sinc befor our found __PUNCT__ the unit state ha been set apart by it uncompromis commit to the rule of law and individu right and civil liberti __PUNCT__
the valu embodi in our constitut govern have been the pole star by which the world ha set it moral compass __PUNCT__
thei have given us the moral author to lead our alli __PUNCT__ and to defeat fascism and commun __PUNCT__
in the aftermath of __DATE__ as the world mourn with us __PUNCT__ we had an opportun to lead again __PUNCT__
the world look to us to form a new coalit to face the threat of intern terror and defend the veri valu the terrorist had attack __PUNCT__
regrett __PUNCT__ the bush administr saw it differ __PUNCT__
the presid accept a faustian bargain __PUNCT__
he abandon our uncompromis commit to the rule of law and individu right in the belief that it wa the onli wai to secur the unit state against the threat of terror __PUNCT__
my firm belief and absolut convict is that thi faustian bargain ha had the iron effect of make us less safe __PUNCT__ not more safe __PUNCT__ embolden terrorist __PUNCT__ not dissuad them __PUNCT__ and diminish us in the ey of our friend and alli __PUNCT__
as i said on __DATE__ 11the terrorist win when we abandon our civil liberti __PUNCT__
we need not chang our nation charact in order to defeat terror __PUNCT__
as a matter of fact __PUNCT__ we ar alreadi defeat by the terrorist if we chang our charact __PUNCT__
as a young senat in __NUM__ i rememb hear richard nixon __PUNCT__ who had resign in disgrac less than three year earlier __PUNCT__ comment on the presid duti to obei the law __PUNCT__
he said __PUNCT__ when the presid doe it that mean that it is not illeg __PUNCT__
hi statement wa breathtak in it disregard for the rule of law and our constitut system of check and balanc __PUNCT__ but i wa convinc that thi wa the onli time in my life i would hear a presid defend hi action on the ground that he wa abov the law __PUNCT__
__NUM__ year later __PUNCT__ here i am onc again with a presid claim that becaus it a time of war our law and tradit do not appli to him __PUNCT__
i will address todai five aspect of hi polici that subvert our constitut principl and make us less safe at home and weaker abroad __PUNCT__ the accept of what amount to tortur __PUNCT__ the practic of extraordinari rendit __PUNCT__ the oper of secret prison __PUNCT__ the unwarr surveil of american __PUNCT__ and the revoc of habea corpu __PUNCT__
i will argu that by redefin what constitut tortur __PUNCT__ redefin intern treati oblig __PUNCT__ and oper secret prison __PUNCT__ he ha squander the support of the world and the opportun to lead it __PUNCT__
and here at home the overli broad definit of inher presidenti power in the time of war ha undermin the basic civil liberti of american citizen __PUNCT__
tortur histor __PUNCT__ the unit state ha advoc outlaw tortur __PUNCT__
we plai a central role in draft the geneva convent and negoti the convent against tortur __PUNCT__
and we have enact domest law to sever punish those who tortur __PUNCT__
and with good reason beyond the obviou moral imper __PUNCT__
our effort to outlaw tortur were design to protect the hundr of thousand of american soldier oversea by give us the moral author to demand that those who ar captur be treat human __PUNCT__
after __DATE__ the presid __PUNCT__ for all intent and purpos __PUNCT__ abandon our histor opposit to tortur __PUNCT__
the sophistri engag in by the justic depart allow hi administr to establish two new pillar of a polici regard tortur __PUNCT__
the first narrow the definit of tortur to conduct that caus seriou physic injuri __PUNCT__ such as organ failur __PUNCT__ impair of bodili function __PUNCT__ or even death __PUNCT__
it creat a wide class of permiss mistreat that though __PUNCT__ it __PUNCT__ might constitut cruel __PUNCT__ inhuman __PUNCT__ or degrad treatment __PUNCT__
fail to rise to the level of tortur __PUNCT__
the second exempt the presid __PUNCT__ as command __PUNCT__ in __PUNCT__ chief __PUNCT__ from these law and allow him to us tortur __PUNCT__ even though illeg __PUNCT__ if he deem it necessari __PUNCT__
embolden by thi analysi __PUNCT__ the presid allow hi administr to engag in practic that the rest of the world regard as tortur but he had defin as permiss __PUNCT__
a solid who recent serv in afghanistan and iraq sent the follow statement to a senat __PUNCT__ some argu that sinc our action ar not as horrifi as al qaeda __PUNCT__ we should not be concern __PUNCT__
when did al qaeda becom ani type of standard by which we measur the moral of the unit state __PUNCT__ we ar america __PUNCT__ and our action should be held to a higher standard __PUNCT__
i would rather die fight than give up even the smallest part of the idea that is america __PUNCT__
the presid polici ha damag america imag __PUNCT__ alien some of our closest partner __PUNCT__ and given signific ammunit to the most extrem terrorist to attract new recruit __PUNCT__
the presid polici ha also led to inexcus blunder __PUNCT__
the administr us inform obtain from detain al qaeda member __PUNCT__ who under coercion __PUNCT__ assert that iraq had train al qaeda oper to make and us weapon of mass destruct __PUNCT__
he cite thi inform repeatedli to justifi take us to war in iraq __PUNCT__
thi inform __PUNCT__ like almost all inform that wa coerc __PUNCT__ wa fals __PUNCT__
the sourc told hi interrog what thei want to hear to stop the coercion __PUNCT__
and as i said earlier __PUNCT__ the presid polici ha provid fodder to al qaeda propagandist and recruit __PUNCT__ who have broadcast imag of the atroc at guantanamo and abu ghraib around the world __PUNCT__
imagin if an american soldier were captur by al qaeda __PUNCT__
now __PUNCT__ what moral author do we have now to demand that thei treat our soldier human __PUNCT__ it time for us to stop thi behavior and compli with our intern treati oblig __PUNCT__
i call upon the presid todai to compli with our domest law and our intern treati oblig __PUNCT__
mr __PUNCT__ presid __PUNCT__ the american peopl and the world have had enough of the equivoc and loop hole on thi subject __PUNCT__
it is time for you to state clearli that we will abid by our intern oblig and our polici will reflect our nation valu __PUNCT__
extraordinari rendit a polici of kidnap a suspect and transport him to a countri that we know to us tortur or secret site for interrog is a practic call extraordinari rendit and histor been an anathema to our nation valu __PUNCT__
and although there is a place in the war on terror for rendit to justic __PUNCT__ where a suspect is sent to anoth countri to face trial __PUNCT__ the us of extraordinari rendit __PUNCT__ or rendit to a countri that we know us tortur __PUNCT__ is out of bound and counterproduct __PUNCT__
as on expert note __PUNCT__ e __PUNCT__ veri countri to which the unit state ha render a terror suspect sinc 9/11 ha been __PUNCT__ recogn by the state depart as __PUNCT__ a persist and egregi violat of human right __PUNCT__
to add insult to injuri __PUNCT__ the presid ha claim that hi author as command __PUNCT__ in __PUNCT__ chief includ the power to order extraordinari rendit and that such an order is not subject to review by our court or oversight by congress __PUNCT__
the presid abus of rendit ha diminish our moral statur and sap popular support for the unit state around the world __PUNCT__ make it difficult to get from foreign partner the cooper and intellig we need to effect fight terror __PUNCT__
shortli after itali indict __NUM__ cia agent for a __NUM__ rendit __PUNCT__ italian citizen took to the street to protest the expans of an american militari base __PUNCT__
a canadian govern commiss censur the unit state and canada ha been retic to share intellig with us ever sinc __PUNCT__
germani issu arrest warrant for __NUM__ cia agent __PUNCT__
and switzerland __PUNCT__ the unit kingdom __PUNCT__ the european union __PUNCT__ and the council of europ ar all investig u. __PUNCT__ rendit within their jurisdict __PUNCT__
there is also strong evid that the administr polici ha strengthen the posit of oppress and anti __PUNCT__ democrat secur servic in countri like syria and egypt __PUNCT__
if our own secur servic engag in extra __PUNCT__ legal kidnap __PUNCT__ detent __PUNCT__ and mistreat __PUNCT__ how can we critic foreign secur servic that us the same tactic to suppress democrat reform __PUNCT__ as presid __PUNCT__ i will stop thi practic __PUNCT__
secret prison some of those render ar not turn over to brutal foreign regim __PUNCT__ but ar held by american secur servic in secret prison or black site __PUNCT__
the presid ha attempt to hide these facil from the american peopl and from the world __PUNCT__
to ensur that hi action were onc again beyond the reach of u. __PUNCT__ law __PUNCT__ the presid ha locat these facil abroad __PUNCT__
legal expert have opin __PUNCT__ howev __PUNCT__ that these prison often violat the law of the countri in which thei ar locat __PUNCT__
and after press coverag ha spark outrag __PUNCT__ the presid ha been forc to close sever of them __PUNCT__
some who have been releas from black site and sever intern human right organ have alleg that the cia us brutal techniqu at these site __PUNCT__ includ waterboard __PUNCT__
what kind of exampl ar we set for the world with such base behavior __PUNCT__ the presid ha guard thi secret prison system so close we still know littl about it __PUNCT__
the presid onli disclos the exist of the black site program after the press broke the stori __PUNCT__
as the exist of these black site __PUNCT__ and the techniqu us in them have becom known __PUNCT__ thei have becom on of al qaeda most effect recruit tool __PUNCT__
accord to unclassifi report on last year nation intellig estim __PUNCT__ the abus that occur at these secret prison and at abu ghraib and guantanamo bai have stoke the jihad movement __PUNCT__
mr __PUNCT__ presid __PUNCT__ the american peopl ar tire of half __PUNCT__ truth __PUNCT__
close the black site that ar a black stain on the name of america __PUNCT__ and close guantanamo and bulldoz abu ghraib to the ground __PUNCT__
warrantless wiretap __PUNCT__ nation secur letter the presid misguid polici of attempt to protect america by violat our fundament notion of constitut govern and individu right and liberti ha not been confin to action abroad __PUNCT__
the presid ha also engag in such practic here at home __PUNCT__ includ hi notori warrantless wiretap program and hi abus of author under the patriot act __PUNCT__
he ha secretli eavesdrop on american without congression author or a judici approv __PUNCT__
we fought the american revolut in part to free ourselv of intrus on our privaci without probabl caus __PUNCT__
the fourth amend guarante freedom from unreason govern search and seizur and permit a judg to issu a warrant onli after find probabl caus __PUNCT__
it stand as a bulwark against arbitrari govern invas of our privaci __PUNCT__ and the presid is bound by iteven as we fight terror __PUNCT__
presid bush appear to have no patienc for the fourth amend and a cavil of american right and liberti __PUNCT__
we wont defeat terror by destroi the bill of right __PUNCT__
in __NUM__ justic brandei warn that other instrument of execut power were but puni instrument of tyranni and oppress when compar with wire tap __PUNCT__
justic holm describ wiretap as a dirti busi __PUNCT__
thei were prescient __PUNCT__
in __NUM__ a senat committe chair by frank church uncov shock civil liberti abus that had occur dure decad of extra __PUNCT__ legal surveil __PUNCT__
to ensur that thi would never happen again __PUNCT__ the church committe recommend reform __PUNCT__
in __NUM__ as a member of the judiciari and intellig committe __PUNCT__ i help fashion the foreign intellig surveil act __PUNCT__ which enact mani of the committe recommend __PUNCT__
nineti __PUNCT__ four colleagu from both side of the aisl vote to pass fisa __PUNCT__
fisa ensur that the presid retain the necessari tool to protect nation secur and collect foreign intellig without violat american civil liberti __PUNCT__
in other word __PUNCT__ we creat a framework for protect nation secur and american privaci __PUNCT__
fisa establish a court that could examin classifi evid and issu wiretap order __PUNCT__
we tailor the standard for fisa wiretap to the nation secur threat __PUNCT__
instead of show probabl caus __PUNCT__ fisa requir the govern to show that the subject of the warrant wa a suspect terrorist or spy __PUNCT__
to ensur nation secur __PUNCT__ we includ except __PUNCT__ on allow the presid to wiretap a terrorist suspect in an emerg prior to obtain a warrant __PUNCT__ as long as he obtain a warrant within __NUM__ hour __PUNCT__ and a second suspend the warrant requir for __NUM__ dai after a congression declar of war __PUNCT__
we also took pain to make clear fisa wa the exclus mean by which the presid could conduct nation secur surveil __PUNCT__ fisa unambigu prohibit all such surveil not author by statut __PUNCT__
i have argu from the begin that the presid could conduct surveil of suspect terrorist while compli with fisa __PUNCT__
he ha chosen instead to ignor fisa clear prohibit on warrantless surveil __PUNCT__ argu that he ha inher constitut author to conduct surveil for nation secur purpos __PUNCT__
by so do __PUNCT__ he ha knowingli and willfulli violat the law and american privaci __PUNCT__ offer the same arrog justif as presid nixon that he is abov the law __PUNCT__
it wa onli after the democrat parti regain control of congress that the administr reluctantli subject it surveil program to fisa court review __PUNCT__
through strong congression oversight __PUNCT__ we need to ensur that the fisa court retain jurisdict over all the presid surveil program __PUNCT__
and folk __PUNCT__ a clear lesson can be drawn from thi elect matter __PUNCT__ the presid ha also abus the author congress gave him under the patriot act to issu nation secur letter __PUNCT__
fbi offici issu these letter without judici review to demand sensit financi __PUNCT__ credit __PUNCT__ phone __PUNCT__ and internet record __PUNCT__
last month __PUNCT__ a congression mandat audit reveal that the fbi ha made frequent error in it us of nation secur letter __PUNCT__ sometim get inform about the wrong peopl and sometim get inform it not entitl to under the statut __PUNCT__
a biden administr would fight terror without destroi the veri valu were fight to preserv __PUNCT__
i would requir a unit state attornei to approv the us of nation secur letter __PUNCT__ to ensur that the govern get the inform it need without sacrif our privaci __PUNCT__
depriv terror detaine of habea corpu continu with hi assault on individu right and liberti in the name of nation secur __PUNCT__ the presid ha also depriv terror detaine of the most cherish right in our constitut system habea corpu __PUNCT__
habea corpu is a latin term __PUNCT__ mean to render the bodi __PUNCT__
it wa conceiv to prevent someon from be lock up erron or illeg __PUNCT__ with no chanc to contest hi imprison __PUNCT__
but let be clear __PUNCT__ it is not a get out of jail free card __PUNCT__
and it will not result in the releas of danger terrorist __PUNCT__
habea corpu is a judici safeguard that predat our constitut democraci __PUNCT__
it wa among british subject chief demand of king john on the field at runnymed in __NUM__ as reflect in the magna carta __PUNCT__
alexand hamilton describ habea corpu in the federalist paper as among the greatest secur to liberti and republican that the constitut contain __PUNCT__
while the framer releg most individu right to subsequ amend in the bill of right __PUNCT__ thei includ habea corpu in the bodi of the constitut itself __PUNCT__
in a war where mani of our detaine were not captur on a battlefield by u. __PUNCT__ forc and were not wear militari uniform __PUNCT__ habea corpu is an indispens safeguard against erron detent __PUNCT__
but perhap most importantli __PUNCT__ habea corpu ensur that if the unit state detain someon __PUNCT__ it doe so with full respect for the constitut and the rule of law __PUNCT__
the presid ha nonetheless strip detaine of thi fundament safeguard __PUNCT__
hi effort to depriv detaine of habea have been repudi three time by a suprem court domin by republican nomine __PUNCT__
but still he persist __PUNCT__
as a result __PUNCT__ nation around the world view guantanamo not as a facil necessit by the war on terror __PUNCT__ but as a symbol of american disregard for the rule of law __PUNCT__
our enemi have us it and abu ghraib to recruit addit terrorist __PUNCT__
these prison have becom symbol of american duplic __PUNCT__ not beacon of american justic onc again __PUNCT__ we should raze abu ghraib __PUNCT__
we should not wait for anoth suprem court decis __PUNCT__
we should immedi move to restor habea and __PUNCT__ as i have said befor __PUNCT__ we should shut guantanamo down __PUNCT__
conclus the presid respond to __DATE__ in an effort to make us safer __PUNCT__ by cut deepli into american most cherish right and liberti and run roughshod over constitut limit on presidenti power __PUNCT__
but as the suprem court recent held __PUNCT__ a state of war is not a blank check for the presid when it come to the right of the nation citizen __PUNCT__
the presid irrespons us of power is inexcus __PUNCT__
it is time for congress to re __PUNCT__ assert our constitut role __PUNCT__ and exercis strict oversight over the presid polici __PUNCT__
it is time to reestablish our moral statur in the world and mend our most import foreign relationship __PUNCT__
it is time to send a clear messag to our citizen __PUNCT__ to our men and women in uniform __PUNCT__ and to peopl around the world __PUNCT__ that we ar a nation of law and not men __PUNCT__
that we do not choos between secur and liberti __PUNCT__ we demand both __PUNCT__
that we neither condon tortur __PUNCT__ nor kidnap peopl and send them to other countri to be tortur __PUNCT__
send thi messag will be the first step toward restor our constitut balanc __PUNCT__ reaffirm our individu right and liberti __PUNCT__ and renew our moral leadership in the world __PUNCT__
