... the administration doesn't seem to be listening:
Most military lawyers strongly oppose allowing secret evidence, arguing that such a plan would probably violate the Geneva Conventions and create a precedent for enemies of the United States to use show-trials for captured Americans. But administration lawyers maintain that classified evidence may be crucial to a case, and revealing it would compromise national security.
Members of Congress have pressured the White House to listen to the military lawyers as it drafts the legislation, and on Aug. 2, Attorney General Alberto Gonzales told lawmakers that ``our deliberations have included detailed discussion" with military attorneys whose ``multiple rounds of comments . . . will be reflected in the legislative package."
But the issue of secret evidence, officials said, has been off the table for all of those discussions with the exception of one meeting between Gonzales and the top military lawyers in late July. The session ended in an impasse, and the issue has not been raised again, they said.
Instead, new guidelines are being drafted by Bush-appointed attorneys in the Justice Department's Office of Legal Counsel. They met just once with a working group of military lawyers on July 28, following up with e-mail exchanges that stopped after the first week of August, according to officials.
At the start of the July 28 meeting, the officials said, the administration's lawyers announced that there was no point in debating the secret evidence issue at their level, so all their subsequent discussions were limited to more minor concerns -- mostly wording changes and procedural matters.
The whole piece is worth a read.