We all know that the Congressional Record is not an exact transcript of what occurs in Congress. Members of Congress are allowed to change, alter, add, and delete information before the Record is published.
But I’ve never heard before of members inserting into the Record such a lengthy “scripted colloquy that never actually took place” after legislation passed with the apparent attempt to construct a legislative history in retrospect. Senators Graham and Kyl filed an amicus brief with the Supreme Court in which they repeatedly cite this colloquy and claim it as “legislative history.”
- Invisible Men: Did Lindsey Graham and Jon Kyl mislead the Supreme Court? By Emily Bazelon, Slate, March 27, 2006
- Senators Kyl and Graham’s Hamdan v. Rumsfeld Scam: The Deceptive Amicus Brief They Filed in the Guantanamo Detainee Case, By John W. Dean, FindLaw, Jul. 05, 2006.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.