Sen Lindsey Graham asks Eric Holder if Osama bin Laden will be read "Miranda Rights" if Captured - Video 11/18/09
Here is outstanding video of Sen. Lindsey Graham today on Capitol Hill questioning Attorney General Eric Holder about why he has chosen to try the 9/11 Conspirators in civilian court.
Graham put Holder on the spot (it gets good at the 2:00 mark of the video) by asking him where he would try Osama bin Laden if he were to be captured. Holder was left hemming and hawing, saying only "it would depend." Graham kept at Holder, asking whether bin Laden would be read "Miranda rights" if captured, to which Holder said he was not sure. Graham then said this is the problem with what you are doing - "You are criminalizing the war." He told Holder that if he is going to try enemy combatants as criminals in civilian court, then he has to give people like Osama bin Laden a lawyer and Miranda rights upon capture.
Graham said "we are making bad history" with this decision, and it will "confuse" our military personnel fighting the war as to how they can handle enemey combatants captured on the battlefield. Can they be questioned, and how is that to be done if they may wind up in a civilian court?