– and eats it, live on air!
Well, okay, maybe he didn’t – but he did expose the vacuity of Graham’s stance on the terrorist tribunal bill. Lindsey was wishing John McCain was there to hold his hand . . . from The Hugh Hewitt Show:
HH: Senator Graham, my response to that, and I’d really like to hear how you respond to that, is I think you’re wrong. I’ve been teaching this for ten years. I’ve read the Hamden up and down. I’ve read Kennedy’s concurrence, and I believe Chief Justice Roberts, with whom I shared an office in the White House Counsel’s Office, will uphold President Bush’s bill. So given that I believe Kennedy will come back, and that there are at least five votes to uphold President Bush’s bill, because obviously, Justice Kennedy only wanted you to act. That’s what he wanted, was the Justice Jackson, third-tier kind of situation. Since the President’s bill would be, in my opinion, upheld, even if I’m wrong, it will just be sent back. But that higher level of protection of denying access to classified information, which could end up through the al Qaeda means, back in the hands of people who want to kill us, why not try the President’s way?
LG: Well, here’s the reason, I think. One, I don’t want to do it a third time. You’ve got 25-50 people down there that should have been prosecuted years ago, and we’ve just been screwing around with this thing, Hugh, playing cutting corners when we don’t need to. 10 of the guys ready to be prosecuted will go into the court and say I did it, and look the judge in the eye. One of them’s already looked the judge in the eye and said I will kill you and your family. If we enact a procedure where the jury can convict the accused on information not shared with the accused, it will fall, and we’ll be setting a precedent for a trial to happen in a foreign land with one of our soldiers…
HH: Now Senator Graham, that’s a different argument.
LG: The mother of the Marine…let me tell you. I don’t want to legitimize a trial of her son in some foreign land where they never showed him the evidence against him, and they convict him. That is not going to happen. It need not happen. It would be a disaster.
HH: So help me out, Senator Graham. You just switched arguments on me. You supported the earlier bill struck down by the Court that provided no protections. Now you’re demanding more…
Read the whole thing at the link above, and then read Hugh Hewitt’s own post on it.