Yet here, according to the Associated Press, is how he answered substantially the same question at a congressional hearing yesterday:
By the end of her first law school class, every law student has discovered that the standard way lawyers evaluate legal positions is by determining whether they have implausible implications in artfully defined hypothetical situations. Before her first moot court, she knows that this is not a professional answer to a hypothetical question: “I have to compliment you on your vivid imagination Justice Scalia, but that’s not going to happen.” Yet, after three months of preparation, the Attorney General’s well-rehearsed answer to a question designed to flesh out his legal position amounted to a hypothetical war dance over a hypothetical corpse."’Let's deal with reality,’ Holder said. ‘The reality is that we will be reading Miranda rights to the corpse of Osama bin Laden. He will never appear in an American courtroom.’
"Pressed further on that point, Holder said: ‘The possibility of catching him alive is infinitesimal. He will be killed by us or he will be killed by his own people so he can't be captured by us.’”
Who would have thought that Holder wouldn’t be able to measure up to the expectations he lowered so drastically three months earlier? Jane Mayer has protrayed Holder as a lonely but insistent voice for the rule of law in an administration that’s increasingly inclined to cut legal corners in dealing with terrorist threats. To me, he just sounds empty-headed.