Lindsey Graham must have decided that he wants to keep his job. Yesterday he left Eric Holder baffled during Senate Judiciary Committee Hearings, simply by asking him: Can you give me a case in United States history where a enemy combatant caught on a battlefield was tried in civilian court?
This dialogue then followed:
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.
The big problem I have is that you’re criminalizing the war, that if we caught bin Laden tomorrow, we’d have mixed theories and we couldn’t turn him over — to the CIA, the FBI or military intelligence — for an interrogation on the battlefield, because now we’re saying that he is subject to criminal court in the United States. And you’re confusing the people fighting this war.
NYM made the same point as Mr. Graham last week.