From the November 18 Washington Times editorial:

The defense can argue that the entire process leading up to the trial has been illegal and everything derived from it is the “fruit of the poisonous tree.” The Sheikh was picked up in March 2003 in Rawalpindi, Pakistan, by a combined team of Pakistan Military Intelligence and CIA operatives. The legality of his transfer to U.S. custody is murky. He reportedly was not read Miranda rights at that time and was refused a lawyer when he asked for one.

This is critical because in May 2009, the Obama administration instructed the FBI to begin giving Miranda warnings to terrorists captured overseas as part of the “global justice” initiative. It would be difficult for the prosecution to justify how the Sheikh was treated when it contradicts current administration policy.[The Washington Times, 11/18/09]

Fact: Bush administration reportedly initiated Mirandizing suspects overseas

On the June 10 edition of Fox News' Special Report, The Weekly Standard's Stephen Hayes, whose June 10 article reported that the “Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan,” stated that "[t]here are reports that this was happening on specific bases as going back as early as July 2008." Additionally, Fox News national security correspondent Jennifer Griffin reported that "[t]he Justice Department saying tonight that detainees at Bagram have been Mirandized in the past." Griffin further stated that Justice Department spokesman Dean Boyd stated that "[t]here has been no policy change nor blanket instruction issued for FBI agents to Mirandize detainees overseas" and that “there have been specific cases in which FBI agents have Mirandized suspects overseas at both Bagram and in other situations in order to preserve the quality of evidence.”