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I've just searched thru many links, but haven't found the EXACT place & language in this 2005, so-called McCain amendment that explicitly gives Miranda-like legal rights to combatants captured over-seas.

The NRO articles claim that the amendment does so, but they do fail to tell how and why. They do go into the background and details of how Miranda warnings were applied in the case of the 1998 bombing of the U.S. embassy in Kenya.

Searching the 2005 amendment links at the U.S. Senate web pages proved unfruitful. Where in this lengthy amendment is the language that would lead us to think Obama could point at McCain, rather than simply to the earlier, Kenya bombing, field interrogatory practice? Otherwise, there was a recent WSJ piece;How to Handle the Guantanamo Detainees , authored by McCain and Lindsey Graham in which they pointed out that combatants should be tried under the rules of war, not U.S. civil code.

FROM THE WSJ article, referenced & linked, above;

- First, do not confuse war with common criminality. The detainees held at Guantanamo are not common criminals, but warriors the vast majority of whom are fundamentally committed to the destruction of our way of life. The appropriate legal foundation upon which detainee policy should be built is the law of war, along with procedures adapted from our military justice system.

U.S. Senate Roll Call Votes 109th Congress - 1st Session as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate Vote Summary Question: On the Amendment (McCain Amdt. No. 1977 ) Vote Number: 249 Vote Date: October 5, 2005, 08:53 PM Required For Majority: 1/2 Vote Result: Amendment Agreed to Amendment Number: S.Amdt. 1977 to H.R. 2863 Statement of Purpose: Relating to persons under the detention, custody, or control of the United States Government. Vote Counts: YEAs 90 NAYs 9 Not Voting 1

Here is the text of Senate Amendment 1977 to H.R. 2863

SEC. __. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT. (a) In General.--No individual in the custody or under the physical control of the [Page: S10909] United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment. (b) Construction.--Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section. (c) Limitation on Supersedure.--The provisions of this section shall not be superseded, except by a provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies, or supersedes the provisions of this section. (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--In this section, the term ``cruel, inhuman, or degrading treatment or punishment'' means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.

And here is the Public Law:

Public Law 109-148 109th Congress SEC. 1003. <> PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT. (a) In General.--No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment. (b) Construction.--Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section. (c) Limitation on Supersedure.--The provisions of this section shall not be superseded, except by a provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies, or supersedes the provisions of this section. [[Page 119 STAT. 2740]] (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.-- In this section, the term ``cruel, inhuman, or degrading treatment or punishment'' means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.