Posted on 04/22/2013 3:20:15 PM PDT by 2ndDivisionVet
His logic’s straightforward. It’s easy to prove that Tsarnaev did the deed but in order to prove that he’s a “terrorist” and therefore eligible for the death penalty, you have to also prove that his intent was to terrorize the population. And the only hard evidence of that might be his own statements — which will be inadmissible if a judge rules that the feds the “public safety” exception to Miranda doesn’t apply in this case. I must be missing something, though, because as I read the statute, I don’t see where the feds need to prove any specific terroristic intent. Via Ken at Popehat, here’s the relevant part:
(a) Offense Against a National of the United States or Within the United States.— A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—
(1) against a national of the United States while such national is outside of the United States;
(2) against any person or property within the United States, and (A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; (B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce; (C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or (D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States...
(Excerpt) Read more at hotair.com ...
If they can’t hang this guy, then federal terrorism laws have no point.
So let him loose already ~ a people’s revolutionary committee will know what to do even if the gub’mnt can’t figure it out!
The only reason this is coming up is because MA has no death penalty.
Maj. Hassen is still breathing. I have no confidence that this administration has any desire to rid the world of these terrorists.
Supermax is worse than death.
I’m guessing they consider them “freedom fighters” against the Great Satan. Watch them all get pardoned on his last day in office.
NO Virginz FOR YOU!
The Obama administration is blowing this on purpose.
Yes he is. In his book, Audasity is hope, Zero says he wiill support Muslim terrorists politically.
I believe there is a term called res ipsa loquitur which in my translation means that if you are going to explode a friggin bomb in a crowded street it meets any reasonable man’s definition of terrorism and then the “thing speaks for itself”.
"I will side with........
the longer he is in custody, the less it applies...and really, with the other brother rotting in hell already, LE really only needed to know if they were working with someone else and whether other bombs were out there and active
aside from that, Miranda applied the minute the pulled him out of the boat
At this point, 4 all practical purposes, nothing much matters regarding the younger Tsaernaev-—mirandized, or not (and he is, now), Enemy Combatant, or not (he’s “not” acc. to Obama)
the whole point should be JUSTICE, and we do that through a TRIAL. NOW-—does anyone think Dzohkar Tsaernaev WILL be able to “march to the head o’ the line” ahead o$ Major Hasan, AND Khalid Sheihk Mohammed, whose prospective trials are already all but 4gotten, the most recent one already being 3.5 years old?
No, we’re going to be dragged through an endless process in which the overwhelming objective 4 Obama will be a steady and HIGHLY debatable trickle o$ pseudo-$acts put 4th to suggest that these 2 brothers were whacky loose cannons vulnerable to Jihadist glory but not Jihadist policy.(There is actually no di$$erence between those two things:Obama will parse and nuance the one at the expense o$ the other, to validate his claim that “Al Qaeda is dead”) Do not expect any truth to come out. Dzokhar will never stand trial as long as
Obama in in the WH, and i$ he does, he will never get the Death Penalty-—Mass law,$rom what I understand, will see to that.They will do anything to avoid executing these mass murderers-—can’t make the Muslims mad at us......
I doubt it. There is enough evidence that whatever he says won’t need to be used.
They worry more about the perp’s rights and do not care about the rights that were violated in Watertown by the Feds.
http://www.youtube.com/watch?feature=player_embedded&v=2LrbsUVSVl8
Police perform house-to-house raids in Watertown MA ripping innocent families from their homes
I think they can prove all they need to prove without using what he says during questioning. What he might say will probably reveal how young, dumb, plastic and naive he is at his age. So, what he might say might actually help him more than hurt him insofar as the death penalty is concerned.
Great, now we are going to spend tens of millions of dollars trying to get the death penalty? Stick him in the general population in prison.
But the Feds do ... :-)
He’s already been read his Miranda rights, in a court hearing today. The judge read them to him. He’s already got a lawyer, who was present with the defendant, at the hearing.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.