“That evidence cannot be used against him in trial,” Graham said today on CNN’s “State of the Union” program. “That evidence is used to protect us as a nation,” Graham said. “Any time we question him about his guilt or innocence he’s entitled to his Miranda rights and a lawyer.”

                           -Senator Lindsey Graham.

What's the debate about? Senator Graham is exactly right again. Miranda confers personal rights. Without Miranda advisement a subject's statements cannot be used against him in a criminal trial against him. Law enforcement has always been able to talk to a person about any matter under the sun, for background, for national security, for any reason. The statements just can't be used against the subject personally absent a Miranda waiver. As a practical matter this means that the "national security" interrogation (sans Miranda) will occur first and the "personal guilt" interrogation afterwards. What if he says "I want a lawyer" during parte une? Sucks to be him, he's not entitled to counsel in parte une.