On the recordOctober 19, 2011
I appreciate the patience of the Senator from Maryland. This is a spirited debate about an important set of amendments being offered, and I wish to rise in opposition to amendment No. 753, which has been offered by the Senator from New Hampshire, Ms. Ayotte. While I enjoy working with Senator Ayotte on the Armed Services Committee, and I appreciate her contributions to the committee, I have to say I strongly disagree with her amendment. Senator Ayotte's amendment would prohibit the United States from trying enemy combatants in article III civilian courts. These courts refer to article III of our U.S. Constitution. Our article III courts, as the Presiding Officer knows, are the envy of the world. While there is a role for military tribunals, they are certainly not the only solution. Frankly, by prohibiting the use of article III courts, we may actually hinder our efforts to bring terrorists to justice. The Ayotte amendment would put the military smack in the middle of our domestic law enforcement efforts in our fight against extremists and terrorists. My friend from New Hampshire argues this is a war that should be prosecuted by our military. But the reality is, in many cases, the best course of action is for our domestic law enforcement, the FBI, and others, to take the lead. This amendment would prevent the Department of Justice from questioning or prosecuting terrorists caught on U.S.…





