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TomCADem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 10:03 PM
Original message
Controversy Over Miranda Warnings For Terror Suspect
Source: LA Times

Washington..While critics Wednesday blasted the Justice Department's decision to inform the Times Square bombing suspect of his constitutional rights, for the FBI agents interrogating Faisal Shahzad, the question wasn't so much whether to inform him, but when, officials said.

Shahzad was arrested late Monday night and soon began talking to investigators. At some point hours later, he was notified of his so-called Miranda rights, including his right to remain silent and his right to an attorney. He kept cooperating.

But Republicans have used the occasion to suggest that Shahzad, an American citizen, should not have been treated like a traditional criminal suspect—but instead questioned indefinitely with little regard to his constitutional rights. Moreover, some legal experts say that agents weren't required to inform Shahzad of his rights at all if they determined that securing intelligence about potential terror plots was more important than being able to use his self-incriminating statements in court.

The debate has highlighted a fundamental structural issue in America's anti-terror framework: There is no other way to prosecute a citizen arrested here for terror-related offenses than through the criminal system. A law passed by Congress in 2006 bars trials for citizens by a military commission, which left federal charges as the only option. That means investigators were looking to build as strong a case against Shahzad as possible.


Read more: http://www.latimes.com/news/nationworld/nation/wire/sc-dc-legalities-20100505,0,7049280.story



There you have it. The Teabaggers and Republicans will save our freedom from the encroaching power of the Federal Government by fighting to strip us of our freedoms. All the government has to do is accuse someone of terrorism, and *poof*, there goes your rights as an American citizen.

I guess the 2010 election will also constitute a referendum on rule of law versus the fear and smear crowd.
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Pirate Smile Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 10:07 PM
Response to Original message
1. This is so f@#king ridiculous. They run around screaming about the Constitution and "high" taxes
when taxes have gone down for the huge majority of people and they are the ones who treat the Constitution as optional. It.Is.So.Pathetic.
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PSPS Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 11:21 PM
Response to Original message
2. "Controversy?"
I guess if the media can find some fruitcases (GOP/'baggers is a reliable source) to spout some nonsense, we've got a "controversy!!111!!!1" Even without Palin, the press can find something to declare the "controversy" du jour.
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Democat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 12:30 AM
Response to Original message
3. Shoots down their argument that they support judges who follow the Constitution
More hatred of the US Government from right wingers.

It increasingly seems that the American right hates America as much as some of the terrorists.
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Kringle Donating Member (411 posts) Send PM | Profile | Ignore Thu May-06-10 01:34 AM
Response to Original message
4. nothing unconstitutional about questioning a suspect before Miranda
that evidence is not usable in court,
however
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boppers Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 01:58 AM
Response to Reply #4
5. Even a full blown confession can't be used.
http://en.wikipedia.org/wiki/Dickerson_v._United_States

The longer they wait, the less they can use.
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tanyev Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 07:02 AM
Response to Original message
6. Hey, if they hate us for our freedom, the solution is to take our freedom away.
Obviously.

:crazy:
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Robb Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 07:24 AM
Response to Reply #6
7. LOL
...I think you've got it! :rofl:
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