Thursday, November 19, 2009

Graham to Holder - 'If Bin Laden Were Caught Tomorrow Would he be Entitled to Miranda Warnings?'

Lindsey Graham (R) asked White House Attorney General Eric Holder 'If Bin Laden Were Caught Tomorrow Would he be Entitled to Miranda Warnings?'. Holder danced around the question never really answering it. The question highlights the inherent difficulties in terrorist trials and if bringing Khalid Sheikh Mohammed's to NY for a trial is the right decision. This is one of the reasons Obama should have had a hand in this decision and I find it difficult to believe that he really did not. Can you imagine our military capturing Bin Laden and instead of asking him about upcoming terrorist attacks, telling him that he has a right to remain silent? If Osama is not Mirandized that would have a significant impact in civilian court. This issue is similar to the problem of coercive interrogations of Khalid Sheikh Mohammed and how that will impact what evidence the government can use in court. It does not matter if you think Waterboarding is torture or not, there is no debate that it is coercive; that is the whole reason it is done. Civilian trials of foreign terrorists create a lot new difficulties and challenges in the fight/war against terrorists. I just hope these new difficulties do not lead to an increase in successful attacks and death.

Video embedded below.

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