On the recordNovember 17, 2011
So would I, at my own detriment. I don't want to mandate the executive branch to do everything as Lindsey Graham would like. I want to start with a theory that makes sense and provides flexibility to change it if that makes sense. I don't want anybody to be in jail because somebody in the military said they are an enemy combatant. I want a Federal judge involved in a sensible way. I want due process to make sure we can tell the world: You are not sitting in a jail because somebody said you were guilty of something. You had a chance to challenge that. But to the critics: I will not stand for the idea that we can't defend ourselves under the law of war, because I believe we are at war. In war, we have the right to hold enemy prisoners. We don't have to let them go to kill again. In war, you can hold people and gather intelligence in a human way. That is what we are able to do under this bill--fight a war within our values. I yield. The PRESIDING OFFICER. The Senator from Arizona. Mr. McCAIN. Mr. President, I see the Senator from Illinois on the Senate floor, whom I know is very heavily involved in this issue. I think we have been debating this amendment now for about 3 hours, at least, and we have had a number of speakers from both sides. I hope that perhaps we can go ahead and vote on this amendment. I was informed and the chairman was informed by Senator Reid that there is a limited amount of time that can be spent on this bill.…





