The White House, President George W. Bush Click to print this document

For Immediate Release
September 15, 2006

Now and Then: Editorials on the McCain Amendment

     Fact sheet Setting the Record Straight

Today, The Washington Post Editorialized That The Administration's Common Article 3 Proposal Allows For Torturing Detainees. (Editorial, "A Defining Moment For America," The Washington Post, 9/15/06)

However, The President's Proposed Legislation Clarifies Common Article 3 By Applying The McCain Amendment Prohibiting Torture To The War On Terror. The proposal clarifies our obligations under Common Article 3 by reference to the U.S. Constitutional standard already adopted in the McCain Amendment and in the U.S. Reservation to the Convention Against Torture. The McCain Amendment – which is part of the Detainee Treatment Act (DTA) – prohibits "cruel, inhuman, or degrading treatment or punishment," as defined by reference to the Fifth, Eighth, and Fourteenth Amendments of the U.S. Constitution, for all detainees held by the United States, regardless of nationality or geographic location.

Previously, Newspapers Including The Washington Post Editorialized In Favor Of The McCain Amendment, Saying It Would Prohibit Torture


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