Jack Reed: “We have to follow Common Article 3. However, the bill we are considering today authorizes the President to interpret the…”

“We have to follow Common Article 3. However, the bill we are considering today authorizes the President to interpret the Geneva Conventions and provides that such interpretations "shall be authoritative . . . as a matter of U.S. law, in the same manner as other administrative regulations." I think we are verging on a situation where the President, by definition, by clarification, and by regulation, could eviscerate these Common Article 3 protections. As I mentioned before, Secretary Powell and others have stated this is the core ideal, principle, we have to use in dealing with all of these individuals. Let me simply conclude, there is, I think, the presumption here that if we do not establish procedures that basically make it a slam dunk case, that we somehow are going to see these terrorists walk away, snub their noses at us, and start actively conspiring against us again. They will never see the light of day. No President will release these individuals. And no President will be forced under any international law to do so. But we will be judged whether, when we impose punishment--not detention, punishment--on these individuals, we have done it according to our principles that we can argue before the world and the American people represent our values; and we can insist that other nations that may hold our forces or civilians abide by the same principles. That is the issue here today. That is why I support Senator Levin's substitute amendment. I yield the floor.…”