The question is why the tentative agreement reached Thursday by the White House with Sens. John Warner, John McCain and Graham, Republican members of the Armed Services Committee, could not have been achieved sooner. The senators complained the administration was slow sending up legislation needed for military trials of enemy terrorists after the Supreme Court struck down the U.S. tribunal system. It took an embarrassing intraparty quarrel to spawn compromise.Such Republican disarray seven weeks before difficult midterm elections raises doubts of how much the Bush team has learned over six years. The terrorist tribunal dispute saw the president take a hard, no-compromise line, appearing to lose his temper publicly. With support in his own party disintegrating, the president had to compromise last week and seemed in retreat.
Bush aides bridle at suggestions they did not seek compromise with the dissenting senators after the June 29 Supreme Court decision ruling out the present process. Administration officials conferred with McCain and Graham July 1, and held at least 10 more meetings during July.
The White House believed Graham was on board. Bush aides cite his comments at an Aug. 2 Senate hearing: "I'm very pleased with the collaborative process," adding, "You've reached out to me and others, and to the legal community in the military." To the president's advisers, Graham jumped overboard because he wanted to be attorney general in a McCain Cabinet.
In fact, McCain and Graham traveled to the same destination from different directions. McCain, a tortured prisoner-of-war, did not want to redefine the Geneva Convention's treatment of POWs. Graham, with 22 years' experience as a reserve Air Force lawyer, represented the view of judge advocate generals that terrorist defendants cannot be totally denied access to evidence. Warner, scheduled next year to hand his Armed Services chairmanship to McCain under term limits, supported the two dissenters.
Contending that his position had nothing to do with seeking future office, Graham told me: "I was not going to let this event define me for the rest of my life. I like being a senator, but not to that extent."