Jerry Nadler actually said...

"However narrow or broad the basket, you have to answer that question first--Are you an enemy combatant?--and have the procedural due process."

"Either this person is an enemy combatant, or he is not."

"Isn't it the case that if Russia or China or someone were doing what Mr. Cole posits, that we would condemn that out of hand?"

"My point was that however narrow or broad the basket, and I am not suggesting broadening it, you have to answer that question first--Are you an enemy combatant?--and have the procedural due process."