CONCORD, N.H. — New Hampshire Sen. Kelly Ayotte says the Obama administration is wrong to bring a recently captured son-in-law of Osama bin Laden and al-Qaida spokesman to court in New York.

In a Washington news conference Thursday with fellow Republican Sen. Lindsey Graham of South Carolina, Ayotte said the Obama administration’s lack of a war-time detention policy for foreign members of al-Qaida, as well as its refusal to detain and interrogate them at Guanatanmo Bay, makes our nation less safe.

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Sen. Lindsey Graham, R-S.C., accompanied by Sen. Kelly Ayotte, R-N.H., speaks to reporters on Capitol Hill In Washington, Thursday, March 7, 2013, about the capture of Osama Bin Laden's son-in-law Sulaiman Abu Ghaith. Sulaiman Abu Ghaith , Osama bin Laden's spokesman and son-in-law has been captured by U.S. intelligence officials, officials said Thursday, in what a senior congressman called a "very significant victory" in the ongoing fight against al-Qaida. (AP Photo/J. Scott Applewhite) AP

Ayotte said military detention for enemy combatants has been the rule, not the exception.

She said a foreign member of al-Qaida should never be treated like a common criminal and should never hear the words, “You have a right to remain silent.”