Lindsey Graham

A short conversation

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From Wednesday's Justice Department oversight hearing by the Senate Judiciary Committee,

SENATOR LINDSEY GRAHAM, (R-S.C): Can you give me a case in United States history where a enemy combatant caught on a battlefield was tried in civilian court?

ERIC HOLDER, ATTORNEY GENERAL: I don't know. I'd have to look at that. I think that, you know, the determination I've made --

GRAHAM: We're making history here, Mr. Attorney General. I'll answer it for you. The answer is no.

HOLDER: Well, I think --

GRAHAM: The Ghailani case -- he was indicted for the Cole bombing before 9/11. And I didn't object to it going into federal court. But I'm telling you right now. We're making history and we're making bad history. And let me tell you why.

GRAHAM: If bin Laden were caught tomorrow, would it be the position of this administration that he would be brought to justice?

HOLDER: He would certainly be brought to justice, absolutely.

GRAHAM: Where would you try him?

HOLDER: Well, we'd go through our protocol. And we'd make the determination about where he should appropriately be tried. [...]

GRAHAM: If we captured bin Laden tomorrow, would he be entitled to Miranda warnings at the moment of capture?

HOLDER: Again I'm not -- that all depends. I mean, the notion that we --

GRAHAM: Well, it does not depend. If you're going to prosecute anybody in civilian court, our law is clear that the moment custodial interrogation occurs the defendant, the criminal defendant, is entitled to a lawyer and to be informed of their right to remain silent.

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