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House upholds indefinite detention of terror suspects

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    Defeats plan to stop the practice

  • Duration 4:08
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This transcript is automatically generated

It -- folks at Fox News alert for you on some big news that has just happened on the floor of the House of Representatives.

Lawmakers there have defeated.

A controversial amendment that would have stripped the federal government of its power to indefinitely detain terror suspects who are captured here on US soil out.

Former US attorney general Michael -- Khazei fought against this amendment he spoke to us here in America's Newsroom yesterday about it.

He says that it would have -- rewarded terrorists here he is talking about yesterday our south.

This would.

Require that anybody taken into custody in the United States would automatically get Miranda warnings be brought into the civilian system.

No question at all for intelligence know.

Turning over to the military eventually knows it designation as unlawful on the make an enemy combatant.

Charles Sculley stimson was against this amendment as well he's a former deputy assistant secretary of defense for detainee is.

Tons of experience on this subject -- welcome good to have you here.

And Martha good morning so is it accurate to say that -- the terrorists was caught on US -- about this example yesterday with that with the judge.

Trying to you know explode a dirty bomb over -- -- American city.

That they would be taken into custody by the police and not by the military.

Well some law enforcement whether it's federal or state but -- they would go into the federal criminal system.

There would be no option for the government to treat them as an enemy combatant even for a short period of time and lawfully interrogate them so it was -- -- go directly to federal court no enemy combatant.

What it now it's been shot down in the house and I.

Look there's there's there's -- there's a big debate going on Martha and finally congress is engaged in the debate with the executive branch and and within themselves.

In the debate has on one side folks who think that any terrorist caught United States whether -- citizen or not.

Must be.

Mandatory early sent in to military custody period you can't -- a federal court then there's the Smith a -- crowd which just got defeated which says none none and and and and and now.

You cannot put them in military custody -- to have to go directly to federal court.

And both sides in essence are constraining the commander in chief whether it's Obama or anyone else in the future.

By saying what they have to do when in fact.

Under the constitution and the laws of war and under our domestic criminal statute the president has the authority to do both.

Now we know Obama's gonna send them to federal court if they're caught her anyway but that's not the point the point is the government.

The president become energy needs the flexibility to decide on a case by case basis where to put them.

The -- we had asked congressman at his victim come talked to us today and he wanted to but they were literally in the middle of that vote.

When we were expecting to happen so I do -- -- play a little bit of of his sound so we hear his side of the story.

From the floor of the house let's listen to that.

Hands down.

The -- a set of arguments I've ever heard in debating it's been circulating that somehow.

Taking the way this each ordinary power from the president rewards terrorists I would like to remind everybody in particular.

Tea Party conservatives.

Didn't just because the government arrests -- doesn't mean your guilty.

Under their think -- basically once the government says you're a terrorist you're terrorist.

I think.

-- -- -- It wrong judgment case he's right.

Out of government isn't saying if they arrest a year terrorists -- mean he not that congress we must not be paid attention to that.

Vibrant legislate and litigation that's going on here in the District of Columbia Circuit Court.

Through behaving -- process from Guantanamo the government has to meet certain standards has to put forward proof.

And quite frankly that they they universe of people were talking about potentially is zero.

How are only talking about the flexibility to potentially use the power on a case by case basis of the congressman's just.

Dead wrong well that has been shut down this morning in the house representatives Kelli thank you very much -- natural that at a thanks.

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