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BREAKING: NBC Reporting that Suspect #2 has been Mirandized by the FBI
Twitter ^

Posted on 04/19/2013 7:03:31 PM PDT by Perdogg

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1 posted on 04/19/2013 7:03:31 PM PDT by Perdogg
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To: Perdogg

Holder made a call on behalf of the Kenyan Muslim.


2 posted on 04/19/2013 7:04:23 PM PDT by Third Person (Welcome to Gaymerica.)
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To: Perdogg

Oh well that’s certainly a relief.


3 posted on 04/19/2013 7:04:34 PM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
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To: Perdogg

Not a surprise.


4 posted on 04/19/2013 7:05:10 PM PDT by Cicero (Marcus Tullius)
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To: Perdogg

contradicts multiple other reports.


5 posted on 04/19/2013 7:05:13 PM PDT by M. Thatcher
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To: Perdogg

wonder whether the 170 or so victims of this idiot where read the rights?


6 posted on 04/19/2013 7:05:22 PM PDT by Daryl Dixson (7.62 x 51 Diplomacy)
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To: Perdogg

And his response was?


7 posted on 04/19/2013 7:05:32 PM PDT by doc1019 (There is absolutely no difference between pro-choice and pro-abortion.)
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To: Perdogg

But I thought he had been assigned the title of !”public safety hazard”-thats what Carman said..


8 posted on 04/19/2013 7:05:34 PM PDT by seeker41 (Take back your country before it is too late)
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To: Perdogg

So, will Holder be representing the defendant. LOL


9 posted on 04/19/2013 7:05:54 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: Steely Tom

My biggest fear was that they would hurt his feelings and call him bad names................


10 posted on 04/19/2013 7:05:55 PM PDT by basil
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To: Perdogg

Dammit, wanted the little dope to off himself. Is it wrong for me to think that, now he’ll be pampered and treated like a little prince in prison our dime.

(Only thing now is I wish for him to be waterboarded. Is that so wrong, too?)


11 posted on 04/19/2013 7:06:41 PM PDT by Thorliveshere (Tais deau sá taghdedaul!)
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To: Daryl Dixson

Is Lynn Stewart available ?

Oh wait ..


12 posted on 04/19/2013 7:06:54 PM PDT by Col Frank Slade
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To: Perdogg

Well he is a citizen, he took his oath to become a citizen and in irony, on September 11th last year.


13 posted on 04/19/2013 7:07:05 PM PDT by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
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To: Third Person

You will never win a war against an enemy if you refuse to recognize that the enemy is at war with you....... This whole Administration is corrupt, and they have American civilian blood on their hands.


14 posted on 04/19/2013 7:07:21 PM PDT by Typical_Whitey (Expose Obama's radical agenda at every opportunity, or be enslaved by it.)
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To: Perdogg

And of course they’ll order him special Halal meals.


15 posted on 04/19/2013 7:07:37 PM PDT by dfwgator
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To: Perdogg

Oh Goodie..the schmuck gets right..yet his victims get nothing


16 posted on 04/19/2013 7:07:46 PM PDT by Sarah Barracuda
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To: Perdogg

OK this was not an enemy on the battlefield in a foreign country, thi was (technically) and American citizen on US soil.

So I have no problem with this

I DO have a problem in general with cops having to tell people their ‘Miranda rights’. If you are born and educated in this country you should be taught this in school. It is not but a tool to trip up police and get filthy criminals released on a technicality.


17 posted on 04/19/2013 7:07:54 PM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: Perdogg
If true, this is incredibly stupid. Because there is a strong possibility of continuing danger to the general public (explosives, etc. that haven't been located), officials can question him without Miranda about dangers to the public, and statements he makes can be admissible.

Giving him Miranda just increases the likelihood that he'll lawyer up...

18 posted on 04/19/2013 7:07:58 PM PDT by 101stAirborneVet
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To: Perdogg

Ok, I watched the “we won” news conference. I’m happy they caught the guy, and all that.

With that said, I found the Miranda exception question and answer to be odd. The guy is an American citizen, on US soil. I cannot think of any reason NOT to mirandize the guy.


19 posted on 04/19/2013 7:08:56 PM PDT by laxcoach (Government is greedy. Taxpayers who want their own money are not greedy.)
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To: Perdogg

Will Obammy invite him to the Whitey Hut?


20 posted on 04/19/2013 7:09:03 PM PDT by Dallas59 (America died a little bit more on 11/6/2012)
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To: Gator113
So, will Holder be representing the defendant.

No.

The Evil-Doer said he wants a real lawyer.


21 posted on 04/19/2013 7:09:11 PM PDT by Iron Munro (Welcome to Obama-Land - EVERYTHING NOT FORBIDDEN IS COMPULSORY)
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To: Perdogg

“... nor shall be compelled in any criminal case to be a witness against himself ...”

Pretty clear where the constitution says.


22 posted on 04/19/2013 7:09:21 PM PDT by sagar
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To: Perdogg

JUST IN: No Miranda warning being given to suspect because government is invoking the public safety exception, DOJ official says— CBS News (@CBSNews) April 20, 2013

CBS tweet

23 posted on 04/19/2013 7:09:30 PM PDT by M. Thatcher
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To: M. Thatcher

Exactly. Word was he was NOT read his Miranda rights under an exception that has to do with public security or something.

Heard it twice, once I think from the federal DA of the Boston area.


24 posted on 04/19/2013 7:09:33 PM PDT by Arlis (.)
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To: Perdogg

25 posted on 04/19/2013 7:09:37 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Perdogg
Break out the waterboard.

Seriously.

26 posted on 04/19/2013 7:09:56 PM PDT by E. Pluribus Unum ("Deficit spending is simply a scheme for the confiscation of wealth." --Alan Greenspan)
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To: Perdogg

So, they wanted to make sure he was captured alive so the authorities could ask him thousands of questions to find out why and who was involved.

But, now, the government is telling him that, he doesn’t have to say anything.

With that contradictory set of positions, wouldn’t it have been preferable to have him go meet his brother in hell?


27 posted on 04/19/2013 7:11:56 PM PDT by adorno (Y)
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To: Perdogg

Unless you are less than 10 years old you can bet this scumbag will still be alive, filing appeals and living on the taxpayer when you are long gone.


28 posted on 04/19/2013 7:12:40 PM PDT by Iron Munro (Welcome to Obama-Land - EVERYTHING NOT FORBIDDEN IS COMPULSORY)
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To: Perdogg
And just to clarify in case anyone isn't clear, the Miranda warning is only required for a "custodial interrogation". Two prongs must be met to require Miranda: the person must be in custody (not permitted to leave), and the person must be questioned. If both/i> of these things happen without Miranda, then statements are generally inadmissible. There is a public safety exception to this rule, in that if it can be reasonably demonstrated that there was some imminent danger to the public, a suspect may be questioned about things like "where is the bomb?". If he says "it's under the boat", that statement can be used against him even if he didn't invoke on Miranda warning. So there's really no point to read him Miranda this early in the game, unless someone doesn't want him to talk and hopes he lawyers up.
29 posted on 04/19/2013 7:13:01 PM PDT by 101stAirborneVet
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To: 101stAirborneVet
And just to clarify in case anyone isn't clear, the Miranda warning is only required for a "custodial interrogation". Two prongs must be met to require Miranda: the person must be in custody (not permitted to leave), and the person must be questioned. If both of these things happen without Miranda, then statements are generally inadmissible.

There is a public safety exception to this rule, in that if it can be reasonably demonstrated that there was some imminent danger to the public, a suspect may be questioned about things like "where is the bomb?". If he says "it's under the boat", that statement can be used against him even if he didn't invoke on Miranda warning.

So there's really no point to read him Miranda this early in the game, unless someone doesn't want him to talk and hopes he lawyers up.

[Format fix.]

30 posted on 04/19/2013 7:15:07 PM PDT by 101stAirborneVet
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To: Perdogg

Does Mirandized mean water boarded in Chechen?


31 posted on 04/19/2013 7:16:14 PM PDT by jwalsh07
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To: Perdogg

All the big shots and union seniority will go home now... leaving the few rookies behind as sitting ducks for another attack...

The Sheriffs in your counties had better start recruiting, deputizing, and arming civilians.

When these terrorists see the disarray caused by two young snot nosed kids, they will hit us again...

This was a test run.


32 posted on 04/19/2013 7:16:57 PM PDT by Sir Francis Dashwood ("Arjuna, why have you have dropped your bow???")
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To: Perdogg

He’s a U.S. citizen. Whether he should have been allowed to become one is a good question, but the fact is that he is a citizen.

U.S. citizen arrested on U.S. soil had better get due process.


33 posted on 04/19/2013 7:17:30 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Mr. K
Dear Mr. K,

This was an illegal enemy combatant committing acts of war and terrorism against the United States on behalf of a foreign power. It is not subject either to treatment as a civilian offender or as a prisoner of war.

It may be legally forced to answer questions, even by physical force, and then taken out and shot without trial.

It turned the streets of Boston, Cambridge, and Watertown into a battlefield, using munitions and ordnance, launching explosives at local, state, and national law enforcement, and possibly at military troops, in the persons of National Guardsmen.

The current usurper in the White House will not do what needs to be done, but what needs to be done is to torture this piece of shit over a period of days or weeks to obtain from it any useful intelligent, and then kill it. A big can of Raid would probably end the cockroach just fine.


sitetest

34 posted on 04/19/2013 7:18:48 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Sir Francis Dashwood; Perdogg

When these terrorists see the disarray caused by two young snot nosed kids, they will hit us again... This was a test run.

35 posted on 04/19/2013 7:18:56 PM PDT by Old Sarge (My "KMA List" is growing daily...)
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To: 101stAirborneVet
The reports have been when there is an immanent danger to public safety they can over ride Miranda as an exception. Also reported he was 'severly injured' from firefight last night. They actually "extracted" him from the boat.
36 posted on 04/19/2013 7:19:21 PM PDT by caww
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To: Thorliveshere

>Only thing now is I wish for him to be waterboarded. Is that so wrong, too?

Only because it’s much too mild. I can think of much more painful ways to make this islamopunk regret harming innocents.


37 posted on 04/19/2013 7:20:33 PM PDT by soycd
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To: 101stAirborneVet

The remedy for a Miranda violation is to not admit the statement or anything derived from it into evidence (fruit of the poison tree). If they’ve got the guy on video dropping the bomb plus other evidence, they don’t need his custodial statement to convict him.

Now, what might be going on is that he clammed up and they’ve Mirandized him so they can appoint a Public Defender who will tell him either (1) STFU until there is an agreement to not see the death penalty or (2) spill his guts so he has a chance at avoiding the death penalty.


38 posted on 04/19/2013 7:21:43 PM PDT by Chucky is a girlie man
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To: Perdogg

So now he’ll lawyer up — and his legal team will no doubt be pals or at least associates of Holder, whose law firm defended some of the Gitmo terrorists before he became AG. It is truly barfworthy.


39 posted on 04/19/2013 7:21:46 PM PDT by Yardstick
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To: 101stAirborneVet

Give him a quick military trial and shoot him at dawn. Who does the creep think he is, O.J. Simpson. Why should he have a trial that drags on for years.


40 posted on 04/19/2013 7:21:50 PM PDT by Ciexyz
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To: Perdogg

This cannot be right—the US Attorney just minutes ago said that they were going to use the National Security exception to the requirement to the Miranda steps.

If true, somebody high up interfered VERY QUICKLY. I’m holding up believing this until I hear credible confirmation.


41 posted on 04/19/2013 7:22:14 PM PDT by House Atreides
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To: M. Thatcher

.....”No Miranda warning being given to suspect because government is invoking the public safety exception, DOJ official says’......

That was my understanding too...that they have reason to envoke the exception. The question is ..since he’s now apprehended is he still a threat to the public safety...so they’ll be splitting hairs on this.


42 posted on 04/19/2013 7:22:35 PM PDT by caww
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To: caww
Correct. When I was a police officer I questioned many suspects without Miranda.

Example questioning of robbery suspect:

Where did you throw the gun? Come on man, Some little kid is going to find that gun and get hurt.

I threw it in that dumpster over there.

Boom. Admissible as evidence, but you have to stop questioning there, until you Mirandize.

43 posted on 04/19/2013 7:23:16 PM PDT by 101stAirborneVet
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To: Perdogg

BREAKING NEWS:

The Sun will rise in the East tomorrow morning.

Of course they did. This has to count as one of the most moronic threads ever on FR. What did you expect them to do, recite the Miller’s Tale from Chaucer?


44 posted on 04/19/2013 7:23:38 PM PDT by centurion316
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To: Perdogg

so now this can become bozo’s nightmare and he and his regime can deal with it


45 posted on 04/19/2013 7:24:01 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Mr. K

One of the first things that happens at Parris Island (and probably San Diego, too) is that new arriving boots are given a class on the UCMJ so that they can’t plead ignorance of it when they screw up later.


46 posted on 04/19/2013 7:24:46 PM PDT by Past Your Eyes (Never attribute to malice that which is adequately explained by stupidity.)
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To: Cicero

Acually....There’s an exception for a terrorist


47 posted on 04/19/2013 7:25:12 PM PDT by Sacajaweau
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To: Perdogg

There is no reason NOT to mirandize.

In the first place, the guy has spent the last 10 years living in Boston. I recall seeing a passing reference to him watching CSI as I rolled down his old twitter postings. Telling him miranda rights is not telling him something he does not already know. That’s quite different than taking into custody some ignorant terrorist in Afghanistan. Telling that guy he doesn’t have to talk and can get a free lawyer if he wants could make a huge difference.

Secondly, Holder and Obama will NEVER authorize enhanced interrogation. So they aren’t really going to interrogate him anyway. If the guy decides to talk, it’s not going to be because he doesn’t know about his miranda rights.

So the reality is, in this situation we don’t gain anything by not mirandizing him, and not doing just gives an opening to his lawyer to try to explore whether not mirandizing was really justified under the exception.


48 posted on 04/19/2013 7:25:20 PM PDT by Meet the New Boss
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To: laxcoach

agree totally, he become an American citizen and now he has rights and so bozo can deal with all the aftermath plus the left is against the death penalty so what will they push for


49 posted on 04/19/2013 7:26:11 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Meet the New Boss

Please see my post #43 on this


50 posted on 04/19/2013 7:26:21 PM PDT by 101stAirborneVet
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