Simply stated, when the American citizens in question decided to give aid and comfort to the Nazis, I am very glad they were allowed to be held by the military and interrogated about the plot and what they knew, because intelligence…

Exactly. I would add, and get Senator Kyl's comment. Wouldn't it be an absurd result if you can kill an American citizen abroad--Awlaki--whatever his name was--the President targeted him for assassination because he was an American citizen…

While we decide how we are going to move on the Defense bill, I appreciate Senator Kyl coming to the floor. Senator Kyl and I, along with Senators Levin and McCain, have been working on detainee policy for years now. There is an issue that…

The Hamdi case cited In re Quirin for the proposition that an American citizen who provides aid, comfort or collaboration with the enemy can be held as an enemy combatant. The In re Quirin case dealt with an American citizen helping the…

Yes. The In re Quirin case dealt with an American citizen helping the Nazis in America. The Hamdi case dealt with an American citizen helping the Taliban in Afghanistan. Mr. McCAIN. The reason why I raise the question is because the…

So the law, at least since 1942, by the Supreme Court has been that if someone decides as an American citizen to join forces with enemies of the United States, they have committed an act of war against their fellow citizens. It is not a…

I am of the view that we are overly criminalizing the war. I don't want to adopt that policy. There is nothing in this language that has anything at all to do with how you try somebody and what venue you pick. I am in the camp--and I think…

Does the Senator agree with me that every enemy combatant, citizen other otherwise, held at Guantanamo Bay or captured in the United States has their day in Federal court through habeas proceedings?

We never had, in the history of other wars, a Federal judge determining whether the military has the ability to determine whether someone is an enemy combatant, but we have that in this war. Does the Senator agree with that?

There is no requirement in international law to prosecute an enemy prisoner for a crime?

I ask unanimous consent for 1 more minute. The PRESIDING OFFICER. Without objection, it is so ordered.

I will wrap this up. I know we have colleagues who want to speak. Let me reiterate what Senator Lieberman said. There is a stream of thought that every member of al-Qaida, American citizen or not, is an enemy of the people of the United…