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| TIME | SPEAKER | TEXT |
|---|---|---|
| 00:40:20 |
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JACK MAY WANT TO SLAP ME FOR BEING THEORETICAL BUT HE PROMISED HE WOULD MAKE SO MUCH SENSE, IT WOULD... |
| 00:40:29 |
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THANK YOU. WE'LL NEXT HEAR FROM LIEUTENANT COLONEL MICHAEL SAVAGE. COLONEL SAVAGE. |
| 00:40:37 |
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THANK YOU VERY MUCH. I'M GOING TO TRY AND USE A POWER POINT. WHILE GETTING SET UP, IT MAKES ME NERVOUS... |
| 00:41:33 |
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I HO HE REMAINS INTIMIDATED. |
| 00:41:36 |
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I HOPE SO BUT HE DIDN'T TAKE THE ADVANCED DETAINEE DEFENSE CLASS. WE MIGHT BE OUT OF OUR LEAGUE HERE.... |
| 00:55:17 |
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THANK YOU COLONEL SAVAGE. LAST BUT NOT LEAST, WE'LL HEAR FROM THE COMMANDER. |
| 00:55:30 |
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I'M KIND OF A LAST-MINUTE ADD ON HERE BECAUSE I KNEW PROFESSOR MORRIS AND SHE RECOGNIZED ME THIS MORNING... |
| 01:03:06 |
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OKAY. THANK YOU, EVERYBODY FOR SOME VERY HELPFUL AND THOUGHTFUL COMMENTS. I'M GOING TO INVOKE THE... |
| 01:03:53 |
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I'M DELIGHTED THAT -- LIEUTENANT COMMANDER? |
| 01:03:55 |
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YES, SIR. |
| 01:03:57 |
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I MENTIONED THE ATTORNEY GENERAL OPINION BY -- THAT ESTABLISHED THE COMMISSION OR WHO AUTHORIZED THE... |
| 01:06:45 |
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I AGREE WITH THAT. NO DISAGREEMENT THERE. |
| 01:06:48 |
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SO TO PUT IT SPECIFICALLY, THE POINT WOULD BE SIMPLY WHETHER THE 28 SPECIFIC OFFENSES DELINEATED IN... |
| 01:07:02 |
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I CAN DISAGREE. I CAN DO THAT A COUPLE OF THINGS THINGS. ONE, ON THE ARTICLE 1 QUESTION AND THE OTHER... |
| 01:09:23 |
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HAVING FAILED TO GET ANYONE TO DISAGREE, LET ME ASK ONE MORE FOLLOW-UP QUESTION -- COMMANDER? |
| 01:09:29 |
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LI CONTRIBUTE TO THAT A LITTLE BIT. TO SOME EXTENT, BECAUSE THE LAW OF NATIONS IS DEVELOPING. IT DOESN'T... |
| 01:10:47 |
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I ENTIRELY AGREE. THAT'S WHY I WAS SAYING, IF WE ARE IN A NEW KIND OF WAR, THAT RE-RAISES THE QUESTION... |
| 01:12:22 |
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BUT THE CUSTOMARIY INTERNATIONAL LAW WHERE YOU HAVE CONTROVERSY -- CONGRESS HAS THE AUTHORITY TO APPROVE... |
| 01:12:42 |
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THAT'S THE QUESTION I WAS TRYING TO GET AT. I DON'T THINK WE HAVE YET REALLY TRIED TO FIGURE OUT WHAT... |
| 01:12:57 |
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SO CUSTOMARIY INTERNATIONAL LAW, SURELY CONGRESS HAS THE AUTHORITY TOW BALANCE WHAT THE INTERESTS... |
| 01:13:16 |
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YES T JUST CAN'T USE THE DEFINE AND PUNISH CLAUSE AS A BASIS FOR POWER WITHOUT ALSO SAYING, WE'RE... |
| 01:13:25 |
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BUT I THINK IT HAS TO BE MORE THAN SAYING IT AND I THINK THAT IS NOW THE POINT. FAMILIAR IT'S A --... |
| 01:16:13 |
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I THINK IT'S WORTH NOTING. PART OF WHY THIS IS ALL NEWEL IS THAT NOTWITHSTANDING THE PRECEDENCE FOR... |
| 01:17:10 |
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ISN'T IT TRUE THAT -- |
| 01:17:15 |
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RIGHT. [LAUGHTER] |
| 01:17:29 |
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-- MENTIONED SEVERAL TIMES BY PANELISTS AND ATTORNEY GENERAL SPEED WAS CRITICIZED AT THE TIME BY THE... |
| 01:19:13 |
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THE EXCEPT THAT I DON'T THINK WE HAVE THAT SITUATION HERE AND AS JUDGE ROBERTSON SAID IN THE DECISION,... |
| 01:20:48 |
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I GUESS ONE QUESTION THAT ONE THING THAT COMES TO MIND AND I DON'T THINK WE ENGAGED THAT MUCH IN THIS... |
| 01:21:20 |
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I DON'T THINK SO. AND I THINK IT WAS THE DISTRICT COURT IN COTTER, THAT LOOKED AT WHETHER OR NOT --... |
| 01:21:38 |
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IT WAS JUST SAYING THAT THE NCA DIDN'T PROVIDE FOR AN APPEAL. IT DIDN'T REACH THE HABEAS QUESTION.... |
| 01:21:46 |
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PART OF IT WAS THAT IT WAS THE CONDITION. WHAT WAS APPEALED THERE WAS THE AGE ISSUE VERSUS THE JURISDICTION... |
| 01:21:56 |
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CAN I JUMP IN? I THINK SOME OF THESE CRITICISMS -- A LOT OF THESE CRITICISMS CAN BE LAUNCHED AGAINST... |
| 01:22:54 |
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I'D LIKE TO SPEAK TO THIS. THERE IS ONE BIG DIFFERENCE IN THE CONVENING AUTHORITY IN THE MILITARY... |
| 01:24:31 |
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LOOK AT WHAT WAS DONE IN THE HONG KONG -- |
| 01:24:33 |
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NEXT QUESTION. I SHOULD HAVE ASKED THIS QUESTION. PLEASE IDENTIFY YOURSELF. |
| 01:24:43 |
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MAJOR DAN HARVEY WITH THE ONC DEFENSE. I WONDERED IF THERE IS ANY REACTION AMONG THE PANELISTS AS ... |
| 01:25:53 |
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AND AGAIN, I SEE THAT KIND OF A POLICY QUESTION. I MEAN, I DON'T THINK THERE WOULD BE JURISDICTIONAL... |
| 01:26:25 |
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I CAN SAY THIS. I THINK THAT THE GOVERNMENT'S PROOF ANALYSIS, THE PROOF WE HAVE TO BRING IT PROVE... |
| 01:27:21 |
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TIME FOR ONE MORE QUESTION. |
| 01:27:25 |
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THIS IS NOT MEANT TO BE A CONTENTIOUS QUESTION BUT IT WILL PROBABLY COME OUT THAT WAY. I APOLOGIZE.... |
| 01:28:03 |
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THAT'S WHERE YOU NEED EVIDENCE. BECAUSE YOU HIT MAYBE 2-3 OF THE CRITERIA THAT WOULD ESTABLISH UNLAWFULNESS.... |
| 01:28:40 |
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I JUST WANT TO AD TO THE QUESTION OF THE SUBBATIVE DEFINITION OF COMBATTANCY, WHICH YOU PROPERLY RAISED.... |
| 01:30:23 |
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BUT IN FAIRNESS, THERE IS SOME DISPUTE OVER WHETHER OR NOT THERE IS A PLEA SUCH AS. SOME PEOPLE WOULD... |
| 01:30:30 |
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I DON'T THINK SO. BUT I DON'T THINK WE HAVE TIME. |
| 01:30:33 |
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I WOULD DISAGREE WITH THAT. |
| 01:30:34 |
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THEN YOU'RE RIGHT. [LAUGHTER] |
| 01:30:39 |
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ON THAT NOTE, I HOPE YOU WILL JOIN ME IN THANKING OUR PANELISTS FOR A LIVELY AND ENTERTAINING DISCUSSION.... |
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.
