Battle Looms In Congress Over Military Tribunals

But McCain said yesterday that at a long White House meeting, with Graham and national security adviser Stephen J. Hadley an agreement was reached that legislation would use the military code -- not the administration's plan -- as the framework, and a final bill would adhere to Common Article 3 of the Geneva Conventions.

The bill could adopt language crafted by McCain last year to ban torture at U.S. detention facilities that makes some changes to Common Article 3. For instance, it could drop the phrase "outrages upon personal dignity," which the administration sees as overly vague. But McCain said the legislation would remain faithful to the conventions.

"We're moving along very well," he said.

The problem may be the House, which has taken a harder line and clashed repeatedly with the Senate over immigration legislation, McCain's torture ban, renewal of the USA Patriot Act and budget priorities. Rep. Barney Frank (D-Mass.) called House-Senate tension "the main dynamic of Congress this year."

"The House thinks the Senate is the cowardly lion, and the Senate thinks the House is the scarecrow without a brain," he said.

Hunter said he "instinctively" sees a problem with using the military justice code -- "a body of law meant to extend privileges to the men and women who wear the uniform of the United States" -- as the basis for trying suspects in the war on terrorism.

Rep. Joel Hefley (R-Colo.), an Armed Services Committee member who favors using the administration's tribunal plan, said an ugly clash with the Senate appears inevitable.

"As I sat there [in the hearing], I found myself struggling with whether we're going to be able to get anything done this year," Hefley said. As the election approaches, senators and House members from both parties will "demagogue this issue," he said, accusing opponents of being either soft on terrorism or lap dogs of the White House.

Staff writer Thomas E. Ricks contributed to this report.