Does the Senator agree that the criminal justice system is not set up to gather military intelligence?

Does the Senator agree with me that his amendment that says you can be acquitted but still be held as an enemy prisoner is consistent with the law today?

Does the Senator agree with me that if this Congress chose to change the law and say that an American citizen who has associated himself with al-Qaida cannot be interrogated for intelligence-gathering purposes, we would be less safe?

Does the Senator agree that holding an enemy prisoner-- one of the benefits of capturing someone is gathering intelligence?

Let's just logically walk through this. In every war in which America has been involved, American citizens unfortunately have chosen at times to side with the enemy. Our courts say the executive branch can hold them as enemy combatants…

Does the Senator agree with me that the dangers our Nation faces do not justify changing existing law, denying this country the ability to gather intelligence even against an American citizen joined with al-Qaida, that that would be an…

Every detainee not only gets their day in Federal court, the government must prove they have a solid case to hold them as an enemy combatant, and everyone gets a yearly review as to whether they are a continuing threat?

So everybody held after judicial review for the first time in the history of warfare. Does the Senator agree with me that the annual review process that we have created by this law, this bill, the Defense Authorization Act, is something we…

Does the Senator agree that the government has to prove to an independent judge by a preponderance of the evidence that the person is a member of al-Qaida involved in hostilities?

Under the law as it exists today, an American citizen can be held as an enemy combatant. The question we are debating on the floor--Senator Feinstein is saying that in the future an American citizen who is deemed to have collaborated with…

I ask unanimous consent to have 1 more minute. The PRESIDING OFFICER. The Chair was informing the Senator that 10 minutes has elapsed.

Does the Senator agree with me that we do not want to start the practice in the United States that everybody we capture as an enemy prisoner is automatically a war criminal because that could come back to haunt our own people in future…

Now, we are good friends, and we are going to stay that way. But you keep saying something, Senator Durbin, that is not true. The law of the land is that an American citizen can be held as an enemy combatant. It is the Hamdi decision, and…

Simply stated, if a person decides to collaborate with al-Qaida in a very limited way, can we hold them? They have to be a member of al-Qaida or affiliated with it or be involved in a hostile act. But if they do those things, historically…

Does my colleague agree with me that the recidivism rate of people we are releasing from Guantanamo Bay has gone up?

Does he agree with me that we need a legal system that understands the difference between fighting a war and fighting a crime?

Let's imagine a scenario next week where we find an al- Qaida cell exists that is planning a series of attacks against the United States, and within that cell we have some American citizens and we have people who have come here who are…

The only way they will be trumped and the only way we will find consensus to save this country from becoming Greece, Spain and Italy is to impose a constitutional requirement on the Congress.