John McCain

Mr. McCAIN

Mr. McCAIN. Madam President, could I just add my words of appreciation, along with those of the chairman, for Senator Whitehouse's hard work on this very important issue. I yield the floor.

Mr. McCAIN. Everyone we capture may not be as stupid as the couple who waived their Miranda rights. One of them is going to be pretty smart and certainly not waive their Miranda rights. Wouldn't that make sense over time?

Mr. McCAIN. If this bill is enacted.

Mr. McCAIN. To kind of summarize this issue for our colleagues, we believe an al-Qaida operative is an enemy combatant and, therefore, the assumption should be that that enemy combatant should be under military custody whether it be in the United States or any place else?

Mr. McCAIN. I would argue especially in the United States since that poses the greatest threat. However, with our assumption that that person should be held under military custody, we still give a very wide waiver in case there are extenuating circumstances. In other words, we are saying that we assume an al-Qaida operative, or a suspected al-Qaida operative, is an enemy combatant wherever they are on Earth and, therefore, they should be under military custody unless there is some reason that the President determines otherwise. The counterargument we are hearing, in summary, is that because that al-Qaida operative is apprehended in the United States, therefore, they should fall under civil authority, thereby negating the assumption that he is an enemy combatant; he is a common criminal. This is a very important principle in this discussion we are having. How do you treat a suspected al-Qaida terrorist who wants to, in the case of the Underwear Bomber, blow up a plane with 100 some-odd passengers on it? Shouldn't that person be treated as an enemy combatant and, therefore, subject to all of the rules of military people who are under the supervision of the military? Isn't that what we are debating here? The ACLU and the left, with all due respect, feel that person should be--first of all, that al-Qaida operatives should be treated under our criminal system rather than treated as an enemy combatant who wants to do great harm to the United States of America. Is that an accurate description of what we are talking about here?

Mr. McCAIN. Mr. President, I see the Senator from Illinois on the Senate floor, whom I know is very heavily involved in this issue. I think we have been debating this amendment now for about 3 hours, at least, and we have had a number of speakers from both sides. I hope that perhaps we can go ahead and vote on this amendment. I was informed and the chairman was informed by Senator Reid that there is a limited amount of time that can be spent on this bill. I realize how important it is to him, but we have no further speakers right now. I know the Senator from Illinois wishes to speak on it. But would it be agreeable that after we have exhausted the number of speakers that we could go ahead and vote on the amendment?

Mr. McCAIN. It is too bad. Let me just say to the Senator from Illinois, this is an important issue, and I understand how important it is to him. But this legislation has a lot to do with defending this country. For the Senator to hold up the entire bill because he doesn't think it has been discussed enough is a disservice to the men and women in the military whose concerns and needs this bill addresses, as well as the needs of the Nation's security. So we took up this amendment in the belief that we were going to go ahead and debate it and vote on it. So the Senator from Illinois, if we are forced to not be able to complete work on this legislation, I think bears a pretty heavy burden because we have a lot of other provisions in this bill that are also vitally important to the security of this Nation. We have had spirited debate. I have been involved in this legislation of the national defense authorization bill for a quarter of a century. We have moved forward and we have had debate and we have had votes. I hope we can do that now so we can move forward to other issues. The Senator from Kentucky is on the Senate floor with an amendment he would like to have debated and voted on, and we have about 100 more. So I say to the Senator from Illinois that after we have had sufficient debate, I hope we can go ahead and vote on the amendment.

Mr. McCAIN. Mr. President, just briefly, I would ask the indulgence of the Senator from Oregon. I just would ask the Senator from South Carolina if he would finish the response, and I am sure it would only take him 2 or 3 minutes to finish.

Mr. McCAIN. So I ask unanimous consent that Senator Merkley be recognized after the Senator from South Carolina speaks for a couple minutes.

Mr. McCAIN. I thank the Senator from Oregon.

Mr. McCAIN. Mr. President, what is the pending business before the Senate?

Mr. McCAIN. Is not the Paul amendment the pending business?

Mr. McCAIN. The Merkley amendment is pending. Mr. President, I ask unanimous consent that the Paul amendment be the--

Mr. McCAIN. OK, that the regular order be--

Mr. McCAIN. I thank the Presiding Officer. Amendment No. 1064 I would just like to say a couple words about the Paul amendment. I would just like to point out, we will still have 16,500 Americans in Iraq for an extended period of time. Now, whether they should be there is the subject of another debate on another day. But to then not be able to do whatever is necessary to protect the lives and safety of those men and women who will continue to serve the country, sometimes in variously difficult circumstances--I think this amendment is unwarranted. Finally, I would like to ask my colleagues who have further views on the detainee issue if they would come over and add their voices to the debate and discussion because we would like to dispose of this amendment. I respect the desire of the Senator from Illinois that everybody be allowed to speak. We have been now speaking on this single amendment for, I believe, well over 3 hours. So if there is further discussion on the Udall amendment, I would very much like to have a vote on it so we can bring other important issues before the body. Mr. President, I yield the floor.

Mr. McCAIN

Mr. McCAIN. Mr. President, I understand we have a couple of amendments already from Senator Cardin, No. 1073 and 1188.

Mr. McCAIN. We should momentarily.

Mr. McCAIN. Mr. President, I move to reconsider the vote.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that my legislative fellow, Navy LCDR Joe Ruzicka, be granted floor privileges for the duration of debate on the 2012 National Defense Authorization Act.

Mr. McCAIN

Mr. McCAIN. Does Senator Barrasso believe or could he tell us, perhaps, the effects on the cost of health care since passage of this legislation and perhaps what we need to do to really fix health care in America, which we all agree needs to be fixed?

Mr. McCAIN. Mr. President, what is the parliamentary situation?

Mr. McCAIN. That is the pending business before the Senate?

Mr. McCAIN. Is there any unanimous consent on speakers?

Mr. McCAIN. Mr. President, I will continue to discuss the pending amendment before the Senate, and I would yield such time, without yielding the floor, as the Senator from Tennessee may use.

Mr. McCAIN. I thank the Senator from Tennessee, and he also has been one who is more than willing to take on the tough challenges and issues we face, with a commitment to a bipartisanship that I think we all need. I thank the Senator from Tennessee. (Mrs. HAGAN assumed the chair.)