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Senate Proceeding on Nov 6th, 2009 :: 2:14:15 to 2:21:05
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James Webb

2:14:11 to 2:14:32( Edit History Discussion )

James Webb: last night, this body margin of 55-45 against an amendment which i co-sponsored that had been offered by senator graham, the purpose of which would be to prohibit the use of funds from the coerce-justice-science appropriations bill to transfer individuals from guantanamo and

James Webb

2:14:15 to 2:21:05( Edit History Discussion )
Speech By: James Webb

James Webb

2:14:33 to 2:14:54( Edit History Discussion )

James Webb: to conduct trials of the alleged 9/11 perpetrators in the united states domestic court system. the key argument in favor of tabling that amendment was that the president should be yud discretion between using article 3 federal courts and military

James Webb

2:14:55 to 2:15:15( Edit History Discussion )

James Webb: commissions that have been set up in guantanamo. i would like to say, first of all, that i was clear to the president and to others that i recognize his constitutional authority to use article 3 courts in that type of situation, but again, i would

James Webb

2:15:16 to 2:15:36( Edit History Discussion )

James Webb: like to express my deep concern that as we proceed forward with examining the cases of those detainees who are at guantanamo, this issue is actually going to get more complicated, and we should hope that the discretion that the president uses is very

James Webb

2:15:37 to 2:15:57( Edit History Discussion )

James Webb: narrowly applied. the amendnt that senator graham offered addressed only the six alleged perpetrators in 9/11 situation, and a number of my colleague came up to me and said individual who is conducting an act of terror on american soil, shouldn't the president be

James Webb

2:15:58 to 2:16:19( Edit History Discussion )

James Webb: authorized the discretion to try them in a federal court? my personal view is that it's perhaps constitutionally permissible but inappropriate, in the same sense as in december 7, 1941, when japanese bombers

James Webb

2:16:20 to 2:16:43( Edit History Discussion )

James Webb: attacked pearl harbor, this was a foreign entity killing americans, including american civilians on american soil, and it was not considered appropriate at that time that they, say, if we had a prisoner of war, if we shot a pilot down, that we would have brought them into an american court system and given them all the due process rights and tried them

James Webb

2:16:44 to 2:17:04( Edit History Discussion )

James Webb: for homices, et cetera, et cetera. they were combat he wants. they committed an act of war and they should have been treated and they were in the past treated in that way, and my belief is that even with the 9/11 perpetrators conducting such acts on our soil, there should be a more proper way to address these

James Webb

2:17:05 to 2:17:28( Edit History Discussion )

James Webb: situations that involve enemy combatants. this issue is only going to get more complicated. we have a second increm no increment who are people at guantanamo who are foreign nationals, not american citizens, who were apprehended on foreign soil -- afghanistan being a classic example -- for

James Webb

2:17:29 to 2:17:49( Edit History Discussion )

James Webb: acts of war that were conducted not inside country but, again, on foreign soil, they're in guantanamo. one would question the logic of whether they should be brought on american soil to be examined by an american court system and then apprehended in american prisons. i strongly believe that this is

James Webb

2:17:50 to 2:18:13( Edit History Discussion )

James Webb: not the appropriate way to deal with these individuals and particular the since with the national defense authorization bill that was just signed by the president, we have built in appropriate procedural protections in the military comiksz act itself -- military commissions act itself. then we have a third increment

James Webb

2:18:14 to 2:18:34( Edit History Discussion )

James Webb: of people who were i are in guantanamo, who i am told, or we are told, either because of tainted evidence or lack of sufficient evence may never be tried at all. nor will they be released because they are considered to be threats to our future at a time when we have ongoing basically combat relations

James Webb

2:18:35 to 2:18:57( Edit History Discussion )

James Webb: against the international forces of terrorism, of which they are a part. this third increment which, as i said, will probably never be tried, is also being considered relevant to move into the united states. here's the question that we' going to have to answer. if you bring these people into the united states, our

James Webb

2:18:58 to 2:19:20( Edit History Discussion )

James Webb: constitution provides that individuals tried in article 3 courts should have a right, or individuals subject to article 3 courts should be tried in a speedy manner. we all have the right to a speedy trial if you're here in the united states. we're not going to do that. so then the question is: what are we going to d with them? if you read the supreme court

James Webb

2:19:21 to 2:19:42( Edit History Discussion )

James Webb: cases -- and, again, as i said yesterday during the debate, i read in detail the ham hamdi case which deals in part with this situation. if this individual is deemed an enemy combatant, they can be held for the duration of what we call the hostilities, until hostilities cease.

James Webb

2:19:43 to 2:20:03( Edit History Discussion )

James Webb: that's a huge conundrum in terms of dealing with people who aren't going to be charged, who are not american citizens, who are apprehended for acts outside of the country and yet are going to be put in our american prison system potentially indefinitely. i don't think it's going to reduce the situation that we've

James Webb

2:20:04 to 2:20:25( Edit History Discussion )

James Webb: had in gantt notice terms of the way that a lot of people have viewed the processes that were in place there. i think it's only going to transfer that concern into the united states because these people will be detained in united states prisons. and i don't think that is going to be mitigated if these united states prisons have to be military prisons.

James Webb

2:20:26 to 2:20:49( Edit History Discussion )

James Webb: so i just wanted to come to the floor today to express my concern th the president, who has been given the discretion thugh the vote yesterday, which tabled the graham amendment, should be using it very narrowly, should not be in a rush to shut down

James Webb

2:20:50 to 2:21:06( Edit History Discussion )

James Webb: guantanamo facility in a manner that brings us the second and third increment of problems. and i would ask that the membe of this bed joi body join me expressing a concern about a proper way to address this very complicated situation.

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