1 Boring Old Man

Senators Snatch Defeat From Jaws of Victory:
U.S. to be First Nation to Authorize Violations of Geneva

Here’s the language. It’s not subtle at all, and it only takes 30 seconds or so to see that the Senators have capitualted entirely, that the U.S. will hereafter violate the Geneva Conventions by engaging in Cold Cell, Long Time Standing, etc., and that there will be very little pretense about it. In addition to the elimination of habeas rights in section 6, the bill would delegate to the President the authority to interpret "the meaning and application of the Geneva Conventions" "for the United States," except that the bill itself would define certain "grave breaches" of Common Article 3 to be war crimes.

Here are some highlights from the so-called ‘compromise’…

SEC. 7. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
(a) IN GENERAL. No person may invoke the Geneva Conventions or any protocols thereto in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party as a source of rights, in any court of the United States or its States or territories.

 and

(3) INTERPRETATION BY THE PRESIDENT.
(A) As provided by the Constitution and by this section, the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions.
(B) The President shall issue such interpretations by Executive Order published in the Federal Register, and such orders shall be authoritative (as to non-grave breach provisions) as a matter of United States law, in the same manner as other administrative regulations.
(C) Nothing in this section shall affect the constitutional functions and responsibilities of Congress and the judicial branch of the United States.

I’ve got sort of a sick feeling in the pit of my stomach and can’t think of much to say. I’m not much on legalese, but this isn’t a compromise. It’s a capitulation.