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Under the provisions would it be possible that an American citizen.
Then could be declared an enemy combatant and sent to Guantanamo Bay and detained indefinitely.
That's -- -- as long as that individual.
No matter who they are if they pose a threat to the security of the United States of America should not be allowed to continue that threat.
To continue that threat I'm infuriated by senator McCain's nonsensical and unconstitutional.
I'm sure our next guest -- to senator Rand Paul was questioning Senator McCain.
On our top story tonight.
A bill written in secret by Senator McCain and senator Carl Levin that would give the US military and -- civilian law enforcement agencies.
The ability to arrest anyone and hold that person and definitely.
Even if that person is an American -- arrested on American soil.
Here to discuss this frustrating about that is Kentucky Republican senator Rand Paul.
It be before we get into the politics of who voted for it and who voted against -- what what's your take.
And what's going on here I mean everybody in the senate took an oath to uphold the constitution.
Which says no person.
The things they -- American says no person shall be denied.
Life liberty or property without due process of -- here they go ahead and vote for legislation that denies it.
You know we had a discussion about this among some Republicans at launch and one other Republican senator read from the constitution and pointed out.
All the places where you are guaranteed a trial by jury.
Why you're guaranteed.
Speedy trial while you're guaranteed.
-- is corpus you're guaranteed all these rights and it does strike me as perplexing that anyone could vote to send an American citizen who's been accused of a crime.
To a detention center and a foreign -- and without due process really is beyond name.
What without asking you to share around confidential conversations.
What justification that these people give to this they all talk and talk about your fellow Republicans I think only senator Kirk.
From Illinois joined you even -- -- Voted for this and a shocking development which.
He and I will discuss another -- but what what what are Republicans trying to accomplish.
When they defy -- the constitution which they took an oath to a -- -- here's what most of.
-- argued most of them argue that Tom dean and -- and two Supreme Court cases have justified holding US citizens as enemy combatants.
They also argue that that the I guess my point is is that I agreed with Scalia.
Who is the descent and on the case and -- said.
That really hot treason has been tried in our courts usually and it is the exception to ever give up our rights it's happened during war.
But my point about this is this is a war without end.
I'm afraid of giving up the right to trial by jury and hoping that someday they would declare an end of this war and they'll get back the right to trial by jury it really concerns.
And it was very interesting how people can twist and torture language.
-- was a case lost by the Bush Administration.
Which justice O'Connor said everybody's entitled to a trial and -- and was a case lost by about Franklin Delano Roosevelt administration.
Which said even a German -- or was born in the United States of America was captured tried them.
Blowup munitions plants during World War II was entitled to -- trial but here you have colleagues -- -- I know this isn't the law yet.
The vote earlier today was on a procedural amendment which indicates how this is likely to turn up colleagues of yours who can read the constitution as you do basically throwing up their arms and saying.
Well since -- presidents before Obama have gotten away with this we might as well righted -- the law and let him and successors do so lawfully what the other presidents took a chance undoing.
Well there -- other argument is that there will be one procedural hurdle on the procedural hurdle is that there will be -- -- BS.
Or you have to present the body that judge passage rule on whether or not.
The person can be held.
But my argument to them was that to me is the beginning of due process that's not the end of the process to have a -- -- hearing before a judge to see if you can hold a prisoner.
Is the beginning of due process but that's not all of due process due process involves a jury trial -- judge.
Legal help on both sides of the equation and a conclusion.
Is much more than just -- Haiti is hearing -- what they claim that having a baby is hearing is enough.
But the problem is is that you hold somebody after one hearing you can hold them indefinitely.
Their argument also is they say well 27%.
Of the prisoners we've released from Guantanamo.
Went back into combat.
The -- funds to them was.
Those 27% that were released weren't released because of due process.
They were released because some generals and administration decided to let them go it had nothing to do with due process and -- active process we've convicted several people.
In the United States that -- due process who were terrorists.
Interesting I wonder how the American people feel when they see troops in the streets on a regular basis something no one now living has seen since it ended.
The last time an 1876.
Senator Paul it's a pleasure -- won't even when we discuss these unpleasant matters thanks for joining us.