(UPDATE) Lindsay Graham stumps the “brave” Eric Holder

Eric Holder gave his testimony before the Senate Judiciary Committee yesterday.

Basically, Holder AND Obama have given one reason for trying KSM and others in New York Federal Court as “we can’t cower to the terrorists.”     But Lindsay Graham (R – South Carolina) was having none of it.  Like RINO Graham or hate him…he completed OWNED Eric Holder in this exchange.

Reaction from others —

Moe Lane at RedState.com:

Not filmed was the bit in the end where Holder was on the floor, looking for his teeth. You do not walk into a situation like that without an elementary knowledge of the relevant historical record. You do not come completely unprepared for a obviously-telegraphed question like “So. What are you going to do with a captured bin Laden?” And you do not assume that Senators like being given the mushroom treatment. Because if you do any of that, you can be assured that some Senator, somewhere, will take the opportunity to introduce you to pain.

From Allahpundit at HotAir.com:

…..here’s how “carefully” Holder consulted the law before pulling the trigger on KSM. Not only does Graham have to tell him that there’s no precedent for trying battlefield detainees in civilian court, but Holder’s emphasis on how we don’t need a confession to convict Bin Laden completely misses the larger point Graham’s trying to make. The real worry in a district-court trial isn’t what’ll happen to archterrorists like Osama or KSM, whose perpetual detention is assured; the worry is that those trials will establish precedents that’ll be exploited by lesser jihadis at their own trials later on. KSM won’t be released because the political consequences to the administration are too dire, but what about some other terrorist who’s less well known to the public and whose guilt, while certain to the CIA, is less provable under normal evidentiary rules? A confession in a case like that might be critical — but what if he wasn’t Mirandized before he confessed? What then? That’s Graham’s point, and Holder seems to want nothing to do with it…..

……The decision on what “due process” is due, in other words, is based not on the nature of the underlying act — war perpetrated by a foreign enemy — but on the outcome The One wants to achieve, with Holder actually going so far today as to say, I kid you not, “Failure is not an option.” Isn’t failure always an option in a true due-process regime?

And then the ever-profound, “Leaky” Leahy had this to say when speaking to C-SPAN yesterday.  (Did anyone hear him in the testimony yesterday?  He sounded almost drugged with his slow speech…I think he’s been sittin’ in that Senate chair WAY TOO long.):

“The red herring that my friend [Sen.] Lindsey Graham (R-S.C.) was covering is not realistic,” Leahy said during an appearance on “Washington Journal” on C-SPAN.

 “For one thing, capturing Osama bin Laden — we’ve had enough on him, we don’t need to interrogate him,” Leahy added.

Leahy….I’d say it’s time for you to go…what a ridiculous statement.

UPDATE:  More thoughts from Ace of Spades blog:

Here’s the crap Holder is trying to sell that Graham won’t let him get away with…Holder says, ‘we don’t need to question bin Laden because we have so much evidence already so we won’t question him for a statement, therefor Miranda doesn’t apply’.

Graham nails him with the fact Miranda isn’t just about ‘the right to remain silent’. It’s also about an affirmative right to an attorney.

The fight is about when does a “military capture” become a “civilian arrest” and when and how do all the rights that come with a civilian arrest and trial attach. Right now there are no answers because as Graham points out, the Obama administration is making it up as they go.

Guess who is going to get involved in that question at some point. The courts. Given the arc of cases since 9/11 is anyone 100% sure (hell, 50% sure) that a court won’t throw out a conviction or even a bar a trial on any number of 6th Amendment grounds?

Holder is left babbling like a fool about these basic questions.


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