Lindsey Graham actually said...

I hope you can give us an answer because it shouldn't be hard. Either you do or you don't.

Everyone deserves a lawyer. You're doing the country a great service when you defend the most unpopular people.

Okay. So it's an executive branch function to determine whether or not this person qualifies as an enemy combatant?

I think that it was an act of war by al-Qaeda and associated groups against the people of the United States.