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Rights Are Curtailed for Terror Suspects
WSJ ^ | 24 Mar 2011 | Evan Perez

Posted on 03/24/2011 9:23:48 AM PDT by Palter

New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.

The move is one of the Obama administration's most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.

The Supreme Court's 1966 Miranda ruling obligates law-enforcement officials to advise suspects of their rights to remain silent and to have an attorney present for questioning. A 1984 decision amended that by allowing the questioning of suspects for a limited time before issuing the warning in cases where public safety was at issue.

That exception was seen as a limited device to be used only in cases of an imminent safety threat, but the new rules give interrogators more latitude and flexibility to define what counts as an appropriate circumstance to waive Miranda rights.

A Federal Bureau of Investigation memorandum reviewed by The Wall Street Journal says the policy applies to "exceptional cases" where investigators "conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat." Such action would need prior approval from FBI supervisors and Justice Department lawyers, according to the memo, which was issued in December but not made public.

Matthew Miller, a Justice Department spokesman, said the memo ensures that "law enforcement has the ability to question suspected terrorists without immediately providing Miranda warnings when the interrogation is reasonably prompted by immediate concern for the safety of the public or the agents."

(Excerpt) Read more at online.wsj.com ...


TOPICS: Crime/Corruption; Government; War on Terror
KEYWORDS: domesticterrorist; holder; miranda; terrorist
WOT etc.
1 posted on 03/24/2011 9:23:52 AM PDT by Palter
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To: Palter

Can someone tell me, exactly, what rights a “Terror Suspect” has?


2 posted on 03/24/2011 9:27:24 AM PDT by RC2
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To: RC2
Can someone tell me, exactly, what rights a “Terror Suspect” has?

I would expect that a "terror suspect" who is an American citizen would have the same rights as someone who is suspected of, say, bank robbery.

3 posted on 03/24/2011 9:28:44 AM PDT by dirtboy
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To: Palter
Wait until they classify a tea-partyer as a domestic-terror suspect. This could be a slippery slope.

If a republican administration had done this the libtards and msm would be having a major hissy fit. Obama and Holder are such hypocrites.

4 posted on 03/24/2011 9:30:48 AM PDT by BBell
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To: dirtboy
Doesn't sound like they have any rights until the police/FBI decides they have rights--not even the rights given foreign terror suspects.

vaudine

5 posted on 03/24/2011 9:31:52 AM PDT by vaudine
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To: Palter

i guess some people are more equal than others. all you have to do is call someone a terror suspect, and all sorts of nasty things kick in. who tracks these labelings for accuracy?


6 posted on 03/24/2011 9:32:04 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: dirtboy

And those that are not American Citizens? I would think that they have the right to a speedy trial and immediate hanging if found guilty. All survivors of this should be shot.


7 posted on 03/24/2011 9:32:04 AM PDT by RC2
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To: RC2
Shrug, why wouldn't a domestic terrorist have, er, rights?
8 posted on 03/24/2011 9:32:31 AM PDT by Palter (If voting made any difference they wouldn't let us do it. ~ Mark Twain)
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To: Palter

Specifically changed to allow longer holds on Tea Partiers, FReepers, and others who terrify the administration.


9 posted on 03/24/2011 9:36:20 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Palter

I was thinking more on the lines of foreign terrorists that enter this country.


10 posted on 03/24/2011 9:42:01 AM PDT by RC2
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To: RC2

Anti-abortion protesters will soon be labeled “domestic terrorists”. The Feds have already used RICO against them.

Tea Partiers will be next.


11 posted on 03/24/2011 9:56:21 AM PDT by BwanaNdege ("All it takes for Evil to triumph is for good MEN to do nothing." Edmund Burke)
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To: RC2
I was thinking more on the lines of foreign terrorists that enter this country.

The problem is, Obama, Holder and Napolitano are not.

12 posted on 03/24/2011 10:07:29 AM PDT by dirtboy
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