posted July 14, 2006 03:45 PM              

BY RICHARD SISK
DAILY NEWS WASHINGTON BUREAU

WASHINGTON - Sen. Hillary Clinton pointed out yesterday that even if Guantanamo Bay prisoners are tried and acquitted on specific charges, they could still be held as enemy combatants.
Clinton (D-N.Y.) raised the matter to counter GOP claims that Democrats are going soft on terror suspects by backing new rules on trials for detainees.

"We're not talking about a choice between trying somebody or letting somebody go," said Clinton.

She mocked what she called the "hyped rhetoric" from House GOP members on coddling prisoners.

Sen. Lindsey Graham (R-S.C.) backed up Clinton at an Armed Services Committee hearing. He asked the top lawyers for the military services: "Isn't it correct that you could be acquitted in a military commission and still be held as an enemy combatant even if you're acquitted?"

The judge advocates general of the Army, Navy, Air Force and Marines all replied, "That's correct, sir."

Turning to Clinton, Graham said, "To go to your point, you're absolutely right."

Sen. John Warner (R-Va.) gushed: "I thank the senator from New York for that very insightful observation."