Rand Paul: “With regard to releasing prisoners, I am not asking that we release them. I think there probably have been some mistakes…”

“With regard to releasing prisoners, I am not asking that we release them. I think there probably have been some mistakes with people who have been let go. What I am asking only is for due process, and we released some of those people without any kind of process and a flawed process. So we did make a mistake. Due process does not mean, and believing in the process does not mean necessarily that we would release these people. Due process often convicts. Jose Padilla was given 17 years in prison with due process. So I do not think it necessarily follows that I am arguing for releasing prisoners. I am simply arguing that people, particularly American citizens in the United States, not be sent to a foreign prison without due process. Mr. McCAIN. Mr. President, in response to that, we are not arguing that they be sent to a foreign prison. What we are arguing is that they are designated as enemy combattants. When they are enemy combatants, then they are subject to the rules and the laws of war. Again, I point out the fact that there have been a number who have been released who have reentered the fight, and that kind of situation is not something we want to prevail. So as I said, facts are stubborn things, and they are designated as enemy combatants and will be treated as such during the period of conflict.”