On the recordFebruary 11, 2010
What would have happened to Abdulmutallab if he were handled by the military? He would have been interrogated by people in short order who were intimately familiar with the situation that was developing in Yemen. They would have been able to ask him questions without a lawyer being present. He did not have to have a lawyer. They could use the legal interrogation techniques that Congress has passed into law and directed the military to use in these kinds of interrogations--and no more--or they would be in violation of the law. He would not be abused. Then eventually he would be tried, or not tried, as the military and the national security would dictate. But if you arrest him and put him in a civil situation, he immediately has to be advised of his rights, immediately given a lawyer. He is then entitled to a speedy trial. He is entitled to demand discovery and information from the government about how they caught him and who provided the information. He could demand to go to trial and be able to speak out and use it as a forum to promote their agenda. There is a huge difference between the two. For Mr. Brennan to act as if there is no difference, and for my colleagues to say President Bush tried these people, before we ever got the system up and running in a healthy way, is disingenuous. It is not accurate.
Source
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