Senate Proceeding on Nov 5th, 2009 :: 6:22:15 to 6:35:30
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6:22:11 to 6:22:31( Edit History Discussion )

Patrick Leahy: but surely, going to create a legal hodgepodge that will com with that, i yield. the presiding officer: the sena mr. leahy: mr. president, i take a different view. the amendment that has been sponsored by senator graham, senator lieberman, senator webb is wrong.

6:22:15 to 6:35:30( Edit History Discussion )
Speech By: Patrick Leahy

6:22:32 to 6:22:54( Edit History Discussion )

Patrick Leahy: it's unnecessary. it works as the -- as senator graham just said, prohibit the prosecution of any individual suspected involved with a september 11 attacks of the united states being tried in our article 3 court. the idea that we can't try

6:22:55 to 6:23:16( Edit History Discussion )

Patrick Leahy: terrorist and mass murder in o -- murderer in our court is beneath the dignity after great country. timothy mcveigh, one of the greatest mass murderers this nation has ever known, he had no -- we had no difficulty in trying him and convicting him and executing him using our laws

6:23:17 to 6:23:37( Edit History Discussion )

Patrick Leahy: and our article 3 courts. the amendment -- the real reason of the amendment is very clear. it's to ensure that the detainees being held at guantanamo bay, some of who have been held years without charge, can be tried only by military

6:23:38 to 6:23:58( Edit History Discussion )

Patrick Leahy: commissions. prosecutor and i find that very troubling that the unite united states senate would be asked to prohibit the administration from even trying -- or from trying federal courts. the senator should not use an

6:23:59 to 6:24:20( Edit History Discussion )

Patrick Leahy: amendment that, unfortunately, politicizes decisions about significant prosecution as a backdoor way commission. the administration has worked hard to coission to make meet the constitutional standards, and i applaud him for that. but the u with problems and repeatedly

6:24:21 to 6:24:42( Edit History Discussion )

Patrick Leahy: overturned by a very conservative supreme court. in contrast, our federal courts have a long and distinguished history of successfully prosecuting even the most atrocious, violent have the experience of doing it.

6:24:43 to 6:25:03( Edit History Discussion )

Patrick Leahy: but more importantly, mr. president, they're respected throughout the world. we go in our federal courts, the rest of the world can say, you are following over 200 years of judicial history of t states of america. and we gain respect for that. one of the reasons why the

6:25:04 to 6:25:24( Edit History Discussion )

Patrick Leahy: administration strongly opposes this amendment, the senate leadership has a letter from secretary of defense robert gates and eric holder, the attorney general of the united states, saying that it would be unwise and would set a dangerous precedent for congress to restrict the discretion of either the department --

6:25:25 to 6:25:45( Edit History Discussion )

Patrick Leahy: particular pros kiewses. they say don't -- prosecutions. they say don't do this. they also point out this amendment would prohibit them from being able to use every lawful power to te justice and can no longer threaten american lives. if we really want to get the

6:25:46 to 6:26:07( Edit History Discussion )

Patrick Leahy: terrorists, we really want to make crime, why would we cut anyone of the avenues available to us? i would think if we really want to get them, we would want to have available to off.

6:26:08 to 6:26:29( Edit History Discussion )

Patrick Leahy: two of the most senior administration officials, men directly responsible for the disposition of these detainees are telling us, don't tie our hands in the fight against terrorism. this senator listens to them and i wish other senators would listen to them. and there's been an outpouring of opposition against this

6:26:30 to 6:26:53( Edit History Discussion )

Patrick Leahy: amendment. look at the groups, human rights first, national institution of military justice, constitution project, amnesty international. we've also seen a strong public declaration supporting trying terrorism offenses in federal -- in federal court signed by a bipartisan group of prominent

6:26:54 to 6:27:15( Edit History Discussion )

Patrick Leahy: former members of congress, and high-ranking military officials d judges. in the senate judiciary committee we held several hearings on the issue how best handle detainees. and experts and judges across the political spectrum have agreed that our courts and our criminal justice system can handle this challenge, indeed,

6:27:16 to 6:27:38( Edit History Discussion )

Patrick Leahy: has handled it many times already. we're the most powerful nation on ertsd. we're the most tested court system on earth. are we going to with all of our power, with all of our history, with all of our judicial excellence, we're not

6:27:39 to 6:28:00( Edit History Discussion )

Patrick Leahy: up people -- i think it's just the opposite an saying, yes, we're strong enough to try them. yes, we have the laws that we can do it, yes, we have the ability to do it and we'll do in a way that will gain the respect of the whole world. that's why republican human ordinaries like general collin

6:28:01 to 6:28:22( Edit History Discussion )

Patrick Leahy: powell have agreed with the idea. one of the things that we tend january of this year alone, over 30 terrorism suspects have been successfully prosecuted or sentenced in federal courts. including individuals directly

6:28:23 to 6:28:44( Edit History Discussion )

Patrick Leahy: immimplicated by this amendment, such as if this amendment were law at the time moussaoui was brought up, the so-called 20th hijacker, a man directly involved in the planning of september 11th, if this amendment had been the law at that time, we would not have

6:28:45 to 6:29:09( Edit History Discussion )

Patrick Leahy: been able to try him in federal government, thank goodness this amendment wasn't law and we and what happened when we tried him? he was convicted. and what happened when he convicted? he was sentenced to life in prison. i know the type of cell where he's going to spend the rest of his life thinking about what he

6:29:10 to 6:29:30( Edit History Discussion )

Patrick Leahy: tried to do. are we going to say that we hav another moussaoui -- say to moussaoui, sorry, we can't try you because we are afraid to use our courts. this amend the greatest tools we have to protect our national security,

6:29:31 to 6:29:51( Edit History Discussion )

Patrick Leahy: the ability to prosecute suspects in federal court. indeed, as the justice department has said in its oppotion to the graham amendmen likely that terrorists escape justice, not be convicted. i believe strongly as all americans do, of course we should take all the steps

6:29:52 to 6:30:13( Edit History Discussion )

Patrick Leahy: possible to prevent terrorism. of course we should have severe punishment for those who do us harm. as a former prosecutor, i made certain the perpetrators of violent crimes receive serious punishment. i believed in that. i also believe strongly we can

6:30:14 to 6:30:34( Edit History Discussion )

Patrick Leahy: ensure our safety and security and bring terrorists to justice in the ways that are consistent with the laws and the values of what make us a great democracy. the administration said it was possible they will try individuals in federal courts. when we unnecessarily preempt that option, we're saying we don't trust the legal system on

6:30:35 to 6:30:55( Edit History Discussion )

Patrick Leahy: which we have relied for so long. do we really want to say that, mr. president, that we don't trust the greatest legal system in the world? all that does is give more ammunition to our enemies. it further hurts our standing around the world. a standing that has already suffered so much by the stain of guantanamo bay.

6:30:56 to 6:31:16( Edit History Discussion )

Patrick Leahy: but it also sends a message to other countries that they don't have to use traditional legal regimes with established protections for defendants if they are prosecuting american soldiers or civilians. how can we go to them and say oh, you have to follow regular procedures?

6:31:17 to 6:31:38( Edit History Discussion )

Patrick Leahy: they will say what the heck, you don't, you don't. they were strong in trying to hold up the confirmation of attorney general holder to extort a pledge from him. they would not exercise independent prosecutorial judgment, something that i have never seen done before in 35 years here. it's also wrong to force an

6:31:39 to 6:31:59( Edit History Discussion )

Patrick Leahy: amendment politicizing prosecutions in the commerce-justice-science appropriations bill. i opposed the effort by some republican senators who wanted the nation's chief prosecutor to agree in advance to turn a blind eye to possible law breaking before even investigating whether it occurred.

6:32:00 to 6:32:20( Edit History Discussion )

Patrick Leahy: republicans asked for such a pledge. something no prosecutor should give. to his credit, eric holder never gave that pledge. you can't do that before you look at a case, before you even decide whether a crime is committed, you have to pledge not to do anything about it.

6:32:21 to 6:32:41( Edit History Discussion )

Patrick Leahy: it's kind of a dark mark on the united states senate when you have actually senators saying i won't vote for you unless you promise you won't prosecute somebody. in any other context, that in itself would be a crime. passing a far-reaching amendment that takes away a powerful tool

6:32:42 to 6:33:04( Edit History Discussion )

Patrick Leahy: from the justice department in bringing a terrorist to justice and takes away the attorney general's constitutional responsibilities isn't the path for it. any administration should be able to decide who to prosecute and then where they should be prosecuted. this administration or past administrations.

6:33:05 to 6:33:25( Edit History Discussion )

Patrick Leahy: the amendment denies the benefit of being -- of using not only our federal courts which have a successful track record convicted of terrorists. that's something they keep in mind. they have done it. but also from using our federal laws which are arguably more expansive and better suited for use in terrorism cases with a

6:33:26 to 6:33:47( Edit History Discussion )

Patrick Leahy: narrower set of charges that could be brought in a military commison. don't tie the hands of our law enforcement in their efforts to secure our national security. i trust our law enforcement to do what they need to do. any former prosecutor, not just this former prosecutor, but any former prosecutor, any lawyer,

6:33:48 to 6:34:10( Edit History Discussion )

Patrick Leahy: any citizen. it's not the decion or the appropriate rol for the united states senate to tie the hands of law enforcement this way. it's time to act on our principles and our constitutional system. those who we believe to be guilty of heinous crimes should be tried, and then when

6:34:11 to 6:34:31( Edit History Discussion )

Patrick Leahy: convicted, punished severely. where the administration has decided to try them in federal courts, our courts, our prisons are more than up to the task. i agree with the justice department this amendme would ensure that the only individuals in the world who could not be prosecuted under the criminal terrorist offenses congress has enacted would be those who are

6:34:32 to 6:34:55( Edit History Discussion )

Patrick Leahy: responsible for the most devastating terrorist actsn u.s. history. just think about that. this amendment would say that the only people in the whole world who could not be prosecuted under our criminal terrorist offenses are the people who committed the most devastating terrorist acts

6:34:56 to 6:35:17( Edit History Discussion )

Patrick Leahy: against us. that's alice in wonderland justice. it makes no sense to say that we have these tough terrorist laws, we have the best judicial system in the world, but those of you who committed these terrorist acts against us, we just set them aside and you can't be tried there.

6:35:18 to 6:35:33( Edit History Discussion )

Patrick Leahy: it makes no sense. so let us put aside heated and distorted rhetoric. let's support the president, his efforts to truly make our country safe and strong, but also a republic worthy of the