Senators challenge WH on terrorists

Associated Press

DONNA CASSATA,Associated Press

Updated: Nov 28, 2011 11:42 AM

WASHINGTON (AP) — The top lawmakers on the Senate Armed Services Committee on Monday defended their approach to handling suspected terrorists in a sweeping defense bill, rejecting White House criticism and the threat of a presidential veto.

In an op-ed in The Washington Post, Democrat Carl Levin and Republican John McCain complained about a basic misunderstanding about the provision of the bill requiring military custody rather than civilian for a captured terror suspect. They argued that the bill includes a waiver that allows the administration to decide a suspect's fate as well as who should be covered by the requirement.

"Its provisions on detainees represent a careful, bipartisan effort to provide the executive branch the clear authority, tools and flexibility of action it needs to defend us against the threat posed by al-Qaida," the two senators wrote.

Not so, counters the White House and Defense Secretary Leon Panetta, who argue that the bill would limit the administration as it tries to act quickly in the war on terror.

"This unnecessary, untested and legally controversial restriction of the president's authority to defend the nation from terrorist threats would tie the hands of our intelligence and law enforcement professionals," the White House Office of Management and Budget said in a statement.

The provision would require military custody of a suspect deemed to be a member of al-Qaida or its affiliates and involved in plotting or committing attacks on the United States. Not only has it drawn a veto threat, but it has divided senior Senate Democrats, pitting Levin against leaders of the Intelligence and Judiciary committees.

The Senate planned to resume work on the massive defense bill on Monday with disputes looming over the military custody provision and others limiting the administration's authority to transfer detainees.

Levin, D-Mich., and Arizona's McCain, the top Republican on the Armed Services Committee, wrote that it would be tragic if the misunderstandings over the bill on detainee policy scuttled the legislation.

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