On the recordNovember 10, 2005
Twelve and a half minutes. Mr. President, one thing I have not done in this whole process is be willy-nilly about this amendment or about this issue. I am deeply concerned as a Senator that we have lost the moral high ground in the war, that we have confused our own troops, that our interrogation techniques have been out of bounds. That is why I support Senator McCain and other Members of this body--90 to 9--to get it right, because we have to maintain the moral high ground. We did not have hearings about that because we do not need hearings. We know that our interrogation techniques have been confusing and sometimes unacceptable. We know it is time for America to say to the world that no matter what agency is involved or where the person is, they are going to be treated humanely. We know that. I have been dealing with this for a year. I have worked with Senator Specter. I have been trying to find some way to get a grip on the legal aspects of this war, as well as the moral aspects of this war. And before I got here--I am still an active member of the Reserves. I have been a judge advocate in the Air Force most of my adult life. Senator Leahy mentioned something: Let's be a nation of the rule of law. I applaud that. The question is, What is the law here? What is the rule of law when you are at war? The rule of law when you are at war is the law of armed conflict. When we were attacked on 9/11, we went to war, ladies and gentlemen. We are not fighting a criminal enterprise.…
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