklin pleaded guilty and was sentenced to 12½ years in prison, though his sentence could be reduced based on his cooperation in the case.

The prosecution has roiled the powerful organization, known as Aipac, which at first vigorously defended Mr. Rosen and Mr. Weissman and then fired them last March. And it has generated considerable anger among American Jews who question why the group's representatives were singled out in the first place.

Aipac would appear to be an unlikely target for the Bush administration; it is a political powerhouse that generally shares the administration's hawkish views on the potential nuclear threat from Iran and the danger of Palestinian militancy.

It doesn't simply 'share' the views, but in large part generates them.


Bush Plan Would Raise Deficit by $1.2 Trillion, Budget Office Says
WASHINGTON, March 3 — President Bush's budget would increase the federal deficit by $35 billion this year and by more than $1.2 trillion over the next decade, the Congressional Budget Office reported on Friday.

The nonpartisan budget office said that Mr. Bush's tax-cutting proposals would cost about $1.7 trillion over the next 10 years and that his proposals to partly privatize Social Security would cost about $312 billion during that period.

The office also said Mr. Bush's proposals to save money on Medicare, Medicaid and most nonmilitary programs would offset about one-third of the cost of his other proposals.

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