- Highlights
- Full Text
[0:16] ..." not a military tribunal be more appropriate means. Witnesses warning from the United States senate where he's on the Judiciary Committee the Senate minority whip. -- Jon Kyle and as senator. There is precedence obviously for both sorts of who have forms of"...
[1:14] ..." was a situation which one of these terrorists. Somebody suspect appeared the United States not on the battlefield that was actually tried and in court here. So yes they're -- both -- but I heard no good reason expression by the attorney general yesterday of why. He chose the form of the so called article three courts to civilian courts. As opposed to military commissions"...
[2:03] ..." why it was. And a maddening yesterday to try to get the attorney general to explain what the reason was why. He -- several stay upset that. One of which was that it would be easier to obtain a prosecution in the article three courts. I challenged him on that indicating that Khalid Sheikh Mohammed had already. Expressed a desire in the military commissions. To confessed to the crime can be sentenced to death. And how could possibly get any easier than -- Well the attorney general said he wasn't sure that he still felt that way. Or whether -- does or not that should be a factor that"...
[3:46] ..." John -- Arizona senator and the minority whip in the United States senate let me switch gears here and ask you about your democratic colleagues. Health care overhaul plan introduced by the majority leader senator Reid last night based on what you've seen of it we thank."...
[4:20] ..." probably still objectionable. I would caution people that these estimates from the Congressional Budget Office I -- poll. Or simply preliminary estimates and there for one -- way to at least get the exact cost. Before judging"...
[0:00]" Should Khalid Sheikh Mohammed the self confessed mastermind of 9/11. Get the benefit every civilian trial war. As someone who was arrested and detained by the military and that military operatives who were signed the CIA. Who would not a military tribunal be more appropriate means. Witnesses warning from the United States senate where he's on the Judiciary Committee the Senate minority whip. -- Jon Kyle and as senator. There is precedence obviously for both sorts of who have forms of jurisprudence for terrorists in this country."
[0:35]" Yes but the that long term precedent. Is for military commissions to be the forum. It matters to be any kind of trial ordinarily. Prisoners of war are not tried they are simply detained until the end of the conflict. But it certainly very high profile cases you had military commissions like in Nuremburg trials for example. Or the occasion of the -- German submarine or shoe were landed on the short and Long Island -- captured quickly and they were try to put to death. These were -- in military commissions -- these. Tradition in this country in and around the world. And it is only recently that there was a situation which one of these terrorists. Somebody suspect appeared the United States not on the battlefield that was actually tried and in court here. So yes they're -- both -- but I heard no good reason expression by the attorney general yesterday of why. He chose the form of the so called article three courts to civilian courts. As opposed to military commissions where many of the terrorists will."
[1:37]" And the burden of proof is higher in the civilian courts different types of evidence disallowed. In civilian courts are accepted. Under the uniform code of military justice are you afraid that if the government goes ahead with this and a Khalid Sheikh Mohammed is tried in civilian court and -- probably little that can be done to to stop the administration in that regard that he might get off the hook."
[2:01]" It's possible and is this is why it was. And a maddening yesterday to try to get the attorney general to explain what the reason was why. He -- several stay upset that. One of which was that it would be easier to obtain a prosecution in the article three courts. I challenged him on that indicating that Khalid Sheikh Mohammed had already. Expressed a desire in the military commissions. To confessed to the crime can be sentenced to death. And how could possibly get any easier than -- Well the attorney general said he wasn't sure that he still felt that way. Or whether -- does or not that should be a factor that would mitigate toward the military commissions since -- clearly expressed that once there and it should note it is easier. Because of the way the evidence is handled them -- for other factors. Both handled a case in military commissions and to -- conviction."
[2:54]" One legal analyst senator Carl told us that whatever form this takes this would perhaps be. The biggest trial in American history certainly in contemporary American history. And yet federal courts are closed to cameras would you be in favor of this being shown on television."
[3:13]" For column out of favor that generally but certainly not an -- like this where it would simply. Offer the opportunity to a terrorist to use his trial as the propaganda based to recruit other terrorists. You couldn't totally shut him up I mean you can. You can prevent outbursts and that sort of that mr. George has that ability but. Has their times especially since he wants to apparently be his own council when he simply allowed to speak. And I see no purpose to be served by that and certainly a big downside if you -- to do so."
[3:46]" John -- Arizona senator and the minority whip in the United States senate let me switch gears here and ask you about your democratic colleagues. Health care overhaul plan introduced by the majority leader senator Reid last night based on what you've seen of it we thank."
[4:02]" How well it was released sometime around. 6 or 7 o'clock and by then I was -- prevention and eventually homes or have not read it. I would imagine that it is an amalgam of the various provisions that were in the bills in the US senate. And therefore that the things which were objectionable to begin with are probably still objectionable. I would caution people that these estimates from the Congressional Budget Office I -- poll. Or simply preliminary estimates and there for one -- way to at least get the exact cost. Before judging that -- but will start the process of Reading today. And I would just hope that there would be sufficient arm before were asked. To vote on this the there would be senators on the democratic side letter to Harry Reid. Asking mr. BS 72 hour period with these finals CBO score and final legislative language. Between the time that they -- from the time they had to vote. So that would mean devote some time. I guess Saturday night. And I would hope that we at least that much."
[5:07]" But it is a practical matter I mean how could you possibly read any senator. Or staffer read understand digests and analyze a bill that long in that short period of time."
[5:17]" It's very difficult. There will be a lot of new things in this legislation even north it is an amalgam of some passed that legislation is well. We do have to read through the way it's done. No senators sits down and reached the big covered coverage stared at the various staffs divide up different parts of it. Attacks staff for example will look at tax title and other staff a look at other features of the and they do their own analysis they share with each other and write it up and memos we ban are briefed we've read parts of what we've read the -- of course go to the parts that are most understood that to us and and that way you do you have a pretty good understanding because there will be literally thousands of by his looking mystical."
[5:59]" If it does they get posted for a vote would you support the use of the filibuster to delay in."
[6:04]" Well certainly I will. Support adequate time to look at it and in any event piece of legislation this. Far reaching will require sixty votes. Both for the adoption of any amendments and other significant and the on the motion to proceed to the bill as well as to get off of the bill would have performed perhaps."
[6:26]" Arizona senator John -- the US senate minority whip. As always a pleasure senator. Daycare."













