It should be construed as a reasonable ability to defend the homeland against a real threat. And the question is, Do you feel threatened anymore? I do. I think al-Qaida is alive and well. And to all those who have been fighting this war…

It has been a long-held concept in American jurisprudence that when an American citizen sides with the enemies of our Nation, they can be captured, held, and treated as an enemy combatant; they have committed an act of war against our…

I thank my colleague. That is a very good question. This has been a very lively debate. Senator Paul has a lot of passion, and that is a great thing. This is an important issue. We should be talking about it, and I welcome a reasoned…

I could not welcome that more. It worked with the Detainee Treatment Act, it worked with the Military Commissions Act. I think it is the right way to go. Mr. McCAIN. Madam President, I think that concludes our discussion. I would agree…

There are. MR. DURBIN. I might add that in my conversations with the President he welcomes this. He has invited us to come up with a legal architecture to make certain it is consistent with existing precedent and military law and other…

Senator Graham said the administration, quote, 'snuck him in under the nose of Congress.'

The military has legal authority under the Constitution and the Authorization to Use Military Force to strike back against al Qaeda.

I want to stand by you and the President to make sure that we do not criminalize the war and that the commander-in-chief continues to have the authority to protect us all.

Are you aware that over 4 million [AR-15s] have been purchased by American citizens?

I think it existed in New Orleans, to some extent up in Long Island.

I believe Article III courts have a robust role in the war on terror, and I also want to say that military commissions have their place also.

Would that not be kind of crazy to exempt the homeland, the biggest prize for the terrorist to say for some reason the military cannot defend America here in an appropriate circumstance?

I can assure the public--and we will not disclose--that the al Qaeda organization is actively involved in seeking American citizens' support.

If you want a grand bargain here's what you need to do for us.

the president's going to get from them is, OK, if you want a grand bargain, here's what you need to do for us.

It is a longstanding proposition in American law that an American citizen who joins the forces of our enemies can be considered an enemy combatant.

I think it has really helped us in Afghanistan and Pakistan. And I just believe it is a tactical tool that this President should be using, and I think he is using it responsibly.

I think the North Korean nuclear program would come to a grinding halt as soon as China demands that it happen.

Am I overstating that?

We have two choices here: bring them to their senses, which is to stop developing a nuclear weapon capability; or bring them to their knees, so they can't develop a nuclear weapon capability.

Do you believe if we do not deal with the Iranian nuclear program between now and the end of the year, we are probably in trouble one way or the other?

If these best business practices are in the minds of the government meaningful, we would grant liability protection to those who met those standards. It would be voluntary.

I just do not want to destroy the military in the process.

Would it severely restrict our ability to deal with the threat that you face today in your backyard; do you agree with that?

Finally, the Executive order, I think, is a result of Congress' inaction and I don't blame the President at all.