Skip to comments.BREAKING: NBC Reporting that Suspect #2 has been Mirandized by the FBI
Posted on 04/19/2013 7:03:31 PM PDT by Perdogg
click here to read article
Amen to every word you wrote! Furthermore, for everyone patting themselves on their backs. The fact is a 19 and 26 year old were capable of advancing their agenda against a small army and tremendous amount of resources. They were capable of injuring 200 and killing 5 or 6 inside of 5 days while causing enormous amount of property damage. No matter how you slice it, this is not good. I do not mean any disrespect to the law enforcement involved as they just follow orders, however the results do not bode well for management. There are far too many people everywhere, including on this site who just turn a blinds eye to the ramifications of what just occurred. I hope this changes a lot of peoples minds and pushes them towards protecting this nation and freedom, which include the principles of conservatism and self-determination and liberty.
My concern as well... A test run. No one will convince me there weren’t more people involved in the plot.
I wish they’d blasted him like his brother.
.... However, The second he took up arms against the US he probably lost his standing as an American Citizen.
I am disappointed that you, claiming to have been a commissioned officer, posted this:
I see that I need to converse (talk) at a third grade level:
Bad man is not being bad anymore. He is now behind bars (arrested). Bad man will be brought into court. Lawyers will talk to Judge. Judge will consider Law and Constitution. Judge will rule based on law and evidence.
I am also disappointed that you, claiming to have been a commissioned officer and a convening authority, seem to have little understanding of what you are talking about.
This didn't happen on a military installation. Civilian law enforcement is completely different.
I do not assert that Mirandizing him makes him a suspect.
I only mean to address anything learned from him. I want any potentially useful information learned from him to be admissible. Is there any such information? I don't know. Will he say it? I don't know.
Its when the entirety of the circumstances require that you treat a person of interest as a suspect that you are then required to respect certain constitutional rights and if you wish to question him, then mirandize him.
I mostly agree with this, except that it must be a custodial relationship. Merely suspecting someone of a crime is not enough, but that doesn't really apply here, I just point it out procedurally. If someone is free to leave but I suspect them of a crime, I can question them all day and the results will be admissible. The moment they either A) incriminate themselves, or B) are in my custody and not free to leave, the courts will begin to discern whether any statements made to me were done with an understanding of their rights.
In this case, that entire construct can be ignored by asking specific questions related to public safety. I see we have differing views about how to apply this stuff; I must say it's a pleasure discussing it with someone who knows what they're talking about. Hopefully we can get some clarity about their decision in the coming days if they either justify, or fail to justify, whatever way they chose to play this.
It's past my bedtime - have a good night and thanks for the discussion.
He’s got a one way ticket to ADX Range 13
I think the truth is somewhere between your opposing positions.
It IS true that “the fear of the U.S.” can be quite effective, especially when directed at foreign leaders. Excellent, easily documented examples are certain former dictators Musharraf and Gaddafi, and that was well before the advent of drone strikes. I would certainly look forward to seeing Southack’s links.
On the other hand, the Israelis have been fairly effective at taking out terrorist leaders for many years, and that hasn’t deterred Hamas or Hezbollah much that I can tell.
I also doubt that in many cases a suicide bomber or a terrorist willing to strap a bomb onto himself to blow himself up with others, rather than being captured, is worried too much about U.S. drone strikes. As was learned in the Iran-Iraq war, or even in the second Gulf War, there are PLENTY of fanatics perfectly willing to go out on suicide missions. Higher-ups in the organization very well might worry about their own skins, but might be just as likely to try to further remove traceable links to themselves, as to give up their “Holy War”.
Here within the U.S. there is another factor, which I was discussing with my wife, earlier today. Here, the media publishes virtually every detail of how suspects (such as the Boston Bombers) are found. This of course includes what actions and mistakes the suspects make, even if the mistakes are not always identified by the media as such. The two Boston Bombers clearly made many such mistakes that could for the most part be easily avoided by the next terrorists. These bombers also failed to take many actions that would have made them harder to find — they really seem to have been amateurs in many ways, even if their intent was simply to create havoc as long as possible.
Taken a step further, the fact that these two, and especially Dzokhar Tsarnaev, got as far as they did, while being as inept as they were, in the midst of an incredible law enforcement presence, would tell any foreign power willing to risk conflict with the U.S. in the first place, that here lies a golden opportunity to create extensive havoc in this country.
However, if it were me in charge I'd take a different tact. His mom has been charged with shoplifting $1624 worth of clothes from a different branch of the store whose video id'd her sons. She hasn't gone to trial yet. Yet she was defending her sons by phone today... from Dagestan! Why was she allowed to leave the country? Does anyone think she'll voluntarily return for that trial now? I'd up her ante with felony charges for fleeing prosecution, plus anything else they can allege, then ring Putin directly to have her extradited back here pronto. Putin may not like us, but he hates the Chechens and is smart enough to see his advantage in helping this time. Hold her without bail, as a flight risk, in a Boston jail. Then talk to young bomber...
like a little princess (we hope).
his US citizenship can be revoked
Who cares if he gives a statement or not. Seriously. Give him all the rights he needs because the case against him is about as solid a case you could conceive of. When he is convicted and is waiting on death row led him flounder around in the Aryan brotherhood wing of some prison where he can be their little girl and beg for mercy or more whatever his inclination might be.
“And of course theyll order him special Halal meals.”
You KNOW they will!!! /s
As an aside I feel Miranda rights have been taken too far, but I'm not aware of any exemption from them for unconvicted traitors. Once convicted I'd give traitors everything allowed when the 8th was ratified.
Or, have a nice gig as a adjunct professor at Brown University or Columbia 20 years down the road.
Order it that’s fine, give it to someone else, and give him pork.
I would say shocking, but then I’d be passing false witness.
I am so done.
I dunno, I wondered from the go how come Delta wasn't on scene. This was an act of terrorism; an act of war. I do not see how Posse Commutatis(sp) comes into effect, or how this is a law enforcement issue.
Hopefully spiked with pork.
Agreed! This kid is no hard case, we will get to the bottom of things here.
Aw-oh, that is not good. The officials at the news conference said that he had not been mirandized and would not be because he was considered an enemy combatant, a terrorist.
You poor thing. I named Chechnya, Yemen, Somalia, Afghanistan, Pakistan, etc...
They told you those places were in the U.S.?!
We all knew it was coming, hence the gun control.
Not a matter of if, but when. Now we know.
And they know A LOT more than they are telling us. Just a matter of who is on who’s side.
That’s the scary part.
If someone is in custody, and the police want to present his statements as evidence at trial, they must Mirandize. You are correct in that evidence obtained which is not the result of a Mirandized statement can be used to convict. It happens all the time where a suspect clams up, but there is enough to convict anyway.
They clearly DID have connections in the Chechen terrorist world. According to the latest article on WaPo:
‘Also Friday, the FBI confirmed that its agents in Boston had interviewed Tamerlan Tsarnaev in 2011 at the request of a foreign government. A law enforcement official said the request came from the Russian government, concerned about Tsarnaevs potential ties to Chechen terrorists. But, after that interview, the FBI did not follow him further, officials said.’
Actually that is good. I would have preferred the effer be dead, but if they are treating him as a terrorist, WHICH HE IS, that’s good news.
I’m going to go pet and love my kitties, if they allow me, for some relief.
Yeah were is Cheney when you need him.
Same here. See this video for clue.
No Miranda and then this. Interesting.
Thank you. I saw that they had contact with him previously, but did not know who they were requested to contact him by or anything else. It’s horrific that these people can be “known” by multiple agencies and not followed at all. But, that is the reality, and always has been...
I’m seeing this the same as you in regard to this kid being “trained” since his earliest years to wage a war of this sort. So many here in America just really have no clue what these people have gone through, and what they’ve experienced, and what they’ve been taught by their experiences. These are not “kids” in the sense of the term we would use here in the US... It’s like the kids growing up in Gaza - there are certain things they are taught that makes them likely to commit these acts. Same with these “kids” from Chechnya. It’s a totally different world for them, and people just don’t get it.
[Sorry for the semi-rant - have heard so many people on other websites bemoaning the fact that these kids are so young, and they can’t be islamic terrorists! As if because the kid was at Dartmouth means he can’t be a psychopath? It’s even worse than that really because these people are technically “sane” and intelligent, they are just completely twisted.]
federal charges not state, and I THOUGHT THE LEFT WAS AGAINST THE DEATH PENEALTY.
I wonder if they had hit small town in the south and not liberal yuppie student Boston the death penalty and Miranda rights were have been done
agree but now it’s been reported that he will have no Miranda rights but the likes of Bin Ladens drivers and other get them.
This administration is so screwed up
The only comment I can make on this or any like thread is my tagline. It remains as true now as in the past. People forget too easily and Proglodytes are Muslim apologists.
Likely just CYA thing.
How many lawyers are lining up for this guy?
How many ‘civil rights’ violated technicalities are they going to try and pull?
There is a clear and present danger in treating him as a common criminal...
He doesn’t have anything to offer, but he will confirm his militant Mohammedanism.
I’m beginning to think you stayed in a Holiday Inn Express last night...
well put..I agree.
Go fork yourself...
All the big shots and union seniority will have their press conferences patting themselves on the back, then go home... leaving a few rookies behind as sitting ducks for another attack...
The Sheriffs in your counties had better start recruiting, deputizing, and arming civilians.
These people are from Chechnya, those are the same people who massacred the school kids in Beslan and took the Moscow Theatre hostage.
Newtown should have been a warning to have security officers and/or armed teachers at every school in this country, because our enemies mean business.
Remember that Unabomber liberal kook?
Same thing here... just more of them...
Aided and abetted by the liberals in the media and the “Hate America First” radical faculty members of academia and lunatic Hollywood.
Sen. McCarthy was right, and so was Marlon Brando...
Yep. I thought it very odd last night that as an American citizen, they could avoid reading him his rights. I didn’t even know there was a “public security exception” or whatever it’s called until I read it here. So I figured that sooner or later he’d be Mirandized.
He is an American citizen. You can legitimately argue whether he should have been made a citizen or not, but if citizenship is to mean something, its rights have to be applied consistently.
U.S. Citizen. The Constitution applies, as do all other laws protecting citizens.
The fact that 90% of the media was supporting the idea that the terrorists were white supremist, Tea Party, Republicans, should give you pause and affirm the fact that you do not want U.S. citizens treated as military targets without due process. Even overseas, I’m a firm believer that U.S. citizens should not be specifically targeted without first having a trial in abstentia.
Chris Matthews would have started raiding Boy Scout Dens and arresting College Republicans for suspicion of treason, and is Matthews really cut from a different bolt of cloth than the Dems in the government?
The military wasn’t involved on the ground because they didn’t need to be involved on the ground. Terrorism is not an exclusively military issue. There was nothing that the Boston police and Federal LEOs needed that they didn’t have to conduct a large urban search. I would assume that they were much better prepared to do so than the military would have been. After all, its their city.
I'm not certain that it can be revoked, but he can be tried for treason, which he should be, and as all U.S. islamic terrorists should be.
Obama states on a semi-monthly basis how much better it would be if he were a dictator. That should give everyone pause on the idea of allowing him to decide Constitutional protections on a case by case basis.
So you want to allow Obama the power to take away Constitutional rights based on the word of Holder's justice department that you committed a terrorist act or planned to? Think about that for a long hard time. Who was it that Axelrod saide committed these bombings last Tuesday? Oh yea, people like us.
Absolutely try him for treason, yes, 100% agree, but do it in the civil courts where it belongs. He is a U.S. citizen, no different under the law than you or me. Non-citizens are a different case.
If this is what I think it is, Article III courts and their procedures don't matter at all.
I want as much information, as fast as possible, for use not by courts in a trial but by US and Russian special forces to prosecute in Pakistan and Chechnya (and maybe Saudi Arabia).
The kid is going to be convicted and executed, regardless of whether or not he is Mirandaized. We need to find, fix, and kill his chain of command, and most of them are not here and even if they are are not under the jurisdiction of Article III courts.
Yes- but how many ACLU lawyers were in line to defend him?
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.