The details of the understanding between on the military tribunal legislation are still being discussed, but I believe is that the McCain/Bush compromise will enshrine the status of the U. S. as a rogue nation into American law.
To date, the Bush administration has been conducting its torture exercises and rendition policy on an ad hoc basis outside American military codes and statutory law as well as international law. If the current proposals pass (and pass muster with the Supreme Court, the situation will change from the Bush administration being an outlaw government to the United States being an outlaw nation.
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