I cannot compete with Allahpundit's write-up of this exchange, from the Holder hearing today, so go forth and read his take.
Holder says Miranda wouldn't be an issue in KSM trial or Osama bin Laden's because the evidence is so overwhelming against the two that prosecutors wouldn't need "custodial statements" gotten without Mirandizing them. But as Allahpundit notes, the question is what happens in the future, when soldiers on a field of battle, knowing that combatants may be tried in federal courts, have to start Mirandizing terrorists instead of interrogating them. And, if they don't do that consistently (soldiers are not supposed to be cops), does it not mean that many a future conviction of future terrorists would be impossible?
Here is the video:
