On the recordOctober 20, 2011
The Senator is so correct. We went through a number of actions. The Supreme Court found the law inadequate, and Congress responded to the Supreme Court's concerns and passed clear laws that are certainly adequate within the Constitution as described by the Supreme Court. We now have an entire system set up to meet the Supreme Court's concerns about the trial of these individuals. It is safe. It is secure. It is consistent with Supreme Court requirements and international law. Mr. McCONNELL. I ask my friend, is it not also the case that the amendment of Senator Ayotte has in it a national security waiver? I have heard it said that we have eliminated all the President's options. Is it not the case that even if the amendment of the Senator from New Hampshire were adopted and the President felt strongly, for some reason--it's hard for me to contemplate such a set of circumstances, but it is possible--he could, in fact, issue a national security waiver and go ahead and do it anyway, could he not?
