If we capture an American citizen as part of this cell and we can't hold them as an enemy combatant for intelligence-gathering purposes, does domestic criminal law allow us to hold someone for an indefinite period of time to gather…
Lindsey Graham
The Public Record
Lindsey Olin Graham is an American politician serving as the senior United States senator from South Carolina since 2003. A member of the Republican Party, Graham has been a prominent figure in national politics, known for his work on issues such as national security, foreign policy, and judicial appointments. He has played a key role in various legislative efforts and has been an outspoken advocate for military support to Ukraine in recent years.
``You are an enemy combatant, and we are going to talk to you about why you joined al-Qaida.'' The PRESIDING OFFICER. The Senator from New Hampshire.
That is the point. Why would you say that if you are in Afghanistan, we can blow you up, put you in jail forever, but if you make it here, all of a sudden we cannot even talk to you about being part of al-Qaida. What a perverse outcome, to…
Please understand what you are about to do if you pass the Feinstein amendment. You will be saying as a Congress, for the first time in American history, an American citizen who allies himself with an enemy force can no longer be held as…
So would the Senator agree with me that the current law is very clear that anytime an American citizen joins the enemy force, they can be held as an enemy combatant; that is the law?
But what Senator Feinstein is proposing is that no longer do we have the option of holding the American citizen as an enemy combatant to gather intelligence, and we don't have the ability to hold them for a period of time to interrogate…
Thank you. And this is a very good exchange. My view is that when we capture somebody at home and the belief is that they are now part of al-Qaida, that if we want to read them their Miranda rights and put them in Federal court, we have…
May I respond and say the Senator is right. I am an all-of-the-above guy. I believe that military and civilian courts should be used. When an American citizen is involved, does the Senator agree with me that military commissions are off…
Simply stated, if a person decides to collaborate with al-Qaida in a very limited way, can we hold them? They have to be a member of al-Qaida or affiliated with it or be involved in a hostile act. But if they do those things, historically…
Now, we are good friends, and we are going to stay that way. But you keep saying something, Senator Durbin, that is not true. The law of the land is that an American citizen can be held as an enemy combatant. It is the Hamdi decision, and…
Under the law as it exists today, an American citizen can be held as an enemy combatant. The question we are debating on the floor--Senator Feinstein is saying that in the future an American citizen who is deemed to have collaborated with…
Does the Senator agree that the criminal justice system is not set up to gather military intelligence?





