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: 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: 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?
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.