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Without the process of law. >> and next up is the house version. typically the house has gone even further than the senate on these issues, shep. >> shepard: there are protections for u.s. citizens. how strong? >> well, in the 11th hour compromise says existing law must apply to american citizens or legal residents. >> i want to be able to assure people in the united states that their rights under american law are protected. >> but remember jose pa dea, the u.s. citizen who was picked up in chicago and held by the military without charge? before the supreme court could decide pa dea's case, he...

Or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon. back to "hardball." now for the side show. we've got a doozy tonight. first up, scuffle on the floor. what led to a little senate floor spat yesterday between arizona senator john mccain and new yorker chuck schumer? well, it was a debate over a defense bill that would ultimately allow terrorism suspects to be detained indefinitely on u.s. soil. mccain argued that the supreme court had already addressed the issue in a previous case. but listen here for the dig by mccain at schumer's b...

Suspects to be detained indefinitely on u.s. soil. mccain argued that the supreme court had already addressed the issue in a previous case. but listen here for the dig by mccain at schumer's backyard. s timplgts isn't it true that justice o'connor was specifically referring to a case of a person who was captured on long island? last i checked, long island was part, albeit, sometimes regrettably, part of the united states of america. >> well, the senator from new york raced then to his battle station. "all of america saw how heroic long islanders were on 9/11," schumer tweeted. "long island des...

Ultimately allow terrorism suspects to be detained indefinitely on u.s. soil. mccain argued that the supreme court had already addressed the issue in a previous case. but listen here for the dig by mccain at schumer's backyard. >> is it true that justice o'connor was specifically referring to a case of a person who was captured on long island? last i checked, long island was part,ç albeit, sometimes regrettably, part of the united states of america. >> well, the senator from new york raced then to his battle station. "all of america saw how heroic long islanders were on 9/11," schumer tweete...

Supported it later. does that mean anything to you? >> he has in some respects retreated from those positions he took early on in the first weeks of his administration. guantanamo is still open, still have military commissions for trying terrorism suspects and so forth. you have to give him credit for the operation to get bin laden. there was a lot of work that went that that. professionals in the intelligence and military community had done tremendous work for 10 years. >> sean: we have to be clear. would that have happened but for inlanced inter-- enhanced interrogation, rendition, black sit...