The new standard according to Dick

So now it turns out that the FBI memo that Dick Durbin read on the Senate floor as fact has not yet gone through the military justice process and at this point are just allegations. This is from the Senate floor last night;

Mr. WARNER. I would say, Madam President, I served as assistant U.S. attorney for 5 years and dealt with the FBI all the time. I have very high regard for that service. But the Senator knows full well that is just an investigative report by one agent. It is under investigation by the Bureau and by the Department of Defense at this time in the context of many other pieces of evidence.
One cannot come to this great forum, which is viewed the world over as one which is known for trying to assert the rights of this country as taking its place in the world, as following due process and principles of our Declaration of Independence and the Bill of Rights--and comment to the Senate about some young uniformed person who probably is the subject of that FBI report--until such time as that person in uniform is adjudicated in a proper forum as to having done what is alleged in that report, or not done, it seems to me we shouldn't be discussing it in the Senate.
Mr. DURBIN . I might say in response to the Senator from Virginia, I don't know if it is a uniformed person reported in this interrogation. The FBI did not say that. For those suggesting this reflects on our men and women in uniform, I don't know if that is a fact. I don't know if it was, in fact, a member of our armed services. I cannot say that. Nor did I, in my earlier statement, make any reference to the men and women in uniform.

But I will say this: When this type of serious allegation has been in the public forum for as long as this has been, without any denial by the administration, it raises some question as to the fact that the Senator raised, whether it should be taken as truthful or not. And I think it can be. Now, if facts come out later on and it turns out this is not the case, so be it. I will be the first to concede that in the Senate.

Mr. WARNER. Madam President, the damage has been done. The Senator should have taken the precautionary steps prior to----

Mr. DURBIN . Let me say to the Senator from Virginia, the damage was done when we changed our interrogation policy which allowed for some of the conduct we used to hold to be unacceptable by American standards. That is when the damage was done. That is when Secretary of State Colin Powell said we were crossing a line we should not cross. And we have crossed that line.