On the recordNovember 17, 2011
Madam President, one, I would like to begin by thanking Senators Levin and McCain. I don't know how long Senator Levin and I have been working on this together--it seems like forever--trying to get a detainee policy in a post-9/11 world that the courts will accept and that lives within our values. I have just been thinking throughout the years about the journey we have taken--beginning with the Bush administration--where the idea of indefinite detention of unlawful enemy combatants originated by executive order. I do believe, since 9/11, we have been in a state of undeclared war with organizations such as al-Qaida. The Congress created legislation early on--right after the attacks of 9/11--allowing the President to use military force against al-Qaida. Part of being able to engage someone militarily is to detain those we capture. But that has been years ago. This is the first time Congress has spoken since the early days of the war. We tried during the Bush administration to work with the Bush people to create a law of war detention system by statute. We had a problem there. They felt the executive order was the way to go. I have always believed when the Congress and the White House work together, the courts appreciate it as being a more collaborative process.…





