From WNYC in New York, this is NPR's On the Media.

I'm Brooke Gladstone.

And I'm Bob Garfield.

Last week, a federal judge ordered the Pentagon to release dozens of photos and videos depicting more prisoner abuse at Abu Ghrae Prison in Iraq.

The American Civil Liberties Union had sued the Defense Department over the pictures,

reportedly more graphic than those that set off a firestorm over the behavior of U.S.

military and civilian jailers in 2003.

The Defense Department is considering an appeal based on the increased threat to American

forces, it believes, will follow public viewing of inflammatory images.

At the same time the legal battle was playing out, the U.S. Senate was considering a measure

that would codify rules governing the treatment of POWs and detainees.

On Wednesday, the amendment, sponsored by Republican Senator John McCain, passed by a vote of 90 to 9.

McCain joins us now to discuss the sometimes conflicting values of military necessity, humane conduct, and the public's right to draw the line.

Senator, welcome to the show. Thank you, Bob. Your amendment passed by an overwhelming bipartisan

majority in the Senate but faces opposition

in the House and a possible presidential veto, what is the bone of contention?

The objection, as I understand it, that came from a meeting I had with the vice president

is that it is viewed as an unwarranted intrusion into executive branch responsibilities.

My response and our response to that is that the Constitution of the United States states very clearly

that a special responsibility of Congress is captures on land and sea.

So there's a significant difference of opinion here.

Now, that first set of Abu Ghraibaba photo was the smoking gun, but there's a significant difference of opinion here. Now, that first set of Abu Ghraibb photos was the smoking gun,

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