Jon Kyl: “Madam President, I wish to make one quick point in response to what the Senator from Connecticut pointed out, recalling…”

“Madam President, I wish to make one quick point in response to what the Senator from Connecticut pointed out, recalling his very famous father, somebody who served in this body and served our Nation well in other capacities, including at Nuremberg, and his friend, Justice Jackson, the same Justice Jackson whom I quoted. The Senator wasn't on the floor, but I quoted Justice Jackson in the Eisentrager case to point out that nothing could fetter our commanders more than to require habeas corpus rights for the German prisoners of war or the prisoners who were at issue in the Johnson v. Eisentrager case. Justice Jackson himself recognized that the procedures that were awarded to the 50-some war criminals at Nuremberg were not the same kinds of procedures that were being sought in the Eisentrager case. And the habeas corpus rights that would be granted under the Leahy amendment are far different from the rights that were granted to the Nuremberg war crimes defendants.”