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.