The only answer I can give to Senator McCain is that there is a legitimate concern about encroaching on executive power. I have that concern. The executive branch is the lead agency in this war. They are the lead agency when it comes to…

The Senator is absolutely right. The flexibility of whether to Mirandize somebody exists. I don't know what is the best way. I do believe the best start is to take the Christmas Day Bomber off the plane and interrogate him in terms of what…

That is contract. If I might continue the conversation for a minute, if you don't mind. Would the Senator agree with me that if we all of a sudden required our soldiers to read Miranda warnings to an al-Qaida operative caught in…

I simply ask: Are you better off today than you were $4 trillion ago? I say not. Mr. Speaker, I come to the floor today to discuss the most important issue that we will take up this year, and that is a balanced budget amendment to the…

For the first time it is now not the whim of the administration. It will be the law of the land. Mr. McCAIN. If this bill is enacted.

If this bill is enacted. Mr. McCAIN. To kind of summarize this issue for our colleagues, we believe an al-Qaida operative is an enemy combatant and, therefore, the assumption should be that that enemy combatant should be under military…

That is correct. Mr. McCAIN. I would argue especially in the United States since that poses the greatest threat. However, with our assumption that that person should be held under military custody, we still give a very wide waiver in case…

Yes, with one caveat. There is a line of thinking that we should be using Federal courts exclusively, that military commissions are not appropriate in any circumstance, and that we should be using the law enforcement model once we deal…

If I may add another layer of process here. Some people on our side say that is way too much. You should throw these people in military--Senator Lieberman, my dear friend, if you left it up to him, everybody caught as an al-Qaida operative…

So would I, at my own detriment. I don't want to mandate the executive branch to do everything as Lindsey Graham would like. I want to start with a theory that makes sense and provides flexibility to change it if that makes sense. I don't…

I thank the Senator from Illinois. I wish to respond. No. 1, it is good to debate. It is good to have discussions about important matters. The Senator from Illinois is right. There is nothing more important than defending the homeland…

Absolutely. Unanimous Consent Agreement--Conference Report to Accompany H.R. 2112

If I may respond to my friend from Illinois, Hamdi was an American citizen captured in Afghanistan. He had joined al-Qaida--the Taliban, I guess in that case. We captured him when we went into Afghanistan. We brought him back and we held…

I promise, I will. Mr. McCAIN. So I ask unanimous consent that Senator Merkley be recognized after the Senator from South Carolina speaks for a couple minutes. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. McCAIN. I thank…

Mr. President, the exchange with Senator Durbin was very good. The law of the land is pretty clear--unequivocal, in my view-- that an American citizen captured overseas can be held as an enemy combatant, and every enemy combatant held at…

Mr. President, I ask unanimous consent to enter into a colloquy with my colleague from New Hampshire. The PRESIDING OFFICER. Without objection, it is so ordered.

We are talking about this amendment. Let's debate this amendment. Let's vote on this amendment. But the heart of the issue is whether the United States is part of the battlefield in the war on terror. The statement of authority I authored…

Does the Senator agree that with Senator Levin and a very bipartisan work product we have now created a legal system that says the following: If a U.S. citizen, a non-U.S. citizen is involved in an al-Qaida attack on our Nation, and is…