I would add that Senator Lieberman would have gone further than the Senator. There is nobody whom I respect more than Senator Lieberman, but we are trying to find a balanced way. So in summary, 1032, the military custody provision, which…

Would the Senator agree that what we have been able to do on the committee is basically say, in law for the first time, that the homeland is part of the battlefield; that military custody is available to hold a suspected al-Qaida operative…

Does the Senator agree that with Senator Levin and a very bipartisan work product we have now created a legal system that says the following: If a U.S. citizen, a non-U.S. citizen is involved in an al-Qaida attack on our Nation, and is…

We are talking about this amendment. Let's debate this amendment. Let's vote on this amendment. But the heart of the issue is whether the United States is part of the battlefield in the war on terror. The statement of authority I authored…

I promise, I will. Mr. McCAIN. So I ask unanimous consent that Senator Merkley be recognized after the Senator from South Carolina speaks for a couple minutes. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. McCAIN. I thank…

If I may respond to my friend from Illinois, Hamdi was an American citizen captured in Afghanistan. He had joined al-Qaida--the Taliban, I guess in that case. We captured him when we went into Afghanistan. We brought him back and we held…

Absolutely. Unanimous Consent Agreement--Conference Report to Accompany H.R. 2112

I thank the Senator from Illinois. I wish to respond. No. 1, it is good to debate. It is good to have discussions about important matters. The Senator from Illinois is right. There is nothing more important than defending the homeland…

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…

If I may add another layer of process here. Some people on our side say that is way too much. You should throw these people in military--Senator Lieberman, my dear friend, if you left it up to him, everybody caught as an al-Qaida operative…

Yes, with one caveat. There is a line of thinking that we should be using Federal courts exclusively, that military commissions are not appropriate in any circumstance, and that we should be using the law enforcement model once we deal…

That is correct. Mr. McCAIN. I would argue especially in the United States since that poses the greatest threat. However, with our assumption that that person should be held under military custody, we still give a very wide waiver in case…

If this bill is enacted. Mr. McCAIN. To kind of summarize this issue for our colleagues, we believe an al-Qaida operative is an enemy combatant and, therefore, the assumption should be that that enemy combatant should be under military…

For the first time it is now not the whim of the administration. It will be the law of the land. Mr. McCAIN. If this bill is enacted.

Let me tell the Senator how he is dead right. I offered an amendment to the first bill we put on the table here on the floor about this, and I had a requirement of a military lawyer being given to the respondent at a combat status review…

I believe they are right. All the Congress is saying to the President--this one and future Presidents--is we agree with you, that if the person is a member of al-Qaida or an affiliated group, you can hold them as an enemy combatant without…

The Obama administration has continued to hold at least 48 under that same theory.

The Bush administration has had prisoners held at Guantanamo Bay for years now who have not been prosecuted. They are held under the law of war.

That is absolutely correct. Let's talk about indefinite detention and what it means. When someone is captured as a member of al-Qaida--the Bush administration has had people at Guantanamo Bay for years. They are being held under the law of…

That is contract. If I might continue the conversation for a minute, if you don't mind. Would the Senator agree with me that if we all of a sudden required our soldiers to read Miranda warnings to an al-Qaida operative caught in…

The Senator is absolutely right. The flexibility of whether to Mirandize somebody exists. I don't know what is the best way. I do believe the best start is to take the Christmas Day Bomber off the plane and interrogate him in terms of what…

The only answer I can give to Senator McCain is that there is a legitimate concern about encroaching on executive power. I have that concern. The executive branch is the lead agency in this war. They are the lead agency when it comes to…

Right. Mr. McCAIN. Why does he think that would not be acceptable if there were a case where an individual would be held by civilian authorities rather than military authorities?

Yes. Mr. McCAIN. I am a little puzzled. Maybe the Senator from South Carolina has a response to this. Perhaps Chairman Levin does. We did give a national security waiver, which is very generous, in that the President just has to certify…

So we are starting the game with military custody but for the reasons the Senator just said--and they may be good reasons, to say that is not the right way to go--they can go down another path. That is all we are trying to do. Because…