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Many of the harsh interrogation techniques repudiated by the Pentagon on Wednesday would be made lawful by legislation put forward the same day by the Bush administration. And the courts would be forbidden from intervening.
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In June, in Hamdan v. Rumsfeld, the Supreme Court ruled that a provision of the Geneva Conventions concerning the humane treatment of prisoners applied to all aspects of the conflict with Al Qaeda. The new bill would keep the courts from that kind of meddling, Professor Yoo said.
“There is a rejection of what the court did in Hamdan,” he said, “which is to try to judicially enforce the Geneva Conventions, which no court had ever tried to do before.”