They’re in plenty of offices: In the Senate, the House of Representatives, virtually all state legislatures and a large number of gubernatorial positions.
Lindsey Graham has been spouting off about treating the suspect as an enemy combatant
Did you not see the Fox article? Republicans are urging Obama to declare the suspect an “enemy combatant”.
If he is an US citizen, natural born or otherwise, he should be read his rights. There should not be exceptions.
He also has a right to a speedy trial. This should also mean a speedy conviction with the apparent evidence they have on him…then publicly hang him.
I actually wish a regular joe had shot the little shit stain.
No lawyer here but IMO once yiu read him his rights you tellibg him he has them and he can exercise them.
In the current situation he cannot exercise his rights since he “technically” wasn’t granted the ability to. If you read him his rights and he exercised them and you continued questioning you mislead/lied to the suspect. Hence you violated his rights. In the no miranda situation here you can’t violate what he doesn’t have.
I know this is all semantics but sounds like the most sensical of the arguments.
Thus is really going to get interesting since he is a citizen. I’m sure that nothing he says will never be admissible, but it looks like they probably have enuff physical evidence to convict.
All supposition on my part.
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The Fifth and Sixth Amendments to the United States Constitution do not magically spring into existence when someone says something to you. They already exist and always exist.
The contrary position makes as much sense as your rights protected under the Second Amendment to the United States Constitution only existing when someone with a badge informs you that they exist.
Negative. Reading rights does not grant you rights. Reading rights denies you the excuse of ignorance as the reason why you self incriminated yourself.
Reading rights has no bearing on the police in terms of what they can do. You can invoke your right to legal representation whenever you want, before or after miranda rights have been read. However, anything you say before rights are read cannot be used against you for the most part.
Pretty disgusting. Silly me I thought these rights were inalienable rights. I guess only if you’re a Christian…
I don’t believe Timothy McVeigh was “waterboarded” or “tortured”…but what the heck, we’ve been doing it for years so whats the harm…
The Feds are stating that not only do they not have to inform him of his rights, he has no rights. Gee I cant imagine what that means for him. Maybe some Abu Ghraib type stuff. And honestly if you’re a fan of that shit, you are no better than Tsarnaev.
Lets be honest here, the FBI fucked up again and now they’re trying to cover their ass. First they know about guys training to fly planes but not land them and do nothing. Now they know about these two going to Russia for 6months and posting anti U.S.A. shit on the internet and do nothing…hmmmmmm
This, they don’t just magically appear once you’ve been taken into custody and they have been read to you. But the applicability of Miranda is predicated on the notion that any subsequent interrogations occur within a constitutional and legal framework. Obviously that is a sentiment that McCain & Graham and I’m sure many others in government would not want to have play out in this case.
There is a clear misunderstanding here of where and when Miranda warnings are required, just as there is everywhere.
Some think that arrest automatically equates to a requirement for Miranda warning. This is not the case. GENERALLY SPEAKING, the requirement for Miranda advisal is custodial questioning, as in not free to leave and questions about a crime or culpability.
Getting biographical/medical information does not require Miranda.
Getting information about weapons or immediate threats to the public does not require a Miranda advisal.
- He is in custody.
- He is not free to leave.
- Miranda should be read to him before questioning and not when some reporter thinks it should be read to the suspect.
I imagine the FBI and Boston PD will want some time to prepare before they interview him. Hopefully the hospital has good staff who will not jeopardize the case for an interview on CNN and 15 minutes of fame.
I’m pretty sure they have a plan and will interview him in due course. Closing the door prematurely by giving him an early opportunity to invoke is just poor tactics. The bear can’t step on the trap until you bait it first.
Precisely. Timing is everything. Especially in a homicide interview.
I’m willing to go out on a limb and suggest that the HIG guys know what their doing. 
ETA - But listening to Graham right now talking on FNC and its just coming across as convoluted mess. Nothing changes the fact that he is a U.S. citizen on U.S. soil, or atleast nothing should IMO. Now invoking the public safety exception only to pursue a line of questioning and interrogation that falls within the scope of actual public safety concerns (e.g. are their further devices, are other attacks coming, etc) is one thing but my perception of the framework for allowing this is that it is presently deficient and the DOJ interpretation of these laws is at best overly expansive and therefor on shaky ground, and the exception is just going to be abused and exploited. Of course any intel gleamed under this context is prohibited from being admissible during his criminal trial no?
I would very much like to see him charged with treason rather than a simple “crime”.
If they find a link to AQ then he is an enemy combatant. No way around it. I still don’t think that he would be imprisoned outside the justice system.
I wish. Unfortunately, that charge does not apply.
Terrorism is a crime. Therefore a terrorist is a criminal.
Slipslop.
Today it’s Islamo-facsists. Tomorrow it’s narco-terrorists. Next week it’s the drug dealer down the street. Next month it’s whoever the government isn’t overly fond of and thinks that Constitutional protections are wasted on. Could be communists, could be ‘armed homophobic, racist, sexist, reactionary hate groups’, i.e. how they can paint members of m4c and other internet forums like barfcom.
Just like how drones were only gathering intelligence. Then they were being used as attack platforms in support of US and NATO ground troops. Then they branched into independently being used to target, track, and destroy individuals believed to be involved in terrorist activities. And now they are used to extralegally murder American citizens.
I’m not fond of the term ‘enemy combatant’ at all. Most of the people tagged as such should simply be hung as spies and saboteurs, like we did during Dubya-Dubya Two. I appreciate that the term was created because we weren’t and aren’t exactly comfortable with the idea of hanging the people we’re fighting en masse. But it has been or is trying to be taken from being a term used to define someone who is sort of an EPW but never wore a uniform, who (for specious reasons) we cannot try but cannot release and is not an American citizen, to someone who is simply a criminal and an American citizen.
Nevermind the fact that the existence of the term ‘enemy combatant’, or rather the use of the term, helps undermine the validity of the Constitution of the United States as a moral player in the world (for perverted reasons). Now let’s use this same term to completely burn, shred, and burn again that singular document. Brilliant! Let’s give up our guns, too, since Big Papa Government needs to protect us from each other so badly.
This isn’t even a particularly brilliant time to use the term: We will have no problem getting the suspect tried, convicted, and executed (or imprisoned) without its need.
wrong thread
Its hard to find what party you really want to be a part of. One wants to take away your 2nd amendment rights, the other does’t give a shit about your 4th, 5th, and 8th amendment rights. So much for the GOP “party of liberty”. No wonder they are called Nazis…
The Dems do get one thing right, they love due process. Most of them are still pretty outspoken about the PATRIOT ACT and Gitmo, but are a little less quiet because Obama is in office. If a Repub was in office they would still whine.
Nope. In what world do you live in that the possibility of a fugitive in a town equates to reasonable belief that the fugitive is in one particular house? Then when he’s not, there’s a reasonable belief that he’s in the next house? Repeat until every house has been searched?
What you’re describing is basically a police state with no right to privacy besides the thinly veiled sham of a Constitution. We’re not at that point yet.
This is true.
(B) if they for some inexplicable reason decided to hold you for it, it would get thrown out of court faster than the DA could say “Your Honor” because they were only allowed in your house to find the fugitive.
This is not true. If they are allowed in your house legally and they see a pile of cocaine and an RPG on your dining room table, you can bet your ass you’re going to jail. If it’s a small stash of weed, they’ll probably look the other way… not because they HAVE to, but because they’re looking for a suspected domestic terrorist and you’re not worth their time. They may circle back with another warrant later though, if they get bored enough.