Washington, D.C. - U.S. Senators John McCain (R-AZ), Jon Kyl (R-AZ), Lindsey Graham (R-SC) and Kelly Ayotte (R-NH) today released the following statement regarding an amendment, to be voted on tomorrow, offered by Representative Adam Smith, Ranking Member of the House Armed Services Committee, to H.R. 4310, the House version of the Fiscal Year 2013 National Defense Authorization Act:
Section 1021 of the Fiscal Year 2012 National Defense Authorization Act provides the President with maximum flexibility to determine how to deal with detainees through either detention without trial under the law of war, trial by military commission, transfer to another country, or trial by another court of jurisdiction. The law specifically grants the President the authority to make this determination â€“ authority Representative Smithâ€™s amendment would take away. Moreover, Section 1022 of the Act creates a presumption of military custody for these detainees, who are neither U.S. citizens nor lawful permanent residents.