*This transcript was compiled form the uncorrected Closed Captioning.

Sen Graham asks about Military Tribunals (excerpt)

SEPTEMBER 5, 2018 | CLIP OF SUPREME COURT NOMINEE BRETT KAVANAUGH CONFIRMATION

HEARING, DAY 2, PART 1

https://www.c-span.org/video/?c4752677/sen-graham-asks-military-tribunals

LAW IN WAR. IS THERE A BODY OF LAW CALLED THE LAW OF ARMED CONFLICT? >>
THERE IS SUCH A BODY, SENATOR. >> IS THERE A BODY OF LAW THAT'S
CALLED BASIC CRIMINAL LAW? >> YES, SIR. >> ARE THERE DIFFERENCES BETWEEN
THOSE TWO BODIES OF LAW? >> YES, SENATOR. >> FROM AN AMERICAN CITIZEN'S
POINT OF VIEW, DO YOUR CONSTITUTIONAL RIGHTS FOLLOW YOU? IF YOU'RE IN
PARIS, DOES THE FOURTH AMENDMENT PROTECT YOU AS AN AMERICAN FROM
YOUR OWN GOVERNMENT? >> FROM YOUR OWN GOVERNMENT, YES. >> OKAY. SO IF
YOU'RE IN AFGHANISTAN, DO YOUR CONSTITUTIONAL RIGHTS PROTECT YOU
AGAINST YOUR OWN GOVERNMENT? >> IF YOU'RE AN AMERICAN IN AFGHANISTAN,
YOU HAVE CONSTITUTIONAL RIGHTS AS AGAINST THE U.S. GOVERNMENT. THAT'S
LONG SETTLED LAW. >> ISN'T THERE ALSO A LONG SETTLED LAW THAT GOES BACK
TO THE EISENTRAGER CASE -- I CAN'T REMEMBER THE NAME OF IT. THAT THEY CAN
CONSIDER AN ENEMY OF COMBATANTS? >> THEY CAN BE. UNDER SUPREME COURT
DECISIONS. >> THERE WAS A SUPREME COURT DECISION THAT SAID THE NUMBER
OF AMERICAN CITIZENS THAT WERE TRIED BY NAZIS WERE TRIED, WERE THEY NOT?
>> THAT'S CORRECT. >> I THINK A COUPLE WERE EXECUTED. >> YEAH. >> SO IF
ANYBODY DOUBTS THERE IS A LONGSTANDING HISTORY IN THIS COUNTRY THAT
YOUR CONSTITUTIONAL RIGHTS FOLLOW YOU WHEREVER YOU GO, BUT YOU DON'T
HAVE A CONSTITUTIONAL RIGHT TO TURN ON YOUR OWN GOVERNMENT AND
COLLABORATE WITH THE ENEMY OF THE NATION. YOU'LL BE TREATED DIFFERENTLY.
WHAT'S THE NAME OF A CASE, IF YOU CAN RECALL, THAT GOES AGAINST THE
CONCEPT THAT YOU CAN HOLD ONE OF YOUR OWN AS AN ENEMY COMBATANT? >>
YES. HOMBE. >> SO YOU HAVE CONSTITUTIONAL RIGHTS BUT YOU DON'T HAVE A
CONSTITUTIONAL RIGHT THAT CAN ELABORATE WITH THE ENEMY. THERE IS A BODY
OF LAW WELL DEVELOPED BEFORE 9/11 THAT UNDERSTOOD THE DIFFERENCE
BETWEEN BASIC CRIMINAL LAW AND THE LAW OF ARMED CONFLICT. DO YOU
UNDERSTAND