John Cornyn actually said...

"Your decision to try some of these 9/11 co-conspirators in an Article III court is not compelled by any law. It was a matter of your judgment and discretion."

"And you said that if Khalid Sheikh Mohammed is acquitted, he will not be released. What if a Federal judge orders the Department of Justice to release him? Will you defy that order?"

"I believe the Supreme Court has held that you cannot indefinitely detain somebody under the Zadvydas case."

"You recognize the Supreme Court has said you cannot hold somebody indefinitely, for example, who cannot be repatriated to their home country."