Jon Kyl

I think there is a concern, at least among some of us in the Congress, that we need additional detention space.

I was disappointed that the only mention in the conference report of this is a report that I had asked to be done.

It is not secure yet, and the first line of defense are the Border Patrol agents.

The whole point there is the deterrent effect of detention.

I think it is really important that not Department of Homeland Security but somebody outside the Department make that evaluation.

I appreciate he had expressed as recently as September that his views were the same as previously expressed in opposition to the bill.

Obama shut down the commission despite the jihadists' efforts to conclude it by pleading guilty.

You have repeatedly said that your decision to try Khalid Sheikh Mohammed in Article III courts is because that is where you have the best chance to prosecute.

For 8 years, justice has been delayed for the victims of the 9/11 attacks.

The principal reason there were so few military trials is the tireless campaign conducted by leftist lawyers to derail military tribunals.

Mr. Chairman, thank you. I am sorry I missed most of your opening statement, the most important part of the hearing, but I am sure I will get a copy of that and review it.

Senator Kyl (R-AZ) stepped into the fray and demanded less conditional access and more Border Patrol freedom to respond and patrol.

Unnecessary restrictions be dumped

He wanted me to express his strong support for this hearing, the oversight role that the Judiciary Committee needs to play on the labs that we have

If we have to in some cases send some cases to military commissions to ensure that bad actors receive justice in an appropriate forum about which there can be no controversy as to its legitimacy, I do not have a problem with that.

But, really, what that would suggest is that anything that they object to about our Western way of life we should compromise because it might be a reason for them to recruit each other.

If it is a foreign national, I do not believe the individual would have a creditable claim that he cannot be detained under the alien removal statute.

In other words, the assumption is that people who would not have otherwise been recruited believed that the American system of justice at Guantanamo was insufficiently rigorous and, therefore, decided to object by becoming terrorists?

The existence of Guantanamo likely created more terrorists around the world than it ever eliminated.

Yes. And, by the way, I think everybody is in favor of having both avenues available, and I am not arguing with the priorities here and so on.

I think we have to go with the Senate's resolution.

I understand that, but what we are getting at here is it is going to be really hard to get an Article III prosecution if you do not give Miranda warnings.

It is a different system of justice which has a rich history, which has been discussed, you know, at length here today.

Is it true that in order to get an Article III prosecution, it is a whole lot better to have a Miranda warning if you are going to rely on statements given by the defendant?

Thank you. I meant to ask you, and I understand Senator Hatch may have asked you, the question about whether given the fact that we are going to have now a presumption for Article III jurisdiction or trials, it would not necessarily…