On the recordNovember 29, 2011
There have been so many misstatements and facts that have been made, it is hard to keep up with them. Let me just take the last statement the Senator from Illinois made about changing military tribunal law. There is no change in military tribunal law whatsoever made in this bill. I am going to address the other misstatements that have been made by my friends and colleagues, but that was the most recent, so I just want to take on that one first. In terms of constitutional provisions, the ultimate authority on the Constitution of the United States is the Supreme Court of the United States. Here is what they have said in the Hamdi case about the issue both of our friends have raised about American citizens being subject to the law of war. A citizen--the Supreme Court said this in 2004--no less than an alien can be part of supporting forces hostile to the United States and engaged in armed conflict against the United States. Such a citizen-- referring to an American citizen--if released, would pose the same threat of returning to the front during the ongoing conflict. And here is the bottom line for the Supreme Court. If we just take this one line out of this whole debate, it would be a breath of fresh air to cut through some of the words that have been used here this morning--one line. ``There is no bar to this Nation's holding one of its own citizens as an enemy combatant.'' That is not me, that is not Senator Graham, and that is not Senator McCain.…
Source
govinfo.gov




