Rand Paul versus John McCain on the Terrorist Detainee Amendment

Senator Rand Paul has come out swinging against the bill that would define the whole of the United States as a “battlefield” and allow the U.S. Military to arrest American citizens in their own back yard without charge or trial.

Rand and John McCain battled on the Senate floor today over a proposed amendment to the pending defense authorization bill.

Rand argued the amendment, which is cosponsored by McCain, "puts every single American citizen at risk" and suggested that if the amendment passes, "the terrorists have won."

“Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well then the terrorists have won," he argued, "[D]etaining American citizens without a court trial is not American."

McCain responded by saying that

An 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. We need to take every stop necessary to prevent that from happening, that’s for the safety and security of the men and women who are out there risking their lives ... in our armed services.

The amendment would technically allow the executive branch discretion on whether a terrorism suspect ought to be tried in civilian courts or the military tribunal system and would allow and arrest without charge.