Lindsey Graham, Kelly Ayotte

A son-in-law of Usama bin Laden is due for arraignment today in New York, and the arrest and the charges are rekindling a debate over terror trials.

FOX News Radio's Lisa Brady reports in our ongoing series on national security:

Securing America.

On the morning after 9/11, al-Qaeda spokesman Sulaiman Abu Ghaith appeared with Usama bid Laden, praising the attacks and warning of more. Now he's charged in New York with conspiracy to kill Americans.

Attorney General Eric Holder says the arrest sends an unmistakable message to violent extremists. But it's drawing the same criticism as when Holder tried to bring five accused 9/11 plotters to trial in New York.

(Graham) "This guy didn't rob a liquor store."

South Carolina Republican Senator Lindsay Graham says Abu Ghaith belongs at Guantanamo Bay.

(Graham) "If this man, the spokesman for 9/11, is not an enemy combatant... who would be?"

The 9/11 defendants went back to military trials after Congress moved to block the transfer of detainees for trial in the U.S.

Lisa Brady, FOX News Radio.

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Editor's Note: Abu Ghaith is scheduled to appear in Federal court in Lower Manhattan around 10am ET.