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 Clearing the Fog  On Interrogations
 
 By Lindsey Graham and Jane Harman
 
    Shortly after Sept. 11, 2001, President Bush concluded that al Qaeda and other terrorist organizations would not be entitled to protections provided by the Geneva Conventions. At the same time, however, he rightly emphasized that the policy of our government would be humane treatment for all those who fall into the hands of the United States.
 
  We strongly believe it is imperative to have a coherent, flexible and aggressive set of interrogation procedures, allowing our nation to acquire timely and valuable intelligence. This must be done, however, without forfeiting the moral authority that is inherent to our nation and essential to winning the global war on terrorism. 
 
  Unfortunately, some made early efforts to limit the definition of torture to acts "causing pain that is consistent with death or organ failure." This, in combination with the inconsistent interpretation of other pertinent laws, started us off on the wrong track. It has also left our military personnel subject to prosecution and reprimand from their respective branches of service.
 
  It is clear to us that the events at Abu Ghraib prison in Iraq, as well as the allegations of abuse at the U.S. military prison at Guantanamo Bay, Cuba, must be thoroughly addressed, and reforms enacted. Any attempt to "play cute" with international, domestic or military laws inevitably puts our own troops at risk, leaving our armed services personnel vulnerable to the same type of treatment if captured. It has been proved  that torture or other inhuman conduct as a technique of information-gathering is flawed and often produces unreliable information.
 
  We believe it is  time for a comprehensive review of our interrogation techniques. In addition, we must provide better legal guidance to those responsible for interrogations, possibly through the enactment of a new federal law. We envision such a law as requiring a collaborative effort between Congress and the departments of Defense and Justice in establishing procedures for the use of coercive interrogation techniques. This would help to ensure that we gather needed information without giving America a black eye.
 
  Interrogations are a vital tool in eliciting intelligence in the war on terrorism. Unfortunately, the gaps in our laws have left our interrogators without clear guidelines on how to elicit that vital intelligence.
 
  At the end of the day, this war will not be won by military action alone. The recent democratic elections in Iraq, combined with the successful elections in Afghanistan, signal historic changes in the region. We must empower moderate forces that are willing to fight the extremists. Behavior that appears to undermine the rule of law will undermine these efforts.
 
  The fog of war is thick enough. It's  time for Congress to acknowledge there is also a fog of law -- and consider a legal framework for interrogation procedures.
 
  Sen. Lindsey Graham (R-S.C.) is a member of the Senate Armed Services and Judiciary committees and a colonel in the Air Force Reserve. Rep. Jane Harman of California is the ranking Democrat on the House Permanent Select Committee on Intelligence.
 
   

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