In a brief on the Hamdan case before the Supreme Court, Senators Lindsey Graham (R-S.C.) and Jon Kyl (R-Ariz.) argue that a a bill passed last December invalidates Hamdan’s suit. They cite their own remarks in the Congressional Record during the debate on the Detainee Treatment Act as “legislative history” that must be considered when interpreting the bill.
The problem? They made no such remarks at the time, and inserted them only after the debate had concluded. Moreover, they insinuate in their brief that the comments must have been live, as there is no indication to the contrary in the Congressional Record. And if that’s not enough deceit for you, then take this from Emily Bazelon:
- The colloquy is even scripted to sound live. “Mr. President, I see that we are nearing the end of our allotted time,” Kyl says at one point. At another, Sen. Sam Brownback, R-Kan., appears to interject a question. “If I might interrupt,” he begins.
I called Brownback’s office to ask if he’d given this testimony live on the Senate floor. “Yes, it was live,” an aide told me. I said that I’d been told otherwise by Senate staffers and mentioned the C-SPAN tape. “Let me call you back,” the aide said. She never did. Nor did Kyl or Graham’s press reps.
Would you buy a used car from these people? How about entrust them with your liberty and security?