I'd like to know how location would matter.

If you compare our military commissions system... we're much more... liberal in terms of providing due process.

I think our hearsay rules are much more restrictive, quite frankly.

The courts will look at these trials in terms of due process.

Either the evidence is not the type you would take to a beyond a reasonable doubt trial or it has some national security implications.

I think we'll find some common ground here about the evidentiary standard as far as a statement goes.

Maybe being the odd guy out as a Republican, I believe that also, simply because Generals Petraeus, Odierno, and every other combat commander has said that being able to start over with detainee policy would take a tool off the table used…

I just can't believe, quite frankly, given the Supreme Court cases, that if you close Guantanamo Bay, move the detainees within the United States and performed a military commission trial like we did in World War II, that there'd be a…

No one should be detained in America for an indefinite period of time that doesn't go to a civilian court or a military court without an independent judicial review.

I do believe, as the other two witnesses have indicated, that it has a very strong role to play in this fight we're in, and historically it's been used in the past.

We're going to need something new.

I want to compliment this committee. I think you have taken a very reasoned approach to military commissions.

What we are doing with this bill, in my opinion, is setting a standard beyond what international law would require.

One of the big concerns that we have as a Nation, Mr. Johnson, is what percentage of the Guantanamo Bay detainees do you believe will be held off the battlefield but never go to an Article III court or a military commission trial?

In the military setting, is it a permissible behavior of a country to hold someone under the theory that they're a belligerent enemy combatant indefinitely if the evidence justifies that finding?

This location issue is very important because of the politics of this, for lack of a better word.

To the Guard force families who may be listening, what your loved one goes through every day at Guantanamo Bay is a real sacrifice.

We need to look as a Nation about creating uniformity to these habeas rights.