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Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

I acknowledged in the Christmas Day Bomber case, in the Times Square attempted bombing, that they were put in Federal court. I am okay with that. I do believe in the ``all of the above'' approach. Our Federal courts can handle cases…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

That is correct. Mr. McCAIN. Is it not true that according to that decision, the U.S. Supreme Court, whom we ask to interpret the Constitution of the United States--they have made many interpretations over the years--says there is no bar…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

I will be glad to yield to my friend from Illinois. Let me just try to set the stage the best I can. And I would love to have Senator Levin weigh in and anyone else. The law, as it exists today, to my good friend from Illinois, has long…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

Mr. President, I will wrap this up. I know we have colleagues who want to speak. Let me reiterate what Senator Lieberman said. There is a stream of thought that every member of al-Qaida, American citizen or not, is an enemy of the people…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

Right. What we have done in the Military Commissions Act in 2009, civilians, American citizens cannot be tried in military commissions. It can only go to Federal court. But the point we are trying to make is it has been long held in this…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

That is correct, and we have been working on that together for 5 years. To respond, if I may, because I think it is a very good discussion, does the Senator agree with me that under the law that exists today, in terms of the Supreme Court…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

Does the Senator agree with me that every enemy combatant, citizen other otherwise, held at Guantanamo Bay or captured in the United States has their day in Federal court through habeas proceedings?

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

My point to my colleagues--and I enjoyed this discussion--is that if you take the ability to hold someone as an enemy combatant off the table, you cannot interrogate them for intelligence- gathering purposes, and if you put a time limit on…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

In our civilian law, we can hold people who are a danger to themselves or others without a trial but with judicial oversight; is that correct?

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

I thank the Senator for offering this amendment. To my colleagues, we are trying to fight a war, not a crime, within the value systems of being the United States, being the champion of the free world. I do not believe in torturing people…

Congressional Record · 2011-11-30
Lindsey Graham
@lindseygraham· Republican · SC· Nov 30, 2011

Would the Senator agree with me that it is very smart to evaluate whether we should allow someone to be let go and intelligence professionals should be able to make that decision as to whether the individual is a military threat, that that…

Congressional Record · 2011-11-30