Senate Proceeding on Jul 23rd, 2009 :: 10:51:35 to 10:55:50
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10:51:33 to 10:51:54( Edit History Discussion )

Lindsey Graham: and graham call up amendment 1560 as modified. the presiding officer: without objection. a senator: mr. pre the presiding officer: the senator from sout mr. graham: thank you very much. i appreciate the assistance of chairman levin and all of those involved. this is, to me, a very important statement by the senate at a

10:51:35 to 10:55:50( Edit History Discussion )
Speech By: Lindsey Graham

10:51:55 to 10:52:16( Edit History Discussion )

Lindsey Graham: crucial time in our nation's history. simply put our amendment is a sense of the senate statement that there is a preference for military regarding detained terrorists. the reason we're making this statement and trying to urge our colleagues to agree with us, is that the interim detainee report that has been issued in the last

10:52:17 to 10:52:37( Edit History Discussion )

Lindsey Graham: day or two by the white house has a statement within that report, that's an interim report, that there should be a presumption that detained terrorists would be tried article 3 of federal civilian courts. and i could not disagree more. we will k administration on this iue.

10:52:38 to 10:52:58( Edit History Discussion )

Lindsey Graham: there may be an odd case where federal court would be an appropriate venue. but i think i speak for senator lieberman, and i hope most americans, that the people we're talking about are not common criminals, they're not detained because of some violation of domestic criminal law. they're detained because they've been found to be part of al

10:52:59 to 10:53:19( Edit History Discussion )

Lindsey Graham: qaeda and other terrorist organizations that the congress has previously determined to be enemy combatants belligerance. people who have taken up arms against the united states of america, who are intent on destruction, they're not accused of robbing a liquor store, they

10:53:20 to 10:53:43( Edit History Discussion )

Lindsey Graham: fall within a narrow statutory definition that was created after 9/11. this is an opportunity for senate to express itself and say there is a preference for military courts. and i would conclude with this thought: i believe we're at where. it is an unusual war, but nonetheless, a deadly war. and the people that we're talking about, again, need to be viewed a military threats and

10:53:44 to 10:54:06( Edit History Discussion )

Lindsey Graham: under military law it is a appropriate -- it is appropriate to try someone who has operated outside the law of armed conflict in a military commission. our nation has been doing this for 200 years. the nazi were tried by military commission. i can give you a long history of how milit used by our nation at a time of

10:54:07 to 10:54:28( Edit History Discussion )

Lindsey Graham: war and that is the preferred vehicle when a nation is at war and i would conclude with thought: those that can be tried should be tried by military commissions. there will be some enemy combatants determined to be part of al qaeda that will not be subject to criminal process either in federal courts or military commission trials and

10:54:29 to 10:54:49( Edit History Discussion )

Lindsey Graham: it is my belief that this country cannot afford to release them if they are still a military threat. and under military law there is no requirement to release an enemy prisoner as long as they present a threat to your country. th domestic criminal law.

10:54:50 to 10:55:12( Edit History Discussion )

Lindsey Graham: we cannot criminalize this war. it will come back to haunt us. due process is available under military law. the men and women running these trials are officers, judge advocates. i've been one for 25 years. they're wonderful they will adhere to the law. they understand the law. they will provide transparent justice. but this is the setting that we

10:55:13 to 10:55:34( Edit History Discussion )

Lindsey Graham: need to be in regarding these detainees. in thistatement by the -- and think is appropriate. to my good friend, senator lieberman, you have, above all otherstried to remind yourself that the nation's defense i important -- more important than politics. and i cannot tell you how much i admire you. we have really worked together

10:55:35 to 10:55:51( Edit History Discussion )

Lindsey Graham: to get a sense of t senate, not binding, but a strong statement that there is a preference that detained as part of an al qaeda network be tried in military commission like we've done in our history. so with that, i would yield to senator lieberman a