| 00:00:00 | YES. |
| 00:00:01 | GREENHOUSE GAS EMISSION GREENHOUSE THANK YOU VERY MUCH MR. |
| 00:00:05 | GRAHAM: THANK YOU VERY MUCH. |
| 00:00:06 | TO SENATOR FEINSTEIN, I DO BELIEVE THE SECOND PROVISION IS WHERE WE WANT TO BE. |
| 00:00:12 | I NEVER INTENDED BY 1031 TO CHANGE THE HOW IMPOSING A GREATER BURDEN ON AMERICAN CITIZENS OR MORE EXPOSURE TO MILITARY DETENTION NOR DID I WANT TO CREATE ADDITIONAL RIGHTS BEYOND WHAT EXIST TODAY. |
| 00:00:25 | THE PROBLEM I HAVE WITH SENATOR FINE STIENS AMENDMENT, IT SAYS THE AUTHORITY TO DESCRIBE IN THIS SECTION FOR THE ARMED FORCES OF THE UNITED STATES TO DETAIN A PERSON DOES NOT INCLUDE THE AUTHORITY DETAIN A CITIZEN OF THE UNITED STATES WITHOUT TRIAL. |
| 00:00:39 | HERE IS MY CONCERN. |
| 00:00:40 | WHEN YOU TELL A JUDGE AS A DEFENSE ATTORNEY, I WANT MY CLIENT'S RIGHTS PRESERVED REGARDING A CIVILIAN TRIAL GUARANTEED UNDER THIS SECTION AND THE END OF HOSTILITIES COULD BE 30 YEARS FROM NOW, YOUR HONOR, IF THESE RIGHTS ARE ANYTHING, THEY NEED TO ATTACH NOW. |
| 00:01:00 | IF THE CIVILIAN RIGHTS |
Mr. GRAHAM. To Senator Feinstein, I do believe the second provision is where we want to be, at least from my point of view. To my colleagues, I never intended by 1031 to change the law imposing a greater burden on American citizens or more exposure to military detention, nor did I wish to have additional rights beyond what exist today. The problem I have with Senator Feinstein's amendment is it says the authority in this section for the Armed Forces of the United States to detain a person does not include the authority to detain a citizen of the United States without trial until the end of hostilities.
Here is my concern. When you tell a judge, as a defense attorney: I want my client's rights preserved regarding a civilian trial guaranteed in this section--and the end of hostilities could be 30 years from now--Your Honor, if these rights mean anything, they need to attach now--if the civilian rights attach immediately upon detention, what I think would be a problem is that the military interrogation is lost. American citizens are not subject to a military commission trial. A lot of people on my side didn't like that.
I do want to make sure American citizens go into article III courts, but the law has been since World War II, if a person joins the enemy, even as an American citizen, they are subject to being detained for interrogation purposes. That is my goal and that has always been my goal. We can detain an American who has sided with al-Qaida, if they are involved with hostile acts, to gather intelligence, and that is a proper thing to have been doing. It was done in World War II when American citizens helped the Nazis. If an American citizen wants to help al-Qaida involved in a hostile act, then they become an enemy of this Nation. They can be humanely detained, and that is my concern about the Senator's amendment; that it would take that away.
We have common ground on the second amendment, and at the end of the day, the Senate has talked a lot about different things. This has been a discussion about something important and I, quite frankly, enjoyed it.
I yield my time.