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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

If we are going to use Federal court as a disposition for terrorists, you take everything that comes with being in Federal court.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

This is an important point here that, you know, the idea of preventive detention, I do not think Senator Feingold is high on that idea.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

With all due respect, every military lawyer that I have talked to is deeply concerned about the fact that if we go down this road, we are criminalizing the war, and we are putting our intelligence gathering at risk.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

But under domestic criminal law, the moment the person is in the hands of the U.S. Government, they are entitled to be told they have a right to a lawyer and can remain silent.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

What I am afraid of is the war on terror has become a police action, and I think that undermines our National security.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

We are making history here, Mr. Attorney General. I will answer it for you. The answer is no.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

Right. And under military law, you can hold somebody without any expectation of trial if they are, in fact, part of the enemy force.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

If we go down that road, we are going to make this country less safe.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

We are making history, and we are making bad history, and let me tell you why.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

I am here to tell you that I am sure he will get convicted in Federal court, but not because we are threatening the judge or the jury, but just because of the nature of the case.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

I think defending the worst among us makes us all better.

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

I just think when you are at war and the people you have in your capture the commander-in-chief has determined through a rational process are part of the enemy force or may go back to the fight, that America is not a better place for…

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

Now, from the protocols that we would institute from the military side, what would you recommend that our military commanders, intelligence officials do at the point of capture?

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Lindsey Graham
@lindseygraham· Republican · SC· Nov 17, 2009

I totally agree with you, and, you know, obviously we parted ways on some of this, but these are not easy decisions.

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