Thursday, September 28, 2006

5:40 Kennedy Amendment Not Agreed To The Kennedy interrogation amendment failed by a roll call vote of 46-53. 5:39:47 PM

5:15 Byrd Amendment Not Agreed To The Byrd sunset provision amendment failed by a roll call vote of 47-52. 5:16:12 PM

4:40 Rockefeller Amendment Not Agreed To The Rockefeller amendment #5095 to S. 3930, the Military Commissions bill, failed by a roll call vote of 46-53. 4:53:08 PM

2:25 Senator Warner Speaks Against the Byrd Amendment Senator Warner, the Armed Services Committee chair, spoke against the Byrd amendment #5104 to the Military Commissions bill.  He argued that the president must have maximum flexibility as to how he deals with the threat of terrorists.  Senator Warner stated that the President must fight terrorism with every single tool at his disposal as long as it is consistent with the law, and that a sunset date for the authority to hold military commissions is not in the best interest of the country at this time. 3:25:08 PM

2:05 Senator Byrd Introduces an Amendment to the Military Commissions Bill Senator Byrd of West Virginia came to the floor to offer an amendment to the Military Commissions bill.  This amendment would require a 5 year sunset on any presidential military commissions enacted under this bill.  He explained that this amendment would ensure that Congress retains its power of oversight, and that it acts as a check on Executive power.  He stated his concern that some members of the Senate were trying to push the Military Commissions bill through hastily in an effort to get home to campaign.  Senator Byrd warned that while passing this legislation may be in the interest of some of those facing reelection, it would be unwise to vote on this bill without adequate discussion.  2:20:31 PM

1:25 Senator Kennedy Introduces and Amendment to the Military Commissions Bill Senator Kennedy came to the floor to introduce amendment #5088 to the Military Commissions bill.  This amendment would outlaw interrogation techniques that are prohibited by the Department of Defense, such as beating, electrical shocks, induced hypothermia and so-called water boarding.  He argued that by barring U.S. troops from using torture as an interrogation technique, American military personnel will be less likely to be tortured themselves.  Senator Clinton also spoke in favor of this amendment. 1:58:04 PM

12:25 Senate Considers the Rockefeller Amendment Senators came to the floor to debate the Rockefeller amendment #5095 to the Military Commissions bill.  The Rockefeller amendment would require Congressional oversight of the CIA’s detention and interrogation program.  Senator Rockefeller of West Virginia argued that the Congress has a right to understand the intelligence activities that it authorizes and funds.  Senator Kerry of West Virginia spoke in agreement with Senator Rockefeller, arguing that the underlying bill would allow the President to interpret the Geneva Conventions as allowing torture.  Senator Bond countered that the Rockefeller amendment is unnecessary, as the Select Committee on Intelligence already provides Congressional oversight of intelligence programs.  Senator Domenici also objected to this amendment; he argued that it would prevent the CIA from protecting Americans by rendering their interrogation programs ineffective. 1:02:52 PM

12:20 Specter Amendment Not Agreed To The Specter Amendment #5087 to the Military Commissions bill failed by a roll call vote of 48-51. 12:21:17 PM

10:50 Senators Speak Against the Specter Amendment Senator Sessions of Alabama came to the floor to argue against the Specter amendment #5087 to the Military Commissions bill.  He argued that the right of habeas corpus was only meant to apply to U.S. citizens, and not prisoners of war or military combatants.  He stated that the U.S. already provides special rights to lawful combatants who are held as prisoners of war; however, the Military Commissions bill applies to suspected unlawful combatants such as those held at Guantanamo Bay.  He argued that unlawful combatants have never been given the full protections of the Geneva conventions, and thus there is no precedent for allowing habeas rights.  Senator Sessions added that he does not want to create a long-term battle with the courts over detainees because in a time of war, the military and the Executive branch should make such decisions.  Senator Cornyn of Texas argued that the Detainee Treatment Act, passed in December of 2005, already provides sufficient rights to detainees, and that the Specter amendment would give detainees additional rights and privileges beyond what the Constitution allows.  Senator Cornyn said that he fears that this legislation would allow terrorists to sue U.S. troops in U.S. courts over their detainment and treatment.  Senators Kit Bond of Missouri and Lindsey Graham of South Carolina also spoke against the Specter amendment.  They both argued that giving detainees habeas rights hampers the fight against terror and impedes the war effort.  Senator Graham added that the Military Commissions bill is moral and humane as it is, without the Specter amendment. 11:50:25 AM

10:25 Senator Leahy Speaks about the Specter Amendment Senator Leahy came to the floor to argue in favor of the Specter amendment #5087 to the Military Commissions bill.  He stated that he is concerned that section 7 of this bill will violate the rights of lawful permanent residents of the U.S.  He also stated that this bill would broaden the traditional notion of enemy combatants so that lawful permanent residents who are suspected of terrorist ties could be detained indefinitely without habeas rights.  Senator Leahy is concerned that this bill would not just apply to combatants at Guantanamo Bay, but that it would also apply to aliens within the U.S.  He argued that habeas corpus doesn’t give anybody extra rights; it simply allows people to ask for their basic freedoms.  He argued that because this bill denies people their basic rights, it is unconstitutional and un-American.  To read a copy of Senator Leahy’s prepared remarks go to: http://leahy.senate.gov/press/200609/092806.html. 11:05:37 AM

9:50 Senators Speak in Favor of the Specter Amendment Senator Byron Dorgan of North Dakota came to the floor to speak about the Specter amendment #5087 to S. 3930, the Military Commissions bill.  The Specter amendment would strike a provision from this bill that bars U.S. courts from considering habeas corpus filings by detainees.  He compared detainees in Guantanamo Bay, and other U.S.-detained enemy combatants, to the Japanese Americans that were interned in camps during WWII.  He stated that the Japanese Americans in internment camps were allowed the right of habeas corpus, which allowed them to challenge their detainment, and that this is a right that detainees should have as well.  He stated that the U.S. is different from other countries because in this country people can’t be detained indefinitely or held without charges, a trial, or the right to go to court.  He argued that not allowing suspected enemy combatants habeas corpus review violates this right.  Senator Dorgan argued that we should care about how we treat non-citizens because this sets the precedent for how American citizens are treated overseas.  Senator Dodd also spoke in support of this amendment.  He argued that the U.S. has forgotten the lessons learned in WWII.  He stated that, at the end of the war, many world leaders wanted Nazi leaders to be executed.  However, the rule of law prevailed and the Nuremberg trials were held.  He compared the Military Commissions bill to those who wanted to execute the Nazis without giving them a fair trial. 11:04:44 AM

9:30 Senate Reconvenes The Senate reconvened at 9:30 this morning and will be in morning business for the first half hour, equally divided between the Majority and Minority.  Following this, the Senate will resume consideration of s3930, the Military Commissions bill.  There are several amendments waiting to be introduced to this bill.  Senator Frist said that later today, after the amendments are debated, the Senate will vote on the Military Commissions bill.  After this vote the Senate will then continue debate on the Secure Fence bill.  There will be votes throughout the day and evening. 9:41:29 AM