Lying To SCOTUS — Not A Good Idea

Ken AshfordCongress, Courts/Law, Supreme Court, War on Terrorism/TortureLeave a Comment

The full story is here; I’ll just give the funny bits.

Today, the Supreme Court is scheduled to hear the case of Rumsfled v. Hamdan.  At issue in the case is whether a provision in last year’s Detainee Treatment Act ("DTA") effectively strips the Court of jurisdiction to hear Hamdan’s case.  The Government contends that it does.

In support of the government’s position, Republican Senators Lindsey Graham (R-SC) and John Kyl (R-AZ) have filed an amicus brief with the Court.  In their brief, they say that it was Congress’ intent to strip the court of jurisdiction.

Their "evidence"?  An eight-page colloquy between Graham and Kyl discussing this very thing.

Here’s where it gets amusing.  The colloquy reads like a typical exchange on the Senate floor, complete with lines like "Mr. President, I see that we are nearing the end of our allotted time…" and interjections like "If I might interrupt…".   The problem is . . . it never happened.  It was totally scripted and inserted into the Congressional Record.

Now, as C-SPAN viewers know, it is a common and accepted practice for Members of Congress to "revise and extend" their remarks made on the chamber floors.  And that’s fine.  But to make a fictional conversation that never took place?