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In an absolutely stunning rebuke to JAG Lawyer Lindsey Grahem and the various Chiefs of the JAG Corps, classified information will not be shared with defendents or their lawyers: (Clearly, John McCain threw his pal Lindsey Grahem over the side of the ship.)

In terms of the military commissions issues, I’ll just give you a quick summary. A provision dealing with classified evidence makes sure that no sensitive intelligence will have to be shared with terrorists or their lawyers. The bar is very high. There will not be – the terrorists will not have access to classified information.

Information based on hearesy or coercion is fair game as long as it is reliable:

So that was the disposition of classified evidence. In terms of coerced statements, so-called coerced statements, or statements that are taken under circumstances when counsel for the defendant may allege coercion, the test is whether it is reliable, the statements are reliable and probative, and if they are, then they will come in. In addition to that standard, after the date of enactment of the Detainee Treatment Act, there is additional test to ensure that the methods by which any information was obtained are consistent with the standards of the Detainee Treatment Act.

So that was the resolution of that issue. And finally, on the issue of hearsay evidence, prosecutors will have wide latitude to use hearsay evidence, and the burden will be on the accused to show that the statement is unreliable or lacking in probative value.

What items are spelled out as being prohibited that the President can not authorize by Executive Order?

Q In enumerating actions that constitute violations, or actually that constitute grave breaches of Common Article 3, could you give us an example of what two or three of those grave breaches would be?

MR. HADLEY: I’ll give you a couple in terms of prohibited conduct – torture, cruel or inhuman treatment, performing biological experiments, obviously murder, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking hostages. These are the kinds of things we’re talking about.

Forced to stand for extended periods… Yep, from the movies I’ve seen, no room or chairs to sit down.

Deprived of sleep for extended periods…. Yep, raves more or less run all night.

Forced to listen to loud music for extended periods… Well, it won’t be Red Hot Chili Peppers, but Megadeath and Iron Maiden would probably be even more effective.

All we’d have to do is load them up on caffeine to keep them up between raves and I’d bet they’ll crack by the third night. 5 Super Big Gulps of Jolt and one swirly an hour should do it. Really want to keep them awake? only let them go to the restroom every other Super Big Gulp. LOL

Okay, I’ve come up with the ultimate new terrorist interrogation plan. We’ll put braces on all of their teeth, put them in marching band, form a fraternity and force them all to pledge and redo hell week and freshman year of high school until they crack. I have a sneaking suspicion that might be over the line in regards to the Geneva conventions, but I’d be willing to risk it under the grounds of it being an acceptable social norm in this country.

Article 3:

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ‘hors de combat’ by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(c) outrages upon personal dignity, in particular humiliating and degrading treatment;

(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.