Transcript: Sens. Jim Webb, D-Va., and Jon Kyl, R-Ariz.

WEBB: If I said charged in the American judicial system, I would mean under the traditions of the rules of evidence and these sorts of things. But my view has always been that we need to move these people forward.

We need to find those people who should be held accountable and hold them accountable. And people who have been held inappropriately should be released.

But I don't believe that the situation with people in Guantanamo, as opposed to others who have conducted activities in the United States are the same. I think that the people who have been held in Guantanamo are being charged essentially for acts of international terror, for acts of war, and they don't belong in judicial system, and they don't belong in our jails.

STEPHANOPOULOS: This is what the commissions...

WEBB: And I don't believe -- I do, I do. But with this caveat, we need commissions like this because there are issues of evidence that you cannot take care of inside the regular American court system, classified information that might have an impact on how we collect intelligence and those sorts of things.

And there are facilities built in Guantanamo right now that are able to do that.

STEPHANOPOULOS: Agreement here?

KYL: Yes. I agree. There are some people that you try, very few, some more that you try in the military commissions, and we've always had military commissions of one kind or another.

Some that you can't because of the evidence and other factors try, and if they are the equivalent of prisoners of war, in this case, enemy combatants, you can hold them until the end of the war that you're in.

And then, of course, there are those who, on an annual review, you decide can be released. Unfortunately a lot of those that we have released because we thought they no longer posed a danger, have come back to the battlefield and have fought us.

But the president has made some changes in the military commissions to give these people some additional rights, and perhaps that helps to balance the situation. Congress, after all, passed the Military Commissions Act.

This would liberalize it to some extent. We'll have to wait and see whether it liberalizes it so much that they don't work anymore. But I'm happy to see how they work out.

STEPHANOPOULOS: You laid out nicely the various groups of detainees that the president has to deal with, which, of course, brings us to the question of, what to do with those detainees once Guantanamo is closed, as the president has called for.

I know this is creating a lot of controversy in the Senate because of the possibility that some of these detainees may have to come to the United States.

And the attorney general, Eric Holder, was asked about this at the Senate this week, and he said very clearly that no dangerous detainees will be released in the United States.


ERIC HOLDER, ATTORNEY GENERAL: I don't know, whatever quantum of proof, however you want to describe it, to believe that a person posed a danger to the United States, we will do all that we can to ensure that that person remains detained and does not become a danger to the American people.


STEPHANOPOULOS: And is that enough assurance for you, Senator Kyl?

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