| 00:00:07 |
Unidentified Speaker, -
SERVICES COMMITTEE IS ONE HOUR AND 45 MINUTES. [INAUDIBLE CONVERSATIONS] >> THIS MEETING WILL COME TO ORDER. WE HAVE A SECOND PART OF OUR SERIES OF HEARINGS...
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| 00:00:42 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
DEFENSE, GREGORY, THE ASSISTANT ATTORNEY GENERAL FOR THE CIVIL DIVISION OF THE JUSTICE DEPARTMENT, COLONEL STEVE DAVID, THE CHIEF DEFENSE COUNSEL IN THE...
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| 00:01:33 |
Hunter, Duncan Lee - U.S. Representative, [R] California
FOR DETAINEE'S AT GUANTANAMO BAY CUBA. DID THE DEPARTMENT OF DEFENSE IS WORKING DILIGENTLY TO SATISFY THE CONSIDERABLE LITIGATION REQUIREMENTS STEMMING...
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| 00:01:43 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
SUPREME
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| 00:01:44 |
Dell'Orto, Daniel J. - Acting General Counsel
COURT'S DECISION. THE RAMIFICATIONS OF THAT DECISION FOR THE DEPARTMENT OF DEFENSE AND FOR OUR NATION ARE SIGNIFICANT. THE DEPARTMENT ALREADY HAS EXPERIENCED...
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| 00:14:27 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
GENERAL FOR THE CIVIL
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| 00:14:29 |
Katsas, Gregory G. - Assistant Attorney General
DIVISION, WHICH IS RESPONSIBLE FOR
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| 00:14:31 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
HANDLING THE HUNDREDS OF HABEAS CORPUS AND DETAINEE TREATMENT
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| 00:14:35 |
Katsas, Gregory G. - Assistant Attorney General
ACT CASES BROUGHT BY ALIENS DETAINED AS ENEMY COMBATANTS AT GUANTANAMO BAY, CUBA. IN THE WAKE OF THE SUPREME COURT'S BOUMEDIENE DECISION, THE PARTIES...
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| 00:20:33 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
AND SUBMITTED MY TESTIMONY SO WHAT I INTEND TO DO IS SUMMARIZED THAT TESTIMONY AND THEN GIVE YOU
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| 00:20:42 |
David, Steve - Chief Defense Counsel
ALL MORE TIME TO ASK QUESTIONS. MY TESTIMONY IS GIVEN IN MY CAPACITY AS PRIVATE CITIZEN IS CURRENTLY SERVING AS THE CHIEF DEFENSE COUNSEL IN THE DEPARTMENT...
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| 00:26:27 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
BREAK AND COME BACK AS SOON AS WE CAN. WE WILL RESUME THE QUESTIONING. THANK YOU AGAIN FOR BEING WITH US. WE LOOK FORWARD TO THE QUESTIONS SHORTLY....
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| 00:27:41 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
PROCEED AND WE CAN FORGE RIGHT AHEAD. LET ME ASK MR. DELL'ORTO, YESTERDAY WHEN COLONEL DAVID TESTIFIED AND IN HIS TESTIMONY HE TESTIFIED TO THE UNDUE...
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| 00:29:24 |
Dell'Orto, Daniel J. - Acting General Counsel
CASE. >> OKAY. WHAT'S BEING DONE TO ELIMINATE UNDUE COMMAND
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| 00:29:32 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
INFLUENCE IN ALL OF
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| 00:29:34 |
Dell'Orto, Daniel J. - Acting General Counsel
THESE MILITARY COMMISSION CASES, MR.
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| 00:29:38 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
DELL'ORTO? >> MR. CHAIRMAN, I TAKE ISSUE
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| 00:29:43 |
Dell'Orto, Daniel J. - Acting General Counsel
WITH COLONEL DAVIS'S REMARKS IN REGARD. AND I WOULD CITE
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| 00:29:47 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
TO THE COMMITTEE THE REPORT THAT HAS BEEN POSTED ON OUR WEB SITE, THE ONE THAT WAS DONE AT THE THAN GENERAL COUNSEL, JIM HAYNES DIRECTION BY BRIGADIER...
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| 00:30:02 |
Dell'Orto, Daniel J. - Acting General Counsel
THE ARMY, BRIGADIER HEARTY FROM THE AIR FORCE, THEN CAPTAIN NOW RETIRED ADMIRAL JOHN BERGER WHO LOOKED INTO THE ALLEGATIONS OF COLONEL DAVIS AND CAME...
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| 00:31:12 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
ON THE ISSUE. HE DIDN'T QUITE GO THAT FAR BUT HE THOUGHT IT ALL TO PLAY OUT FOR A SHORT WHILE AS I REMEMBER HIS TESTIMONY CORRECTLY. DO YOU HAVE AN OPINION...
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| 00:32:03 |
Katsas, Gregory G. - Assistant Attorney General
GOVERN THE CONDUCT OF WHAT OUR 250
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| 00:32:09 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
UNPRECEDENTED CASES. WE DON'T KNOW
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| 00:32:12 |
Katsas, Gregory G. - Assistant Attorney General
SUCH FUNDAMENTAL QUESTIONS AS WHAT ARE THE RELEVANT BURDENS OF PROOF. WHAT IS THE NATURE OF DISCOVERY OBLIGATIONS. HOW IS CLASSIFIED INFORMATION TO...
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| 00:34:42 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
CHARGED? >> 21. >> 21? >> YES, SIR. >> WHEN WERE THOSE 21 DETAINEE'S
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| 00:34:52 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
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| 00:34:54 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
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| 00:34:55 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
CHARGED? >> MR. CHAIRMAN, THEY HAVE BEEN CHARGED OVER A
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| 00:34:59 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
PERIOD OF TIME BEGINNING AND I BELIEVE
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| 00:35:05 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
FEBRUARY
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| 00:35:06 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
OF 2007 THROUGH
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| 00:35:09 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
THE PRESENT.
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| 00:35:11 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
FIRST CHARGES AFTER -- WELL, LET ME STEP BACK. WE DID HAVE A NUMBER CHARGE PRIOR TO THE
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| 00:35:18 |
Dell'Orto, Daniel J. - Acting General Counsel
SUPREME COURT DECISION IN HAMDAN IN 2006. THERE WERE ABOUT ON WOULD SAY SOMEWHERE ON THE ORDER OF 5 TO 10 ALTHOUGH MY MEMORY MAY BE OFF IN THE AFTERMATH...
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| 00:36:25 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
A DETERMINATION ABOUT WHICH OF THOSE CASES WILL BE REFERRED TO TRIAL. UNFETTERED BY ANY
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| 00:36:32 |
Dell'Orto, Daniel J. - Acting General Counsel
OUTSIDE INFLUENCE THOSE ARE DECISIONS THEY WILL MAKE. WE HAVE HEARD ESTIMATES FROM THE OFFICE OF THE CHIEF PROSECUTOR THAT SOMEWHERE IN THE ORDER OF...
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| 00:37:31 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
ALREADY THEN CLEARED FOR EITHER TRANSFERRED -- >> HOW MANY WOULD THAT BE? >> THAT NUMBER IS I THINK MS. HOTCHKISS HOUSE THAT
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| 00:37:41 |
Dell'Orto, Daniel J. - Acting General Counsel
NUMBER. >> YES, SIR THERE IS APPROXIMATELY 60 INDIVIDUALS AT GUANTANAMO BAY WHO HAVE ALREADY
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| 00:37:46 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
BEEN APPROVED FOR TRANSFER OR
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| 00:37:48 |
Dell'Orto, Daniel J. - Acting General Counsel
RELEASED TO THEIR HOME COUNTRY OR IN THE INSTANCES WHERE THEIR HOME COUNTRY DOES NOT WANT THEM OR THEY CAN'T BE SAID THEY'RE OUT OF HUMANE TREATMENT
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| 00:37:56 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
CONCERNS OR SECURITY CONCERNS AND WE ARE
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| 00:37:58 |
Dell'Orto, Daniel J. - Acting General Counsel
SEEKING A THIRD COUNTRY. >> SO 60 OR
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| 00:38:03 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
SO IT WILL BE RELEASED ONE WAY OR THE OTHER; CORRECT? >> OUR GOAL IS TO TRANSFER THE RELEASE. >> BUT WE DO CONTINUE TO HAVE ADMINISTRATIVE -- >> THEY...
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| 00:38:23 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
CONTINUE TO HAVE ANNUAL ADMINISTRATIVE REVIEW BOARDS WHICH HAVE BEEN VERY SUCCESSFUL IN PROVING INDIVIDUALS
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| 00:38:29 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
FOR TRANSFER OR RELEASE TO DATE MORE THAN 500 PEOPLE
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| 00:38:32 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
HAVE GONE HOME UNDER THIS PROCESS AND THROUGH OUR DIPLOMATIC NEGOTIATIONS. SO THOSE
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| 00:38:38 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
PROCESS THESE WILL CONTINUE AT THE RATE WE HAVE BEEN DOING SO. OVER THE PAST YEAR WE SEND MORE
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| 00:38:43 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
THAN 100 PEOPLE, UNDER THESE VERY PROCEDURES, THIS CAREFUL PROCESS AND THESE GILBERT NEGOTIATIONS WITH OTHER COUNTRIES AND WE INTEND TO CONTINUE TO DO...
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| 00:39:22 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
PROCESS FOR THE RELEASE PROCESS ALTHOUGH AS MS.
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| 00:39:25 |
Dell'Orto, Daniel J. - Acting General Counsel
HODGKIN'S INDICATES WE WILL CONTINUE TO TRY
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| 00:39:27 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
TO FIND WAYS TO EITHER TRANSFER THEM LIKELY WOULD HAVE TO BE TRANSFERS BECAUSE MY UNDERSTANDING IS THE
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| 00:39:34 |
Dell'Orto, Daniel J. - Acting General Counsel
THREAT LEVEL FOR THOSE IS SO HIGH THEY COULD NOT BE OUT RIGHT RELEASED. BUT YOUR RIGHT. THAT IS A CORE NUMBER THEREABOUTS THAT WILL BE NEITHER CHARGED...
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| 00:40:09 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
TOURS OBVIOUSLY THIS ONE HAS GONE ON LONGER. >> ARE THEY CONSIDERED PRISONERS OF WAR? >> THEY ARE NOT TECHNICALLY -- THEY ARE NOT TREATED AS
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| 00:40:18 |
Dell'Orto, Daniel J. - Acting General Counsel
PRISONERS OF WAR UNDER THE THIRD GENEVA CONVENTION. THEY'RE CONSIDERED UNLAWFUL ENEMY COMBATANTS UNDER THE LAW OF WAR. >> MR. HUNTER? >> THANK YOU, MR....
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| 00:40:33 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
APOLOGIZING TO OUR WITNESSES FOR
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| 00:40:35 |
Dell'Orto, Daniel J. - Acting General Counsel
THIS BAD TIMING IN THIS LONG DELAY. AND I APOLOGIZE FOR GETTING BACK A LITTLE LATE HERE. BUT ME JUST ASK YOU IF YOU PRELIMINARY QUESTIONS ABOUT GUANTANAMO...
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| 00:40:50 |
Hunter, Duncan Lee - U.S. Representative, [R] California
PLACE PEOPLE THINK MR. TREATMENT OCCURS, SOME OF MY FIRST QUESTION IS IN YOUR ESTIMATION AND I WOULD ASK THIS OF ALL THE PANELISTS, ARE THE PRISONERS...
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| 00:41:32 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
THEY HAVE REGULAR EXERCISES IN ALL DETAINEES HAVE RECREATION OPPORTUNITIES INCLUDE EXPORTS, THE OF CULTURAL ACTIVITIES, THAT ACTIVITY STICK AND PUT WITH...
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| 00:42:08 |
Hunter, Duncan Lee - U.S. Representative, [R] California
I HAVE MET WITH A DIFFERENT DETAINEE'S
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| 00:42:13 |
Dell'Orto, Daniel J. - Acting General Counsel
AS A COMMANDER I SENT MY ATTORNEYS TO
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| 00:42:17 |
Hunter, Duncan Lee - U.S. Representative, [R] California
WORK FOR JTF GITMO OFFICE.
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| 00:42:19 |
David, Steve - Chief Defense Counsel
IN FACT SEVERAL YEARS AGO I SERVE
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| 00:42:21 |
Hunter, Duncan Lee - U.S. Representative, [R] California
AS THE INTERIM FOR A SHORT PERIOD OF TIME WITH JOINT TASK FORCE
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| 00:42:28 |
David, Steve - Chief Defense Counsel
WANTON OF -- GUANTANAMO. I CAN SAY THAT WITH A VERY FEW EXCEPTIONS THE MEN AND WOMEN ARE MEMBERS OF THE GUARD FORCE OF MEMBERS OF THE MEDICAL STAFF AND...
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| 00:43:53 |
Hunter, Duncan Lee - U.S. Representative, [R] California
BELIEVE. >> OKAY. HOW LONG AGO? >> I THINK THE MOST RECENT INCIDENT I'M AWARE OF IS PROBABLY WITHIN THE
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| 00:44:03 |
David, Steve - Chief Defense Counsel
LAST 60 DAYS. >> OKAY. WHAT HAPPENED? >> I'M NOT SURE HOW MUCH I CAN TALK ABOUT THAT IN
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| 00:44:13 |
Hunter, Duncan Lee - U.S. Representative, [R] California
THIS FORUM. >> WELL, YOU GOT
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| 00:44:17 |
David, Steve - Chief Defense Counsel
US THERE. UTAH LOST USE OF SOMETHING BAD BUT HE CAN'T TELL US WHAT IT WAS? >> NO, SIR. I DID NOT SEE ANYTHING BAD. ITS INFORMATION PROVIDED TO
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| 00:44:26 |
Hunter, Duncan Lee - U.S. Representative, [R] California
ME, WHICH SUGGESTS THAT
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| 00:44:29 |
David, Steve - Chief Defense Counsel
THAT INCIDENT OCCURRED AND THAT WE BROUGHT IT TO THE ATTENTION -- >> OKAY. SO IF AN INCIDENT OCCURRED, WE ASSUME PEOPLE
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| 00:44:37 |
Hunter, Duncan Lee - U.S. Representative, [R] California
AREN'T PERFECT AND YOU'RE NOT GOING TO HAVE A PRESENT WITHOUT HAVING SOME
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| 00:44:41 |
David, Steve - Chief Defense Counsel
INCIDENT AT SOME POINT. IS DISCIPLINARY ACTION TAKEN? >> SOMETIMES THAT'S A LITTLE HARD TO ASCERTAIN EXACTLY WHAT HAPPENS AS AN END RESULT. WE DON'T...
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| 00:44:54 |
Hunter, Duncan Lee - U.S. Representative, [R] California
WHAT HAPPENED. SOMETIMES THAT INFORMATION IS A LITTLE INCOMPLETE. >> HOW ABOUT FINDING OUT FOR US AND LETTING US KNOW? YOU'RE A LITTLE VAGUE. FIND...
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| 00:45:06 |
David, Steve - Chief Defense Counsel
THE SPECIFICS. >> NOW LET ME ASK YOU A QUESTION ABOUT THAT. MIKE UNDERSTANDING IS THERE HAS NEVER BEEN A MURDER AT GUANTANAMO. IS THAT RIGHT? A MURDER...
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| 00:45:19 |
Hunter, Duncan Lee - U.S. Representative, [R] California
OKAY. IS THERE ANY OF THEIR PRESENT IN THE WILL COME A MAJOR PRISON, WHERE THERE'S NEVER BEEN MURDER BESIDES
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| 00:45:26 |
David, Steve - Chief Defense Counsel
GUANTANAMO? >> IF YOU'RE ASKING ME, SIR, I WOULD ASSUME
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| 00:45:29 |
Hunter, Duncan Lee - U.S. Representative, [R] California
THERE IS NOT, ALTHOUGH I DON'T KNOW. >> DO EDDY A FEW OTHER FOLKS KNOW OF A PRISON IN THE WORLD WHERE THERE HAS NEVER BEEN A MURDER ACCEPT GUANTANAMO?
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| 00:45:38 |
David, Steve - Chief Defense Counsel
A MAJOR PRISON?
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| 00:45:40 |
Hunter, Duncan Lee - U.S. Representative, [R] California
I DON'T THINK THERE IS ONE. I THINK HAS GOTTEN IN TERMS OF HAVING A CAPITAL CRIME COMMITTED IN THE PRISON I THINK IT IS THE ONLY ONE IN THE WORLD
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| 00:45:48 |
David, Steve - Chief Defense Counsel
WHERE THERE HAS NEVER BEEN A MURDER. I'VE HEARD LOTS OF LIKE COLLEAGUES CRITICIZE
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| 00:45:53 |
Hunter, Duncan Lee - U.S. Representative, [R] California
GUANTANAMO AND I'VE LOOKED AT THE RECORDS OF MURDERS, ASSAULTS, AND OTHER PROBLEMS IN THEIR PARTICULAR DISTRICTS AND THEIR STATE AND LOCAL PRISONS AND...
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| 00:47:15 |
Dell'Orto, Daniel J. - Acting General Counsel
AGAINST
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| 00:47:16 |
Hunter, Duncan Lee - U.S. Representative, [R] California
TERRORISTS AND THAT WE INCARCERATE PEOPLE LIKE KHALID SHEIKH MOHAMMED WHO DOES SAY THAT HE PLANNED THE ATTACK THAT KILLED THOUSANDS OF MEN, WOMEN,...
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| 00:47:57 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
THE GEOGRAPHY? BECAUSE THEY HAVE NOW ATTACKED CERTAIN RIGHTS TO PEOPLE INCARCERATED IN GUANTANAMO AND MOST IMPORTANT, WHICH OBVIOUSLY IS THE RIGHT TO...
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| 00:48:13 |
Hunter, Duncan Lee - U.S. Representative, [R] California
PEOPLE AS EVERYBODY CONCURS WE HAVE INCARCERATING THESE FOLKS. WE HAVE GOOD CARE, A GOOD TREATMENT, GOOD FOOD, GOOD HEALTH CARE. IS THERE A COMPELLING...
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| 00:48:46 |
Hodgkinson, Sandra L. - Deputy Assistant Secretary
THAT. I DON'T WANT TO INTERRUPT YOU. >> THAT'S WHEN ASKING QUESTIONS SO YOU CAN GET YOUR 2 CENTS WORTH IN. WHY DO YOU THINK WE SHOULD CLOSE
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| 00:48:55 |
Hunter, Duncan Lee - U.S. Representative, [R] California
IT? >> I THINK FIRST AND FOREMOST
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| 00:48:57 |
David, Steve - Chief Defense Counsel
BECAUSE IT IS A BLIGHT ON OUR LEGAL INTEGRITY AND THE FACT THAT A DETAINEE AT GUANTANAMO BAY IS BEING FED APPROPRIATELY, THAT IS WONDERFUL. THAT'S THE
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| 00:49:09 |
Hunter, Duncan Lee - U.S. Representative, [R] California
WE ARE. WE ARE AMERICANS. WE'RE GOING TO TAKE CARE OF PEOPLE. BUT THE FACT THEY DO NOT HAVE THE RIGHT
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| 00:49:16 |
David, Steve - Chief Defense Counsel
TO COUNSEL UNTIL THEY ARE CHARGED, THE FACT THAT ONLY RECENTLY THE SUPREME COURT EXTENDED SOME CONSTITUTIONAL RIGHTS TO THE DETAINEES OF GUANTANAMO...
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| 00:50:50 |
Hunter, Duncan Lee - U.S. Representative, [R] California
YOU PUT THEM. YOU COULD APPLY THE FULL RIGHTS OF THE CONSTITUTION TO PEOPLE AT GUANTANAMO BAY IF THE COUNTRY DECIDES TO DO THAT; RIGHT? IN THE PROCEEDINGS...
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| 00:51:32 |
David, Steve - Chief Defense Counsel
HARD THAT IS UNDERSTAND -- HARD TO UNDER UNDERSTAND. WHY CAN'T YOU -- SIGNED BY THE PRESIDENT WITH RESPECT TO THE DETAINEE TREATMENT ACT OR THIS
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| 00:51:51 |
Hunter, Duncan Lee - U.S. Representative, [R] California
MILITARY JUSTICE SYSTEM FOR THE SO-CALLED TERRORIST TRIBUNAL LACKED BUT WE HAVE NOW PUT INTO THE LAW. THAT'S NOT SPECIFIC TO A PARTICULAR PIECE OF GEOGRAPHY....
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| 00:52:35 |
David, Steve - Chief Defense Counsel
TRANSPORTATION? >> WE HAVE MADE EXTRAORDINARY EFFORTS SINCE THE CHARGING OF THESE INDIVIDUALS IN 2007
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| 00:52:44 |
Hunter, Duncan Lee - U.S. Representative, [R] California
TO PROVIDE SUPPORT FOR ALL PARTICIPANTS IN THE TRIAL PROCESS AT GUANTANAMO. WE HAVE BUILT A BRAND NEW COURTROOM. WE HAVE BUILT, PUT TOGETHER TEMPORARY...
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| 00:52:57 |
Dell'Orto, Daniel J. - Acting General Counsel
SO THAT WE CAN PROVIDE EVERYONE THEIR OPPORTUNITY. >> SO LET ME DO THIS, COLONEL, WHY DON'T YOU GET AS A DEFENSE COUNSEL TO CONTACT THE COMMITTEE WHO...
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| 00:53:21 |
Hunter, Duncan Lee - U.S. Representative, [R] California
IF THAT IS YOUR CLAIM. >> MY PLAN IS NOT AS RELATES TO ACCOMMODATIONS. WE HAVE ACCOMMODATIONS. MY PLAN AS IT RELATES TO GETTING TO AND FROM, I PLAN AS...
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| 00:53:45 |
David, Steve - Chief Defense Counsel
THE PROSECUTION TO HAVE A BRIEFING, AN ORIENTATION CLASSIFIED BRIEFING ONLY TO HAVE THAT PLANNED INTO THE DAY BEFORE COUNCIL BECAUSE I WAS TOLD IT...
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| 00:54:24 |
Hunter, Duncan Lee - U.S. Representative, [R] California
AND PROVIDE ADEQUATE JUSTIFICATION SO THAT A DECISION COULD BE
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| 00:54:27 |
David, Steve - Chief Defense Counsel
MADE BASED ON MORE THAN JUST AN
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| 00:54:29 |
Hunter, Duncan Lee - U.S. Representative, [R] California
ASSERTION IT WAS GOING TO BE
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| 00:54:31 |
David, Steve - Chief Defense Counsel
AN ORIENTATION THAT REQUEST WOULD BE
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| 00:54:34 |
Hunter, Duncan Lee - U.S. Representative, [R] California
CONSIDERED. >> YOU KNOW, WE PUT THIS ALL TOGETHER AND THE REASON
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| 00:54:37 |
Dell'Orto, Daniel J. - Acting General Counsel
I'M TAKING TIME AND I APPRECIATE THE CHAIRMAN LETTING ME TAKE TIME BECAUSE THIS IS A VERY SERIOUS MATTER AND ONE THAT HAS GOT A LOT OF DEBT, WE PUT...
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| 00:54:56 |
Hunter, Duncan Lee - U.S. Representative, [R] California
AND THE MEMBERS AND WE PUT TOGETHER A GROUP OF RIGHTS THAT WE AFFORD THE DETAINEE'S OF THE MILITARY COMMISSIONS ACT. AND I AM READING THEM. THE RIGHT...
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| 00:57:53 |
David, Steve - Chief Defense Counsel
TO TORTURE -- WHETHER THEY CROSSED INTO TORTURE. IT WOULD BE HELPFUL IF SOME OF THOSE RIGHTS WERE PLAYED OUT OF THE COMMISSION'S PROCESS, MORE OPENLY...
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| 00:59:47 |
Hunter, Duncan Lee - U.S. Representative, [R] California
OPTED BY TORTURE ARE EXCLUDED UNDER THE LAW. SO WE PASSED A LAW AND IF IT IS NOT FOLLOWED OF COURSE THAT'S REVERSIBLE ERROR IN A CASE. AND WHEN YOU...
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| 01:02:26 |
Dell'Orto, Daniel J. - Acting General Counsel
BE LARGELY FROM BATTLEFIELD REPORTS, REPORTS FILED UP BY THOSE WHO CAPTURED HIM WHO BROUGHT HIM INTO THEIR CUSTOM-MADE -- CUSTODY MATCHING HIS INTELLIGENCE...
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| 01:04:48 |
Hunter, Duncan Lee - U.S. Representative, [R] California
THE DECISION ALSO ALLOWS THEM THE FULL PANOPLY OF RICE THAT COMES WITH HABEAS CORPUS TO COME TO AN
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| 01:04:58 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
INDEPENDENT SEEKING HABEAS OR IS THERE SOME DIMINISHED STATUS, SOME DIMINISHED BACK THE RIGHTS, COLLECTION OF RIGHTS THEY HAVE A, IS THAT PART AND PARCEL...
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| 01:05:45 |
Katsas, Gregory G. - Assistant Attorney General
THE RIGHT TO HABEAS CORPUS. YOU CAN CERTAINLY PASS STATUTES THAT DEFINE THE PROCEDURES
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| 01:05:54 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
TO BE USED, THE STANDARDS APPROVED AS I SAID YOU HAVE DONE THAT WITH RESPECT TO HABEAS CORPUS. >> ASK, DOES THE DEPARTMENT TAKE
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| 01:06:05 |
Katsas, Gregory G. - Assistant Attorney General
THE POSITION, DOES CONGRESS HAVE THE AUTHORITY TO STRIP FEDERAL COURTS OF THE RIGHT TO VIEW HABEUS CORPUS PETITIONS? >> THE SUPREME COURT HAS STRUCK ...
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| 01:06:23 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
THE DETAINEES HABEUS CORPUS RIGHTS AND I SHOULD ADD THAT THE ATTORNEY GENERAL'S SPECIFIC PROPOSALS ARE CONSISTENT WITH ALL OF THE RIGHTS RECOGNIZED...
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| 01:06:34 |
Katsas, Gregory G. - Assistant Attorney General
ALL OF THE RIGHTS PREVIOUSLY RECOGNIZED BY THE SUPREME COURT. >> LET'S TAKE COURSE OF TESTIMONY. COERCIVE EVIDENCE OBTAINED THROUGH COERCIVE MEAN-SPIRITED...
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| 01:07:01 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
CASES? >> EVIDENCE IMPROPERLY SEIZED, OBTAINED WOULD BE EXCLUDED. >> WHAT ABOUT THE RIGHT TO CONFRONT THOSE WHO HAVE MADE ACCUSATIONS AGAINST YOU? >>...
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| 01:07:25 |
Katsas, Gregory G. - Assistant Attorney General
IN THIS COUNTRY APPLIES ONLY TO CRIMINAL PROSECUTION. >> SO THERE
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| 01:07:30 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
IS NO RIGHT THEN TO HAVE WITNESSES WHO HAVE MADE CHARGES AND ACCUSATIONS
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| 01:07:36 |
Katsas, Gregory G. - Assistant Attorney General
AGAINST YOU, CONFRONT YOU PERSONALLY FACE-TO-FACE IN OPEN COURT? >> WELL, IF THAT MEANS THAT THE ONLY WAY TO SUPPORT A DETENTION IS FOR SERVICE MEMBERS...
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| 01:07:51 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
THE BATTLEFIELD TO GIVE EYEWITNESS TESTIMONY AS OPPOSED TO A YEAR SAY AFFIDAVIT, WE THINK THE ANSWER SHOULD BE IS IN THE SHOULD
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| 01:08:02 |
Katsas, Gregory G. - Assistant Attorney General
BE KNOWN AS THE SUPREME COURT RECOGNIZED IN THE HONDA CASE WOULD SPECIFICALLY SAID HERE SAY IN THESE CIRCUMSTANCES WOULD BE PERMISSIBLE. >> WHAT ABOUT...
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| 01:08:34 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
THAT THE DETAINEE BE ABLE TO PUT ON WHATEVER EVIDENCE HE WISHES. WE DON'T THINK THAT'S THAT ENTAILS THE RIGHT TO COMPEL THE GOVERNMENT TO SEARCH THROUGH...
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| 01:08:51 |
Katsas, Gregory G. - Assistant Attorney General
RECORDS WORLDWIDE FOR ANY EVIDENCE THAT MIGHT EXIST ANYWHERE DUE TO CLASSIFICATION CONCERNS, BURDENS ON THE MILITARY, AND THE LACK OF ANY PRECEDENT...
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| 01:09:33 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
AN ORDINARY CRIMINAL DEFENDANT IN A FEDERAL COURT. >> ABSOLUTELY, MR. SPRATT, THE SUPREME COURT IN BOUMEDIENE SAID EXPLICITLY THAT THE EXTENT OF PROCEDURAL...
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| 01:09:58 |
Katsas, Gregory G. - Assistant Attorney General
THAT? >> BOUMEDIENE DOES NOT DEFINITIVELY ANSWER THE QUESTION OF HOW MUCH PROCEDURE THE DETAINEES ARE ENTITLED TO, BUT IT DOES SAY THAT THE PROCEDURE...
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| 01:10:19 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
EXCUSE ME,
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| 01:10:20 |
Katsas, Gregory G. - Assistant Attorney General
I BELIEVE THE DECISION IS CLEAR THAT NEITHER CITIZENSHIP NOR SUN TEA STATUS IS DISPOSITIVE. INSTEAD THE COURT QUOTED WHETHER A CONSTITUTIONAL REVISION...
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| 01:10:36 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
POSSIBLE ALTERNATIVES. I THINK THEY'RE NOT SATISFIED WITH THE ALTERNATIVES, THEY MADE
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| 01:10:40 |
David, Steve - Chief Defense Counsel
IT CLEAR THAT PBS WILL EXTEND IT, AND I THINK THERE IS CERTAINLY A PRESENT THEIR THAT OTHER CONSTITUTIONAL RIGHTS WILL APPLY TO THE DETAINEES CHARGED...
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| 01:11:32 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
OF THAT? >> THE PURPOSE OF THAT IS SAFEGUARDING THE SECURITY OF THIS COUNTRY. SEEMS UNWISE TO ALLOW POTENTIALLY DANGEROUS PEOPLE INTO THE COUNTRY TO ROAM...
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| 01:11:57 |
Katsas, Gregory G. - Assistant Attorney General
WOULD THEY NOT? >> THEY MAY OR MAY NOT BE IN CUSTODY. I WOULD THINK THAT OTHER THINGS EQUAL CUSTODY AND IS SECURE FOREIGN AND MILITARY BASE ON A REMOTE...
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| 01:12:16 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
OR WASHINGTON D.C. >> THANKS VERY
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| 01:12:23 |
Katsas, Gregory G. - Assistant Attorney General
MUCH. >> MR. MCHUGH OF NEW YORK. >> THANK YOU MR. CHAIRMAN BEARDED GENTLEMAN, I WANT TO PURSUE MR. SPRATS LAST POINT A LITTLE BIT. AND NOW PREFACE THAT...
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| 01:12:44 |
Spratt, John M Jr. - U.S. Representative, [D] South Carolina
KATSAS AND COLONEL
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| 01:12:46 |
McHugh, John M. - U.S. Representative, [R] New York
DAVID AS TO WHAT THIS COURT DECISION CONVEYS WITH RESPECT TO CONSTITUTIONAL RIGHTS AND WHAT THE PROVISION OF HABEAS MEANS HERE GIVEN THE ABSENCE OF GUIDANCE...
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| 01:14:52 |
Katsas, Gregory G. - Assistant Attorney General
UNDER CUSTODY, THERE WOULD BE FREE TO ROAM, TRUE? >> THE REQUEST IS FOR RELEASE INTO THE COUNTRY. >> COLONEL, WOULD YOU
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| 01:15:03 |
McHugh, John M. - U.S. Representative, [R] New York
DISAGREE WITH THAT? >> THAT POTENTIAL, I THINK CERTAINLY THE POTENTIAL IS THERE. >> THANK YOU. COLONEL, I TRY TO FOLLOW VERY CAREFULLY YOUR DISCUSSION...
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| 01:15:17 |
Katsas, Gregory G. - Assistant Attorney General
MEMBER WITH RESPECT TO THE FACILITY AT
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| 01:15:23 |
McHugh, John M. - U.S. Representative, [R] New York
GUANTANAMO AND QUITE FRANKLY I TENDED
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| 01:15:26 |
David, Steve - Chief Defense Counsel
TO AGREE WITH THE RANKING MEMBER THAT THE CONCERNS YOU HAD
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| 01:15:32 |
McHugh, John M. - U.S. Representative, [R] New York
WORKED NECESSARILY EMBEDDED INTO THE FACILITY PER SAY, THERE WERE LARGELY PROCEDURAL ALTHOUGH I RECOGNIZE THERE WAS A GEOGRAPHY ISSUE IN TRANSPORT AND...
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| 01:16:36 |
David, Steve - Chief Defense Counsel
STATES. >> THANK YOU. I DIDN'T FEEL IT WAS FAIR TO ASSUME THAT AND I AM GLAD WE GOT IT ON THE RECORD. THE OTHER ASSUMPTION I THANK YOU ANSWERED YOURSELF,...
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| 01:16:57 |
McHugh, John M. - U.S. Representative, [R] New York
THAT BOUMEDIENE SUGGESTS VERY CLEARLY THAT THE IT DETAINEES THAT THE GUANTANAMO HAVE A WIDER RANGE AND AS YOU JUST SAID WILL BE ARGUED AND ULTIMATELY...
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| 01:17:39 |
David, Steve - Chief Defense Counsel
RULING AS WELL AS THAT PROVIDED UNDER THE DETAINEE ACT PROVIDES TO THE DETAINEE IS
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| 01:17:46 |
David, Steve - Chief Defense Counsel
MORE APPELLATE RIGHTS AND THEN THE NEXT STATES CITIZEN, I HEARD YOU
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| 01:17:50 |
McHugh, John M. - U.S. Representative, [R] New York
CORRECTLY? >> YES, SIR. >> I JUST WANT TO BE CLEAR FOR THE RECORD. I WOULD ARGUE THAT ALSO BORK MORE RIGHTS OF APPEAL THAT ARE AFFORDED TO THE PEOPLE...
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| 01:18:11 |
Dell'Orto, Daniel J. - Acting General Counsel
PREVIOUS QUESTION. IN
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| 01:18:13 |
McHugh, John M. - U.S. Representative, [R] New York
POINT OF FACT, IF YOU TAKE KERNELED DAVID'S ARGUMENT TO ITS LOGICAL CONCLUSION, HE WOULD BE ARGUING THAT BY VIRTUE OF THIS DECISION A DETAINEES AT GUANTANAMO...
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| 01:18:29 |
Dell'Orto, Daniel J. - Acting General Counsel
AND WOMEN HAVE ON THE UNIFORM CODE OF MILITARY JUSTICE BECAUSE THERE ARE CERTAIN CONSTITUTIONAL RIGHTS THAT ARE CONSTRAINED UNDER THE UNIFORM CODE OF...
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| 01:19:01 |
McHugh, John M. - U.S. Representative, [R] New York
THE MR. KATSAS, I THINK YOUR ANALYSIS OF THE CONVEYANCE OF THE RIGHT TO CONFRONT, AND BY THE WAY FOR THE RECORD I DROP DEAD OF LAW SCHOOL AFTER 10 DAYS...
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| 01:20:09 |
Katsas, Gregory G. - Assistant Attorney General
EXTENDED BUT COULD BE AS THE BLANKS
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| 01:20:12 |
McHugh, John M. - U.S. Representative, [R] New York
FOR PHILBIN, IT IS MY UNDERSTANDING
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| 01:20:15 |
Katsas, Gregory G. - Assistant Attorney General
THAT A TRUE CONFRONTATION AND IN THE TRADITIONAL ASPECTS WOULD BE HELD HERE IN THE UNITED STATES IN FEDERAL COURT, IS THAT
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| 01:20:24 |
McHugh, John M. - U.S. Representative, [R] New York
TRUE? >> IF THE PROCEEDINGS WERE CONDUCTED HERE -- >> IS THAT NOT STANDARD PROCEDURE IN SIX MINUTE CONFRONTATION BEFORE FEDERAL COURT? TO MAKE THE...
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| 01:20:46 |
Katsas, Gregory G. - Assistant Attorney General
AND CONSTITUTION NW. >> MR. CHAIRMAN, ENCLOSING A
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| 01:20:51 |
Katsas, Gregory G. - Assistant Attorney General
WOULD SAY COLONEL DAVID YOU'RE DOING A GREAT JOB REPRESENTING THE INTERESTS OF HIS CLIENTS, THAT IS HIS JOB AND I RESPECT HIM FOR IT AND I CAN FEEL...
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| 01:21:09 |
McHugh, John M. - U.S. Representative, [R] New York
ATTORNEY GENERAL'S COMMENTS. WITHOUT SAYING HE IS ALL RIGHT OR ALL WRONG, I THINK THESE ARE POINTS THAT WE HAVE TO CAREFULLY CONSIDER AND IN MY OPINION...
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| 01:22:13 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
YOU KNOW WHEN IT COMES
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| 01:22:15 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
TO CRIMINAL LAW WHETHER IT IS THE FIFTH AMENDMENT RIGHT BECAUSE TO GET ARTICLE FREE AS A OPPOSED TO MARIN AND YOU HAVE THE RIGHT TO COUNSEL IN THE MILITARY...
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| 01:23:44 |
Katsas, Gregory G. - Assistant Attorney General
BY SAYING THAT THE GRANDMOTHER COULD BE HELD BECAUSE, AND I QUOTE, SOMEONE'S ATTENTION IS CLEARLY NOT A FACTOR THAT WOULD DISABLE THE TENSION, AND...
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| 01:23:55 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
PUZZLED. WHAT IS THE GOVERNMENT'S FORMAL POSITION ON THE OUTER LIMITS THE FOOD CAN BE DETAINED? >> UNDER THE AUMF, NATIONS ORGANIZATIONS OR PERSONS...
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| 01:24:25 |
Katsas, Gregory G. - Assistant Attorney General
CAN BE DETAINED BECAUSE AL QAEDA IS THE ORGANIZATION AT THE COMMITTED THE ATTACKS AND THE TALIBAN IS THE ARMED FORCE OF THE NATION AND THAT HARBORED...
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| 01:25:57 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
PERIOD. >>
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| 01:25:59 |
Katsas, Gregory G. - Assistant Attorney General
THANKS
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| 01:26:00 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
SO. IN RESPONSE TO THE BOUMEDIENE DECISION, ATTORNEY GENERAL MUKASEY CALLED ON CONGRESS TO PASS LEGISLATION THAT BASICALLY CODIFIES THE ADMINISTRATION'S...
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| 01:26:15 |
David, Steve - Chief Defense Counsel
THE GOVERNMENT CAN DETAIN AS ENEMY COMBATANTS PURSUANT TO THE AUM OF. YOU HEARD
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| 01:26:21 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
ME EARLIER SAY WE'RE TRYING TO FIND A BALANCE, OBVIOUSLY WE'RE LOOKING AT A SPECTRUM, ON ONE HAND WE HAVE THE MIRANDA RIGHTS WHICH KNOWN ON THIS COMMITTEE...
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| 01:28:37 |
Katsas, Gregory G. - Assistant Attorney General
AND ASSOCIATED FORCES. >> I KNOW MY TIME IS UP, GO AHEAD AND PROCEED. >> I WOULD AGREE. I THINK WE CAN ALL AGREE IF IT IS AN AL QAEDA MEMBER OR TALIBAN...
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| 01:29:02 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
AND HOW TENUOUS
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| 01:29:04 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
CONNECTION TO THE HAVE TO BE? >> NO DOUBT ON THE QUESTION HOW TENUOUS THE CONNECTION HAS TO BE, AS I SAID, NO DOUBT THERE ARE HARD QUESTIONS ON THE OUTER...
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| 01:29:31 |
Katsas, Gregory G. - Assistant Attorney General
DETENTION -- CHEMICAL WITH ALL DUE RESPECT, YOU ARE A MEMBER OF THE ADMINISTRATION AND WE'RE ASKING FOR YOUR PROFESSIONAL OPINION THERE AND AS WE'RE...
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| 01:30:20 |
Katsas, Gregory G. - Assistant Attorney General
THAT CIRCLE, SUPREME COURT HAS SPOKEN, THE ANSWER IS TO HABEUS CORPUS PROCEEDINGS AND OF THE TASK I HOPE FOR THE POLITICAL BRANCHES WORKING TOGETHER...
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| 01:31:00 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
SECURITY COURT AND OUT AS THE OTHER MEMBERS OF THE PANEL IF THEY WOULD LIKE TO MENTION. I KNOW SANDRA WE SERVE THE SAME TIME IN IRAQ TOGETHER. I KNOW...
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| 01:33:29 |
Dell'Orto, Daniel J. - Acting General Counsel
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| 01:34:16 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
|
| 01:34:18 |
David, Steve - Chief Defense Counsel
|
| 01:35:37 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
|
| 01:36:14 |
David, Steve - Chief Defense Counsel
|
| 01:36:58 |
Murphy, Patrick - U.S. Representative, [D] Pennsylvania
|
| 01:37:59 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
| 01:38:01 |
Hunter, Duncan Lee - U.S. Representative, [R] California
|
| 01:41:04 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
| 01:42:04 |
Katsas, Gregory G. - Assistant Attorney General
|
| 01:43:19 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
| 01:43:35 |
Katsas, Gregory G. - Assistant Attorney General
|
| 01:43:39 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
| 01:43:46 |
Dell'Orto, Daniel J. - Acting General Counsel
|
| 01:44:46 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
| 01:45:00 |
Katsas, Gregory G. - Assistant Attorney General
|
| 01:45:01 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
| 01:45:16 |
Skelton, Isaac "Ike" - U.S. Representative, [D] Missouri
|
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.