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
...We need to find, fix, and kill his chain of command, and most of them are not here...
You won't get any complaints from me. The course of action you propose is the entire reason 1st SFOD-D ("Delta Force") was created.
what’s the latest on this?? The can only ask limited questions under the safety exemption.
If this kid lives and he hasn’t been mirandized yet and they have questioned him this will be headed for SCOTUS.
I can imagine some overzealous you killed cops kind of guy overstepping their bounds.
I don’t know that he has met any of the elements of treason, but perhaps the investigation will reveal something. The spy case that I was involved with was certainly treason, but that charge was never brought, only espionage. In fact, that dirtbag was tried in a German court, not a U.S. court.
A U.S. citizen can become an enemy combatant, but he would need to join a military or insurgent group that is an enemy of the U.S. Probably doesn’t apply here.
This guy will soon have one of the Left’s best lawyers who will go after any misstep by LE.
With or without Miranda, this terrorist doesn’t have to say one word and he know that much.
They're not interested in asking him questions about HIS crimes. They already have enough on him to convict and sentence him to death.
They want to find out what he knows about all the OTHER people involved, in exchange for a plea bargain of life in a pleasant prison.
Yep. Consider all the havoc and expense that a single team of jihadis caused in Boston.
Now consider the chaos that can be caused by a thousand teams.
It's only a case for SCOTUS if his own statements are used to convict him of a crime.
There's plenty of evidence to convict him if he never says a word, and if he makes statements that are used to fly drones to Turdistan and kill his buddies, well, çest la guerre.
Thanks for the kind words.
My point anyway is somewhat theoretical - there is so much evidence already in possession against this guy that the miranda point we are discussing probably is not significant one way or another.
This is a slam dunk case from an evidence point of view. I don’t see anything significant right now that a defense lawyer has to work with - unless the cops or prosecutors foolishly screw up and hand them something to work with, and I would hate to see that.
Because of the overwhelming nature of the evidence, and assuming no screw-ups on our side, there should be no serious chance of this going to trial. The negotiating between the two legal sides should quickly arrive at negotiating over penalty in exchange for cooperation.
Of course if Holder won’t seek the death penalty, that weakens the government negotiating position. On the other hand, if this guy is a true believer, he may WANT to be put to death by the US and go collect his virgins, so it depends. And in that case, he’s certainly not going to cooperate and tell what he knows about other members of the terrorist cell or network.
I just heard the most amazing thing on Fox News from Allison Camerada and Brian Kilmede, neither one the brighest bulb on the porch. They both said that the surviving bomber had not yet been granted his right to silence via the Miranda warning. Allison said, “he doesn’t have a right to silence”.
Well, Allison, he does. The government does not grant this right, you have it and can hide behind it in criminal proceedings. If this guy were to recover and start talking, any evidence from that discussion would be challenged in court. The public safety exception that is being discussed may or may not apply as determined at trial. That seems to be a risk not worth taking. This guy is both smart and educated and certainly knows his rights, so informing him of those rights does not seem to pose a great risk.
His medical condition may be the real reason for the delay, although if they have already been read, then the delay isn’t real. The ignorance of the Fox News folks is rather remarkable.
Wow, you sound like you were important. All those big important decisions that us mere serfs could never hope to understand.
Waterboarded? Now that would be too easy. I was thinkng more along the lines of nonstop Jonas Brothers and reading the entire ObamaCare act.
Either that or shove redhot needles into his scrotum until he talks about higher-ups that trained him and mentored him. Every name that he gives, kill that person after getting 10 more names from them. And so on and so on...
Kill them by public hanging and pick from a poll of wounded soldiers or deceased soldiers families as to who gets to slip the rope around their necks.
One condition... the wounded soldier or family member must spit in the face of the Muzzie right before sliding the cover over their heads. Thats to ensure that the last thing these Muslim’s eyes ever see is an American spitting in their face.
You're like Humphrey Bogart, you were misinformed.
added to the irony of the COEXIST sticker on the 'jacked car..
Halal meals, a cell to himself, an Internet connection and DirecTV with Al Jazzera..
Thanks for posting your comments.
During WWII, an uncle by marriage and a US citizen and vet of WWI with German parents, who had become American Citizens, turned his two uncles in for being active Nazis in America. They were supposedly American citizens.
His uncles were interrogated by the FBI and arrested for having Nazi literature in their homes and for holding pro Nazi Bundt meetings.
The uncles were put into a high security prison until the end of WWII. Then, they were sent back to Germany. I don’t remember anyone talking about them after that.
Their German wives, who had become American citizens were put under custody in a former mental institution and were allowed to have visitors. After WWII was over, they stayed in America until they died.
U.S. citizen arrested on U.S. soil had better get due process.
Unless he has committed a terrorist act in service to a foreign power.
In which case his ass is grass. Literally. And legally.
Dzhokhar Tsaraev acted as a traitor and committed a terrorist act against the country and thereby sacrificed all rights of citizenship. Instead, he qualifies as an “enemy combatant” — a status which doesn’t even qualify for protection under the Geneva Convention.
Tsaraev belongs in a military court — where he would be sentenced to death.
See Ex parte Quinn (1942).
Blindfold him with a large slice of bacon.
It also occured to me this morning that in the more specific case of spillover from Chechnya, why would terrorists from Chechnya or Dagestan (etc.) fear U.S. drone strikes?
Since this guy is a naturalized citizen will he get the death penalty as a domestic terrorist. Or will he be like William Ayers be able to be university professor, all because he had a rich daddy.
Obama and all his connections to radical, terrorists, malcontents, derelicts and deadbeats have come home to roost. 20 years in the pew of a radicalized preacher was for more than show he was further indoctrinated in his hatred for whitey and the rich. Wait is not Obama rich too!
The difference is that between breaking the law as a citizen and taking up arms against your country, which you do at the disregard of your citizenry.
He should be seen as an enemy combatant with a group of people we are at war with (Islamofascist terrorists) and, rather than being read his rights and arrested, we should be waterboarding him trying to find out who else is in his cell and what their next actions are against this country.
If there is an extended cell and they commit another attack on this country, the blood of those victims will be directly on those who decided to follow the route of arresting him as a criminal.
Common misconception there. No one, cops or otherwise, has to read a hoodlum his rights. They just can’t use anything he says before that reading against him. In the case of this dirtbag the evidence pile is a mile high and he’d be tried/convicted whether he mumbles anything or not. As the US atty noted they want to get everything they can from him before a lawyer clams him up. We really really want this peebrain to spill his guts about his contacts, money, weapons, training, und so veiter. And by the way: where did a 19 year old get a pistol and what was it?
LOL, good one.
Hey, it’s not my fault that you acted as if Chechnya was part of the U.S.
Live with your words.
” Dzhokhar Tsaraev acted as a traitor and committed a terrorist act against the country and thereby sacrificed all rights of citizenship. Instead, he qualifies as an enemy combatant a status which doesnt even qualify for protection under the Geneva Convention.
Tsaraev belongs in a military court where he would be sentenced to death.”
I'm not promoting anything. I'm just reporting the established law that applies to Dzhokhar Tsarnaev's case -- according to SCOTUS.
I'm not giving Obama any powers he doesn't already hold. Which serves to emphasize the point that we should be very, very careful about who we elect to high office.
Ex parte Quirin is shakey at best in its application to this case.
First, only one of the 8 Germans was a U.S. citizen. So the case of those seven doesn’t apply.
As for the one that was a U.S. citizen, the case hinged on war powers of the POTUS. We aren’t in a declared war and the current POTUS has declared publicly that the war on terror is over. We have specifically stated that we are not at war with Islam and we clearly are not currently at war with Russia.
Like many SCOTUS decisions, this one is heavily flawed. It draws no distinction between citizens and noncitizens. How does a citizen prove that they are not a foreign combatant, if they are not afforded Constitutional rights? Indeed, why are they having to prove their innocence in order to get a customary trial?
Providing the POTUS the ability to declare citizens to be less than citizens defeats the entire purpose of the Constitution. Constitutional protections are intended to keep us safe, no matter who is elected.
“..where did a 19 year old get a pistol and what was it
When the brothers ambushed the MIT cop, it was reported that they took his weapon(s).??
Haven’t heard anything more about that since that incident occurred nor how they were able to ambush him. Sketchy...
The other seven aren't in question. Only the one who was a U.S. citizen -- just like Dzhokhar Tsarnaev.
As for the one that was a U.S. citizen, the case hinged on war powers of the POTUS. We arent in a declared war and the current POTUS has declared publicly that the war on terror is over.
Ah, but we are. The Resolution for The Use of Military Force IS a "declaration of war".
And there are specified formal measures that have to be taken in order to end a war -- starting with a formal process declaring the "end of hostilities" and requiring Congressional assent. Bush took this step in Iraq.
Obama may have said the War on Terror was over...but he has never formally ended it. In Afghanistan or anywhere else. We remain in a state of war with the forces of Islamic Terror.
Based on his appearance, I wonder how he will do in prison?
Acting as the young terrorists defense team, "Please produce the document that says that." So goes the problem of not actually acknowledging that we are in a war with Islam.
He isn't an Afghani and you may never find proof of a direct connect (beyond Islam) with Al Queada.
“My question is, why didn’t they use a drone to find this bomber?”
Why waste the money? The way that guy was bleeding out, any average blood hound could have found him.
When he was discovered by the man who owned the boat, they sent in one of their helicopters to determine if they could detect a heat imprint in the boat. They did and they then knew whoever was bleeding out in the boat was still alive.
In your opinion, what prevented FDR from declaring any U.S. citizen a combatant of a foreign power?
SCOTUS decisions are not replacements for the Constitution. Either you have rights or you don’t have rights. If you only have rights at the discretion of the POTUS, then you have no rights.
Given their stated desire that all terrorists be white, right-wing extremists, its damned scary.
I didn't give them to him; the Constitution does. According to SCOTUS.
Indeed, it is.
Like I said, as a country, we need to be more careful about who we elect to high office.
I should have been more specific with my question.
Why didn’t they use a drone during the day instead of having the entire police force out there? Couldn’t a drone detect a body in a shed or boat? Couldn’t a drone have flown further than the area the police was focused on?
When the civilian saw the blood,it became a no brainer at that point. There was no longer a need for bloodhounds.
At my former (large, industrial) employer, we had a phrase to describe what happened when the "suits" were on tour:
However the prospect of heavy overtime hours for unionized LEOs potentially funded by the fedgov cold have been a motivator also.
I agree 100%
I don’t know where you’re getting your source of news, but she was with the FBI units the whole time .. I saw her more than a few times.
Well, I think I did say she was a DA, but I probably just heard her say “attorney” and “district”, and put the two together. I hope that’s not a capital offense ..??
If the terrorist would have been marandized already, there would be no need for a terrorist interrogation group to be waiting to talk with the guy. I’ve heard that mentioned several times. Evidently, that’s supposed to take place shortly - or maybe it already has since they are talking about the FBI searching for these 12 terrorists.
Maybe you should stop getting your info off Twitter.
I didn’t state that the FBI had mirandized the guy.
I said “it wouldn’t surprise me if the FBI had mirandized the guy.”
Do you understand the difference between the two sentences above?
Obama wants to promote neuroscience. Remove the kid’s brain and stem from his body, keep it alive, and study what makes him tick.
If your point is why was I hesitant to take this woman’s word for it on the miranda point, since after all she is the US Attorney on this case, it’s because unlike the typical case in her office, she is not calling the shots here - all the important decisions are being made by main Justice.
Had she read a prepared statement that covered the miranda point, we could be sure the prepared statement had been vetted by DC and I would put stock in that.
But she was just responding off the cuff to a question. I wanted to hear it from main Justice or the FBI to know for sure.
Don’t try to make me look stupid .. because I’m not.
Your statement said the FBI marandized the guy.
Now, you are squirming in your lie and you want to try to pass the buck.
Stop posting stuff to me .. I don’t want to have any more conversations with you.
“Your statement said the FBI marandized the guy.”