“A senior administration official, who spoke on the condition of anonymity, said in an interview that Bush essentially got what he asked for in a different formulation that allows both sides [Bush and dissident Republican senators] to maintain their concerns were addressed. ‘We kind of take the scenic route, but we get there,’ the official said.” —Washington Post
MILITARY COMMISSIONS ACT OF 2006
SEC. 8 – IMPLEMENTATION OF TREATY OBLIGATIONS
(a) IN GENERAL. — For the purposes of all proceedings in courts of law, whether domestic, foreign, or international, 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, the term “Violations of the Geneva Conventions” shall be replaced by the term “Violations of the Geneva Conventions Even By American Standards.”
(b) REVISION TO WAR CRIMES OFFENSE UNDER FEDERAL CRIMINAL CODE.–(1) Section 2441 of title 18, United States Code, is amended by adding at the end the following new subsection:
ACTIONS WHICH MAY OR MAY NOT CONSTITUTE VIOLATIONS OF THE GENEVA CONVENTIONS EVEN BY AMERICAN STANDARDS.
(A) INDUCED HYPOTHERMIA–No prisoner shall be kept for a period exceeding forty-eight (48) hours at a temperature below that of the meat locker of a Safeway, Stop & Shop, or other major supermarket chain, and doused with cold water at a frequency greater than twice per hour, unless permitted to wear appropriate clothing.
(i) For the purposes of paragraph (A), “appropriate clothing” shall be defined as follows: (a) For male prisoners, thong panties and strapless brassieres, or, in the case of low-value suspects, teddies; (b) for female prisoners, cowboy boots.
(B) SIMULATED DROWNING–No prisoner shall be continuously subjected to simulated drowning (“waterboarding”) for a period longer than sixty (60) minutes by an interrogator who has not, during the previous thirty (30) years, engaged on at least one occasion in (a) skateboarding, (b) surfboarding, (c) wakeboarding, (d) boogieboarding, or (e) sitting for a College Board examination.
(C) LONG-TIME STANDING–No prisoner shall be forced to stand erect for a period exceeding forty-eight (48) hours, unless permitted to shift his or her weight from foot to foot.
(D) EAR-SPLITTING MUSIC–No prisoner shall be subjected, for a period exceeding twenty-four (24) hours, to music at a volume exceeding that of the explosion of a two-ton cruise missile heard from a distance of fifteen (15) yards.
(i) For the purposes of paragraph (D), “music” shall be defined as recordings by (a) the Oak Ridge Boys, (b) the Knack, (c) John Fogerty, (d) Joni Mitchell, (e) George Jones, (f) John Hiatt, and (g) such other artists as the President may, from time to time, choose to download.
(ii) Recordings and live performances by other artists, such as Eminem or the Red Hot Chili Peppers, are not restricted under the terms of paragraph (D).