On the recordOctober 20, 2011
I oppose the amendment. This is a very different amendment from the one we adopted in our Armed Services Committee relative to detention. This amendment was rejected on a strong bipartisan vote in the Armed Services Committee. The reasons are set forth in a letter from the Secretary of Defense, Mr. Panetta, who wrote us: If we are to safeguard the American people, we must be in a position to employ every lawful instrument of national power--including both courts and military commissions--to ensure that terrorists are brought to justice and can no longer threaten American lives. By depriving us of one of our most potent weapons in the fight against terrorism, the Ayotte amendment would make it more likely that terrorists would escape justice and innocent lives would be put at risk. They have been successfully prosecuted. Recently in Detroit a terrorist was successfully prosecuted in an article III court. We should not deny the prosecutors this tool. I yield the remainder of my time to the Senator from Illinois, Mr. Durbin.
