Congressman Dennis Kucinich (D-Ohio)
(CNSNews.com)- When asked whether al Qaeda leader Osama bin Laden should have theright to remain silent and be given a lawyer, Rep. Dennis Kucinich(D-Ohio) told CNSNews.com that everyone who is accused of a crimeshould have the same "basic rights" afforded by the U.S. Constitution..

On Capitol Hill on Nov. 19, CNSNews.com asked Kucinich, “If and whenthe U.S. captures Osama Bin Laden, should he have the right to remainsilent and be given a lawyer--told he can get a lawyer?”

Kucinich said: “I think that America does best when the values that wewant other nations to share that we profess and stand by, and I thinkthat every one who is accused of a crime should have the basic rightsthat are afforded. I mean, that’s what America’s about.”

“We can’t have one set of rules there and another set of rules there,”said Kucinich. “America is one set of rules. We abide by theConstitution, and I think that Constitution is our protection now andin the future.”

When asked the same question by CNSNews.com on Nov. 19, House SpeakerNancy Pelosi (D-Calif.) said, “Well, let’s see, how many years has itbeen? Nine, eight years. Let’s worry about capturing Bin Laden and notworry about your, your question.”

During a hearing in the Senate Judiciary Committee on Nov. 18, Sen.Lindsey Graham (R-S.C.) asked Attorney General Eric Holder severalquestions about how the capture and legal handling of Osama Bin Ladenmight be handled and warned that, in his opinion, the United States is“making bad history” by trying 9/11 suspect Khalid Sheik Mohammed in acivilian court.

When Graham asked whether the U.S. would try Bin Laden in a civiliancourt or military commission, Holder said he “didn’t know” and that theU.S. would have to “go through our protocol” before deciding what to dowith the Islamic terrorist.

“If we captured bin Laden tomorrow, would he be entitled to Mirandawarnings at the moment of capture?” Graham asked Holder. Holder’sresponse was “that all depends,” and Graham warned that the Obamaadministration’s new legal policy would confuse the military and thejustice system.

“Well, it does not ‘depend,’” the senator said. “The big problem I haveis that you’re criminalizing the war, that if we caught bin Ladentomorrow, we’d have mixed theories and we couldn’t turn him over—to theCIA, the FBI or military intelligence—for an interrogation on thebattlefield, because now we’re saying that he is the subject tocriminal court in the United States.

“And you’re confusing the people fighting this war,” Graham charged.Later, the senator added, “The only point I’m making (is) that if we’regoing to use federal court as a disposition for terrorists, you takeeverything that comes with being in federal court."

Holder announced last Friday that he had chosen to try Mohammed infederal court in the Southern District of New York, which includesManhattan, where the attacks on the World Trade Center occurred in 2001.