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S10354 CONGRESSIONAL RECORD — SENATE September 28, 2006 a moment, against public opinion, to MILITARY COMMISSIONS ACT OF Senator from Texas, Mr. CORNYN, in set the gold standard and set us apart. 2006 the unanimous consent agreement to We have been known as the nation of The PRESIDING OFFICER. Under be recognized as one of the wrap-up Nuremberg. My fear is now we will be the previous order, the Senate will re­ speakers on those in opposition to the known as the nation of Guantanamo, sume consideration of S. 3930, which amendment. I yield the floor. and I worry about that. the clerk will report. Mr. WARNER. We have our dif­ The PRESIDING OFFICER. The Sen­ The assistant legislative clerk read ator from Arizona is recognized. ferences, if I may say, but that was a as follows: war of state-sponsored nations and ag­ Mr. KYL. Madam President, yester­ A bill (S. 3930) to authorize trial by mili­ day Senator SPECTER argued that one gressions, men wearing uniforms, men tary commission for violations of the law of acting at the direction of recognized sentence in the Hamdi opinion that re­ war, and for other purposes. fers to habeas corpus rights as applying governments. Today’s war is a dis­ Pending: parate bunch of terrorists, coming to all ‘‘individuals’’ inside the United Specter amendment No. 5087, to strike the overnight, no uniforms, no principles, States indicates that alien enemy com­ provision regarding habeas review. batants have constitutional habeas guided by nothing. We are doing the rights when they are held inside this best we can as a nation, under the di­ The PRESIDING OFFICER. The Sen­ country. I believe that Senator SPEC­ rection of our President, to defend our­ ator from Virginia. TER is incorrect, for the following rea­ selves. Mr. WARNER. Madam President, just sons: (1) The Hamdi plurality repeat­ Mr. DODD. If our colleague would for purposes of advising colleagues, edly makes clear that ‘‘the threshold yield, I do not disagree, but I don’t there remains on the Specter amend­ question before us is whether the Exec­ think there is a choice between uphold­ ment 16 minutes under the control of utive has the authority to detain citi­ ing the principles of America and fight­ the Senator from Virginia. I desire to zens who qualify as ‘enemy combat­ ing terrorism. Every generation of allocate about 4 minutes to Senator ants.’’’ The plurality expressly frames Americans will face their own threats. KYL, 2 to 3 minutes to Senator SES­ the issue before it in terms of the This is ours. Every previous generation SIONS, and to wrap it up, 2 to 3 minutes rights of citizens no fewer than eight faced serious threats, and they did not to Senator GRAHAM. But we will alter­ times. It is clear that it is only the abandon the principles upon which this nate or do as the Senator from Michi­ rights of citizens that the Hamdi plu­ country is founded. I am fearful we are gan—you have 33 minutes, I believe, rality studied and ruled on. (2) Else­ going to do that today. under the control of Senator SPECTER where the Hamdi plurality criticized a Mr. WARNER. I disagree with my and those in support of his amendment. rule that would make the government’s friend, and I yield the floor. Mr. LEVIN. Madam President, par­ right to hold someone as an enemy The PRESIDING OFFICER. The liamentary inquiry: How much time is combatant turn on whether they are Democratic leader. remaining to Members on this side, in­ held inside or outside of the United Mr. REID. For this little conclusion, cluding on the bill? States. The plurality characterized I will use leader time. The PRESIDING OFFICER. Senator PECTER such a rule as creating ‘‘perverse incen­ I ask unanimous consent that 5 min­ S ’s side controls 33 minutes. Mr. LEVIN. On the Democratic side? tives,’’ noted that it would simply en­ utes from Senator ROCKEFELLER and The PRESIDING OFFICER. Senator courage the military to hold detainees Senator KENNEDY—they both have a WARNER controls 16 minutes, and the abroad, and concluded that it should half hour on their respective amend­ proponent of the amendment controls not create a ‘‘determinative constitu­ ments—be transferred to Senators 33. tional difference.’’ The same effect CLINTON and JOHN KERRY. They will Mr. LEVIN. And on the bill itself, is would, of course, be felt if enemy sol­ each have 5 minutes to speak. And that there time left? diers’ habeas rights were made turn on I have 12 minutes under my control re­ The PRESIDING OFFICER. Senator whether they were held inside or out­ maining on the bill and that time be REID has allocated the remainder of side of the United States. The fact that equally divided between Senators FEIN­ the debate time on the bill itself. the Hamdi plurality rejected this type STEIN and FEINGOLD. They will each Mr. LEVIN. All time is allocated? of geographical gamesmanship in one have 6 minutes to speak on the bill. The PRESIDING OFFICER. Correct. context casts doubt on the theory that Mr. WARNER. Madam President, re­ Mr. LEVIN. Madam President, I ask it endorsed it in a closely related con­ serving the right to object, and I will unanimous consent that I be allowed to text. (3) Had Hamdi extended habeas not object, but I listened carefully. You proceed for 30 seconds. rights to alien enemy combatants held courteously advised me that this re­ The PRESIDING OFFICER. Is there inside the United States, that would quest works within the confines of the objection? Without objection, it is so have been a major ruling of tremen­ standing unanimous consent, is my un­ ordered. dous consequence. Because courts typi­ derstanding, in terms of the allocation Mr. LEVIN. Madam President, I wish cally do not hide elephants in of time. to thank the Senator from Connecticut mouseholes, cf. Whitman v. ATA, it is Mr. REID. This adds no time to the for one of the most passionate state­ fair to conclude that no such bill. ments I have ever heard on this floor— groundbreaking ruling is squirreled Mr. WARNER. That is correct. I heartfelt, right on target. The distinc­ away in one ambiguous sentence in the wanted to make that clear to my col­ tions made in this bill which will allow Hamdi plurality opinion on the floor leagues. statements to be admitted into evi­ Wednesday evening, I presented the ar­ Mr. LEAHY. Reserving the right to dence that were produced by cruel gument that the constitutional writ of object. I shall not, of course. As a mat­ treatment is unconscionable. It is said habeas corpus does not extend to alien ter of clarification, there is still some that, well, statements made after De­ enemy soldiers held during wartime. specific time reserved to the Senator cember 30 of 2005 won’t be allowed, but Senator SPECTER responded by quoting from Vermont; is that correct? those that are produced by cruel and from a passage in Justice O’Connor’s The PRESIDING OFFICER. There re­ inhuman treatment prior to December plurality opinion in Hamdi v. Rums­ mains 23 minutes on the bill. 30 of 2005 are OK. It is unconscionable. feld, 542 U.S. 507 (2004), that he believes Mr. REID. That is 23 minutes, plus It is unheard of. It is untenable, and establishes that alien combatants are the good offices of Senator SPECTER the Senator from Connecticut has entitled to habeas rights if they are may give the Senator additional time. pointed it out very accurately, bril­ held within the United States. That Mr. LEAHY. Thank you. liantly. I thank him for his statement. statement, towards the beginning of f Mr. WARNER. Madam President, we section III.A of the court’s opinion, is a will proceed on Specter’s amendment. part of a statement of general prin­ CONCLUSION OF MORNING In due course, I will find the time to ciples noting that ‘‘[a]ll agree’’ that, BUSINESS comment on my colleague’s 30 seconds. absent suspension, habeas corpus re­ The PRESIDING OFFICER. Morning I want to keep this thing in an orderly mains available to every ‘‘individual’’ business is now closed. progression. I would like to add the within the United States. Senator VerDate Aug 31 2005 04:38 Sep 29, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.008 S28SEPT1 ccoleman on PROD1PC71 with SENATE September 28, 2006 CONGRESSIONAL RECORD — SENATE S10355 SPECTER reads this statement, un­ ion to extend constitutional habeas have been allowed to sue our govern­ adorned by any qualification as to rights to alien enemy combatants ment in our courts to challenge their whether the individual in question is a whenever they are held inside the detention. And were their right to do U.S. citizen, an illegal immigrant, or United States is that, elsewhere in its so made to turn on whether they were an alien enemy combatant, to stand for opinion, the plurality is quite critical held inside or outside of the United the proposition that even the latter of a geographically-based approach to States, our Armed Forces inevitably has a constitutional right to habeas enemy combatant’s rights. At page 524, would have been forced to find some ac­ corpus when held within the United the plurality responds to a passage in commodations for them in foreign ter­ States. Justice Scalia’s dissent that it reads as ritory. And since holding enemy com­ I would suggest that this single, am­ arguing that the government’s ability batants near the war zone is neither biguous statement cannot be construed to hold someone as an enemy combat­ practical nor safe, our nation’s whole to bear that much weight, for three ant turns on whether they are held in­ ability to fight a war would be made to reasons.

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