Deal Is Likely on Detainees but Not on Eavesdropping
By CARL HULSE and KATE ZERNIKE
Published: September 27, 2006
....Lawmakers in both the House and Senate said it now appeared doubtful that bills covering the National Security Agency’s eavesdropping program could pass both houses and be reconciled before Congress adjourns this weekend, an outcome that would deny Republicans one of the main achievements they hoped to take into the election....Republicans were optimistic about eliminating last-minute concerns over a separate measure laying out rules for interrogating terrorism suspects and trying them before military tribunals. They said they were hoping to send the bill to Mr. Bush by the end of the week for a signing ceremony that could help them kick off the home stretch of the campaign with a message that Republicans were taking strong steps to protect the nation from terror attacks....
***
Democrats, while being careful to say that they had made no decision to block the detainee bill, expressed rising concerns about changes to the proposal...The changes had been made over the weekend, as negotiators from the House and White House adjusted a compromise that had been reached between the White House and Senate Republicans on Thursday.
In one change, the original language said that a suspect had the right to “examine and respond to” all evidence used against him. Mr. Graham and his colleagues in resisting the White House, Senators John W. Warner of Virginia and John McCain of Arizona, had insisted that the provision was necessary to prevent so-called secret trials. The bill submitted late Monday dropped the word “examine” and left only “respond to,” reviving complaints about secret trials, this time from Democrats.
In another, the original compromise said that evidence seized “outside the United States” could be admitted in court even if it had been obtained without a search warrant....The bill introduced Monday dropped the words “outside the United States,” which Democrats said meant that prosecutors could ignore American legal standards on search warrants within the country. The bill also broadened the definition of an unlawful enemy combatant, from anyone “engaged in hostilities against the United States” to include anyone who “has purposefully and materially supported hostilities against the United States.”...
***
Democrats, who have found themselves on the losing end of the national security debate the past two national elections, said the changes to the bill had not yet reached a level that would cause them to try to block it altogether....
http://www.nytimes.com/2006/09/27/washington/27detain.html?hp&ex=1159329600&en=6a4643fc93717be9&ei=5094&partner=homepage