Joe Biden

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 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 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 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 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 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 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 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__