So our current system since the Civil War is unconstitutional.

One question which arises immediately in view of the apparent Administration position, as stated yesterday by Department of Defense general counsel Jeh Johnson that we can hold indefinitely even people acquitted in the military tribunal…

I don't believe it does, because I believe that detention on the basis of dangerousness alone is unconstitutional.

I would point out that the United States Circuit Court of Appeals for the District of Columbia Circuit in 2008 said, with regard to the Uyghurs, or with regard to one of them at least, quote. 'It is undisputed that petitioner is not a…

What process is necessary to determine whether someone is or is not, in fact, a combatant?

The President does not have the authority to detain people on the basis of dangerousness.

The gentleman will suspend. If the gentleman wants to comment, I will grant him a minute to comment.

Today the Subcommittee examines the military commission system and, more importantly, how we as a Nation can work together productively to clean up the terrible legacy of the Bush administration's detention policies in a manner that…

The Supreme Court has never authorized a statute of that nature, and I think would be contrary to due process and most of the values that the United States stands for.

Are we giving it that process, or are current processes adequate to that?

In other words, we're going to divide the prisoners into different classifications.

I do not believe that detention purely on the basis of some assessment of dangerous is lawful under any law.