This should not even be an issue.
From the Los Angeles Times via azcentral.com:
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Girding for a potential fight with the Bush administration, supporters of a ban on torturing prisoners of war by U.S. interrogators threatened Friday to include the prohibition in nearly every bill the Senate considers until it becomes law.
The no-torture wording, which proponents say is supported by majorities in both houses of Congress, was included last month in the Senate's version of a defense spending bill. The measure's final form is being negotiated with the House, and the White House is pushing for either a rewording or deletion of the torture ban.
On Friday, at the urging of Sen. John McCain, R-Ariz, the Senate by a voice vote added the ban to a related defense bill as a backup.
Speaking from the Senate floor, McCain said, "If necessary - and I sincerely hope it is not - I and the co-sponsors of this amendment will seek to add it to every piece of important legislation voted on in the Senate until the will of a substantial bipartisan majority in both houses of Congress prevails. Let no one doubt our determination."
The ban would establish the Army Field Manual as the guiding authority in interrogations and prohibit "cruel, inhumane, and degrading treatment" of prisoners.
The Bush administration has sought to exempt the CIA from the ban.
McCain's stature in the fight is enhanced because he was tortured while he was a prisoner during the Vietnam War. When the Senate voted to include the ban in the defense spending bill last month, it was approved 90-9.
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