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.
I thought that was what I posted....they get 48 hours to question him......obviously that would start when they start questioning him. Sorry for any confusion.
The "public safety" exception is just wrong. Miranda is for those who may not know their rights. Miranda does not grant those rights. "Public safety" implies that your rights are waived. That is not so. You still have your full rights if you are aware of them, regardless of being advised of them.
Arlen wrote: The "public safety" exception is just wrong. Miranda is for those who may not know their rights. Miranda does not grant those rights. "Public safety" implies that your rights are waived. That is not so. You still have your full rights if you are aware of them, regardless of being advised of them.
From the FBI website...
The strength of the Miranda decision is its clarity in its nearly unwavering protection of a suspect's Fifth Amendment protection against selfincrimination. The commitment to this rule is so strong that the Supreme Court has recognized only one exception to the Miranda rule—the "public safety" exception—which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.
If you go back to the drone debates, you will find that the President used somewhat this very law to justify potential drone attacks on US Citizens.
If a US citizen engages in an act that is considered an act of war against our country, they are enemy combatants and therefore forfeit their rights under our constitution.
Even if the kid were to confess, and if the confession was thrown out due to him not getting the Miranda rights, it seems there is still more than enough evidence to convict him assuming the reports I've heard are true.
The video evidence may not be enough, but I've read they found other bombs at his residence. In addition there is the fire fight with the cops that got his brother killed. And I've got to think they can find other info to tie the bombs at the race to them as well. But I'm just speculating.
It seems to me the public safety exemption isn't so much for getting a confession anyway (though I'm sure they'd like one). I think it's more for finding out if there are other dangers out there such as accomplices on the loose or other unexploded bombs which would be a great danger to the public. And if so, it makes sense to me in terrorist cases like this one. If he saw a lawyer first he probably wouldn't ever say anything. Then again, I'm just thinking out loud...
frogger wrote: If you go back to the drone debates, you will find that the President used somewhat this very law to justify potential drone attacks on US Citizens.
If a US citizen engages in an act that is considered an act of war against our country, they are enemy combatants and therefore forfeit their rights under our constitution.
The president is not calling him an enemy combatant, the public safety exception to Miranda rights is a totally different issue. It allows a suspect to be questioned for 48 hours about what that suspect may know that would help protect the public from a threat, like the placement of bombs around town or other conspirators. Arlen is right... No rights are actually given up, but those who question him do not need to get him a lawyer or stop questioning him if he asks for one. Nothing on this is remotely like the justification for domestic drones that I can see... Perhaps you could clarify the similarity.
Not a TEA party member? Appears to be anti- gun according to his tweets. David Sirota and MSNBC must be pissed. Do you think prejudice will increase against Islamic people? And will it hurt the new immigration bill? I think it might change a few votes.
Thomas Sowell: There are no solutions, just trade-offs.
The suspect already confessed to a witness. They do not need a confession.
Once he lawyers up in the US court system.....we may never get the information from him that would tell us what happened.
Being listed as en enemy combatant puts him into the military judicial system.
Let's see what this administration is made of.
FredHayek wrote: Were the brothers lone wolves? Or are there other Chechens still out there?
More to the point... within their circle of "friends" are there other radicalized Muslims out there... Chechen or otherwise? We've learned a lot in one week and there is information to suggest that in 2011 the Russian government ask the FBI to look into Tamerlan's activities both online and his social circle. His social media pages had links, comments and videos related to Islamic fundamentalist teaching. Family and friends all relate how over the last 5 years Tamerlan had become more "religious" and showing signs of being discouraged about his American lifestyle and his purpose in life.