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Attorney General insists bin Laden will be killed, making Miranda warnings irrelevant, while Gen. McChrystal says mission is to capture bin Laden alive

by Technical Editor on March 16, 2010

Sources: Gerstein, Josh, “Eric Holder: Osama bin Laden won’t be brought in alive”, Politico, 16 March 2010; Lubold, Gordon, “US wants Osama bin Laden alive, US commander in Afghanistan says“, Christian Science Monitor, 17 March 2010

During testimony before Congress, Attorney General Eric Holder was asked whether al Qaeda leader Osama bin Laden would have to be read his Miranda rights if captured, given that several 9/11 planners were still scheduled to be tried in civilian court in New York.  Holder responded that bin Laden “will never appear in an American courtroom…he will be killed by us, or he will be killed by his own people so he’s not captured by us.  We know that.”  The next day, the US commander in Afghanistan, Gen. Stanley McChrystal, indicated that the goal of US forces remains to capture bin Laden alive. 

The contradiction further illustrates the problems with Holder’s law enforcement-centered approach to terrorism.  Holder again tried to avoid the obvious implications of trying 9/11 masterminds in federal court — that they will have to be given constitutional protections to which any criminal defendant is entitled — by saying bin Laden would not be captured alive.  The fact that bin Laden will be captured alive if possible shows that Holder’s approach is a highly problematic one.

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