homeagain wrote: HE IS AN AMERICAN CITIZEN.....2012.
Derchouwitz was on air this am, VERIFYING what I suspected......THIS WILL BE A PROBLEM......
Did you even read the whole FBI article?
New York City's Times Square in May 2010, highlight the importance of this exception. (6) Those current events, occurring in a time of heightened vigilance against terrorist acts, place a spotlight on this law enforcement tool, which, although 26 years old, may play a vital role in protecting public safety while also permitting statements obtained under this exception to be used as evidence in a criminal prosecution. In brief, and as discussed in this article, police officers confronting situations that create a danger to themselves or others may ask questions designed to neutralize the threat without first providing a warning of rights. This article discusses the origins of the public safety exception and provides guidance for law enforcement officers confronted with an emergency that may require interrogating a suspect held in custody about an imminent threat to public safety without providing Miranda warnings.
[/b][/i]
YEP, BUT when McCain and Graham want him declared an "enemy combatant" AND the authorities DECLARED (last nite) that the
threat was "over" and public safety was NOT an issue (paraphrasing here, go about your business BUT be aware and report anything
that you deem suspicious).......PUBLIC SAFETY was NOT an issue last nite, there is a DISCONNECT.
This "boy" is 19 years old, he made a heinous decision to follow his brother (JMO) and the judicial system APPEARS to be blocking
his "rights" as an AMERICAN CITIZEN. (correct me if I am wrong, he got his citizenship but his brother did NOT?)....have to check that right now.
And there is much more explanation in the CNN article...
"The police have said there's no public safety issue, it's solved, it's over," said Dershowitz. "There are no further threats. But the FBI is saying there's enough further threats to justify an exception."
Former New York Mayor Rudy Giuliani said the federal government may have known about international threats that state officials were not aware of.
YES, I read the article....I Also KNOW the reason for Miranda was because of FORCED CONFESSIONS....coerced by law enforcement
officials.....which Miranda rectified....
homeagain wrote: YES, I read the article....I Also KNOW the reason for Miranda was because of FORCED CONFESSIONS....coerced by law enforcement
officials.....which Miranda rectified....
It doesn't matter... the Supreme Court agreed that the public safety exception is constitutional. And the Feds may have justified reasons for invoking this exception. You may not like it, you may not trust their judgement or motives, but that doesn't change the facts or the legality of what they did. And Grahams and McCain's opinions doesn't bear on the Feds decision.
OF COURSE ,we don't have all the facts.......I stated MANY pages back......you do NOT lockdown a LARGE METROPOLITAN CITY (
to the tune of $335 MILLION dollars a day in economic impact.) IF there was not some Larger, more sinister threat.....I am NOT
unintelligent, I read between the lines......The authorities did NOT want mass panic (institute the "mushroom mode") and ATTEMPT
to contain the unknown factors.....JMO
homeagain, we no longer have protections based on citizenship. Unfortunately for those concerned about our rights, this situation is exactly what removing those rights was done for.
Well... now we know... the Boston Bombers were not...
1) White Tea Party Members
2) Right-wing extremist
3) Christian fanatics
4) Knuckle-dragging southerners
5) Occupy Wall Street members
6) Anonymous Members
7) Michael Moore and Sean Penn (personally... I was betting on this option)
We can now take comfort in knowing they were probably just ideological Muslim terrorists.
My understanding is that the FBI has 48 hours to question the suspect based on the Public Safety exception, and they have certain rules they must follow on the type of questions that can be asked......after that they will read him his miranda rights....he is a US citizen. Only a few GOP members are calling for Obama to label him an enemy combatant with no rights. All citizens should be protected even the most heinous ones.
Top Republican senators urged President Obama on Saturday to hold the suspect captured in the Boston Marathon bombing as a potential enemy combatant -- denying him a government-appointed attorney and other legal rights under the “Law of War” so investigators can learn about other possible attacks.
archer wrote: My understanding is that the FBI has 48 hours to question the suspect based on the Public Safety exception, and they have certain rules they must follow on the type of questions that can be asked......after that they will read him his miranda rights....he is a US citizen. Only a few GOP members are calling for Obama to label him an enemy combatant with no rights. All citizens should be protected even the most heinous ones.
Top Republican senators urged President Obama on Saturday to hold the suspect captured in the Boston Marathon bombing as a potential enemy combatant -- denying him a government-appointed attorney and other legal rights under the “Law of War” so investigators can learn about other possible attacks.
Forty Eight hours from the time a doctor clears him medically for questioning. Not 48 hours from the time he is placed in custody. The "Public Safety" exception was ordered by the Obama administration through Eric Holder.
