September 28, 2006 is a turning point, a day that will live in infamy. The U.S.A. is no longer the U.S.A. We have given up the moral high ground. We have stated that we are no better than the insane terrorists around the world.

Excerpts from two key speeches, full texts here.

Obama:

I may have only been in this body for a short while, but I am not naive to the political considerations that go along with many of the decisions we make here. I realize that soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats to people who care more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.

And yet, while I know all of this, I’m still disappointed, and I’m still ashamed. Because what we’re doing here today – a debate over the fundamental human rights of the accused – should be bigger than politics. This is serious.
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In the five years that the President’s system of military tribunals has existed, not one terrorist has been tried. Not one has been convicted. Not one has been brought to justice. And in the end, the Supreme Court of the United found the whole thing unconstitutional, which is why we’re here today.
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But politics won today. Politics won. The Administration got its vote, and now it will have its victory lap, and now they will be able to go out on the campaign trail and tell the American people that they were the ones who were tough on the terrorists.

And yet, we have a bill that gives the terrorist mastermind of 9/11 his day in court, but not the innocent people we may have accidentally rounded up and mistaken for terrorists – people who may stay in prison for the rest of their lives.

And yet, we have a report authored by sixteen of our own government’s intelligence agencies, a previous draft of which described, and I quote, “…actions by the United States government that were determined to have stoked the jihad movement, like the indefinite detention of prisoners at Guantanamo Bay…”

And yet, we have Al Qaeda and the Taliban regrouping in Afghanistan while we look the other way. We have a war in Iraq that our own government’s intelligence says is serving as Al Qaeda’s best recruitment tool. And we have recommendations from the bipartisan 9/11 commission that we still refuse to implement five years after the fact.
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And the sad part about all of this is that this betrayal of American values is unnecessary. We could’ve drafted a bipartisan, well-structured bill that provided adequate due process through the military courts, had an effective review process that would’ve prevented frivolous lawsuits being filed and kept lawyers from clogging our courts, but upheld the basic ideals that have made this country great.

Clinton:

Democrats and Republicans alike believe that terrorists must be caught captured and sentenced. I believe that there can be no mercy for those who perpetrated 9/11 and other crimes against humanity. But in the process of accomplishing that I believe we must hold on to our values and set an example we can point to with pride, not shame. Those captured are going nowhere – they are in jail now – so we should follow the duty given us by the Supreme Court and carefully craft the right piece of legislation to try them. The president acted without authority and it is our duty now to be careful in handing this president just the right amount of authority to get the job done and no more.
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How would General Washington treat these men? The British had already committed atrocities against Americans, including torture. As David Hackett Fischer describes in his Pulitzer Prize winning book, “Washington’s Crossing,” thousands of American prisoners of war were “treated with extreme cruelty by British captors.” There are accounts of injured soldiers who surrendered being murdered instead of quartered. Countless Americans dying in prison hulks in New York harbor. Starvation and other acts of inhumanity perpetrated against Americans confined to churches in New York City.

The light of our ideals shone dimly in those early dark days, years from an end to the conflict, years before our improbable triumph and the birth of our democracy. General Washington wasn’t that far from where the Continental Congress had met and signed the Declaration of Independence. But it’s easy to imagine how far that must have seemed. General Washington announced a decision unique in human history, sending the following order for handling prisoners: “Treat them with humanity, and let them have no reason to complain of our Copying the brutal example of the British Army in their Treatment of our unfortunate brethren.”
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For the safety of our soldiers and the reputation of our nation, it is far more important to take the time to do the job right than to do it quickly and badly. There is no reason other than partisanship for not continuing deliberation to find a solution that works to achieve a true consensus based on American values.
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Mr. President, I would like to submit for the Record letters and statements from former military leaders – including Generals Colin Powell and John Vessey, 9/11 Families, the religious community, retired judges, legal scholars and law professors, all of whom have registered serious concerns with this bill and its provisions.

The bill also makes significant changes to the War Crimes Act. As it is now written, the War Crimes Act makes it a federal crime for any soldier or national of the U.S. to violate, among other things, Common Article 3 of the Geneva Conventions in an armed conflict not of an international character. The administration has voiced concern that Common Article – which prohibits “cruel treatment or torture,” “outrages against human dignity,” and “humiliating and degrading treatment” – sets out an intolerably vague standard on which to base criminal liability, and may expose CIA agents to jail sentences for rough interrogation tactics used in questioning detainees.
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When our nation seeks to lead the world in service to our interests and our values, will we still be able to lead by example?