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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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To: Perdogg

ABC reports:

“A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.

The federal government’s high value detainee interrogation group will be responsible for questioning him.

The Miranda exemption exists to protect the public safety from another attack, according to the official. “

Boston Bomb Suspect Captured Alive in Backyard Boat

http://abcnews.go.com/US/boston-bomb-suspect-captured-alive-backyard-boat/story?id=18994511&#.UXHvs0K6a0J


51 posted on 04/19/2013 7:26:34 PM PDT by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: Perdogg

No big deal. It only means that information they get can’t be used in court. The information about who his contacts are and who supported him and his brother is more important.


52 posted on 04/19/2013 7:27:15 PM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: 101stAirborneVet

I;m not so sure it’s that important at this point...not with all the evidence they have....the guys going to at minimum get life....might even try to plead insanity and under the control of his older brother.

The larger issue is getting what information they can....because since he is now in custody he’s no longer a threat to public safety.


53 posted on 04/19/2013 7:27:16 PM PDT by caww
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To: jwalsh07

“Does Mirandized mean water boarded in Chechen?” There was a time ‘Mirandized’ referred to that state of euphoria reached having dated Carmen. (Sorry. The Devil made me do it.)


54 posted on 04/19/2013 7:27:56 PM PDT by chulaivn66 (Semper Fidelis in Extremis)
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To: Sir Francis Dashwood
"When these terrorists see the disarray caused by two young snot nosed kids, they will hit us again..." - Sir Francis Dashwood

Ummm...No.

You haven't been paying attention. The Taliban in Afghanistan and Pakistan have been begging the U.S. to stop the escalated drone wars.

The President of Chechnya just begged the U.S. to not initiate a drone war there.

In Yemen, Somalia, Libya, Egypt, Jordan, and Syria jihadis and their Imams are begging the U.S. to stop the drone wars.

If you don't know about it, it just means that you haven't been paying attention to the changes in the world over the past 8 years.

The U.S. finally found the jihadis' fear-button, and we are pressing said button daily.

Ain't no one in Chechnya gonna come *close* to bragging about these Boston jihadist murders from the bombings and shoot outs because THEY DON'T WANT TO GET THEIR A$$3$ BOMBED!

It turns out that all of that talk about jihadis "never fearing death" is just bluster. They didn't mean it.

Around the world they are begging the U.S. to stop the drone wars because they fear the instant death from above taking them out after a computer ID's them.

Things are different now.

...just maybe you noticed that no one took responsibility for the marathon bombing?!

Now you know why.

55 posted on 04/19/2013 7:28:17 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: caww
"because since he is now in custody he’s no longer a threat to public safety"

it isn't about him, it's about his implements (does he have explosives stored in a storage unit somewhere, etc.) and knowledge of any other activities he was involved in that may be continued on by other parties.

It is not the bomber who is now a threat to public safety, just like my example in post 43.

56 posted on 04/19/2013 7:29:07 PM PDT by 101stAirborneVet
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To: Biggirl

But the law says if it is a Public hazard and an act of terrorism, there is an exception.
so what’s up?


57 posted on 04/19/2013 7:29:47 PM PDT by Recovering Ex-hippie (Go Galt!)
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To: 101stAirborneVet

Well, that’s the classic use of the public safety exception. (Good work, by the way.)

Here, the guy already knows he doesn’t have to talk to police. It’s hard to find a college student in the country who doesn’t know that.

And a lot of robbers actually wouldn’t want a kid to find his gun and get hurt or hurt someone. A lot of them may be robbers, but are still human beings.

But THIS guy is a jihadi terrorist dirtbag. Asking him “where are the rest of the IEDs?” isn’t going to make him more likely to tell you by not mirandizing him. He WANTS innocent people to get blown up by them.


58 posted on 04/19/2013 7:33:00 PM PDT by Meet the New Boss
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To: Southack

You make a great point! I sure hope you’re right.


59 posted on 04/19/2013 7:36:37 PM PDT by Randy Larsen (Aim small, Miss small.)
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To: 101stAirborneVet

I wish you the best of luck in trying to be rational and to inform uneducated posters.
My prayers are with you.ha.

“I was never a police officer or an attorney, but I did post on a computer in a Best western last night.”


60 posted on 04/19/2013 7:38:10 PM PDT by Recovering Ex-hippie (Go Galt!)
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To: SampleMan
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).

61 posted on 04/19/2013 7:38:46 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: Perdogg

Giuseppe Zangara (September 7, 1900 – March 20, 1933) was the assassin of Chicago mayor Anton Cermak.
On February 15, 1933 he shot at FDR and killed Cermack. Execution was 35 days later.
Damn those were the “Good Olde Days”!
My next door neighbor, Patrolman Fitzhugh Lee was FDR’s chauffer that day and was one of those who caught the perp.
Secret service were not responsible for FDR’s travel.


62 posted on 04/19/2013 7:39:24 PM PDT by GOYAKLA (Waiting for the Golden Screw to be removed from Obama's navel and his a$$ falls off!)
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To: Perdogg

Dirty bastards! (not saving language) They should have taken him to a black site and water boarded him!


63 posted on 04/19/2013 7:40:15 PM PDT by Bushbacker1 (Molon Labe! (Oathkeeper))
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To: Perdogg

According to CBS, he has/will not be Mirandized.


64 posted on 04/19/2013 7:41:15 PM PDT by ELS
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To: Dallas59

He can join Nassan at Fort Hood. It was workplace violence, doncha know. Oh Jeeves, come give me another massage.


65 posted on 04/19/2013 7:42:58 PM PDT by batterycommander (a little more rubble, a lot less trouble)
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To: Perdogg; All
Can't wait to see the stonewalling. The FBI interviewed his brother two years ago and now this. Just like 911, agents warned their superiors before the event and where ignored and hounded later.

Gross incompetence V2.0.

66 posted on 04/19/2013 7:45:15 PM PDT by QT3.14 ( Is the "melting pot" of the U.S. turning into the world's garbage disposal?)
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To: Perdogg

I am a bit surprised that Aljazera is covering this as intensively as FOX.


67 posted on 04/19/2013 7:45:50 PM PDT by AlexW
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To: manc

I thought no death penalty in Mass.


68 posted on 04/19/2013 7:46:45 PM PDT by easternsky
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To: Bushbacker1

So, in spite of Supreme Court decisions requiring the reading of Miranda rights, you do not believe that this should have been done in this case? How do you think a failure to do so would have affected future court actions? What would you recommend that they do in these circumstances?


69 posted on 04/19/2013 7:47:14 PM PDT by centurion316
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To: manc

“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”

I agree and Conservatives can highlight and point out that this is what happens when we allow student visa immigrants from hostile areas to become ‘citizens’...they get to take advantage of the system as if they were born here.


70 posted on 04/19/2013 7:47:39 PM PDT by austinaero
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To: Meet the New Boss
"But THIS guy is a jihadi terrorist dirtbag. Asking him “where are the rest of the IEDs?” isn’t going to make him more likely to tell you by not mirandizing him. He WANTS innocent people to get blown up by them."

My hope would be that because he is injured and will possibly be drugged at the hospital, they can question him under the public safety exception (a questioning which, because he is in distress would not be allowed otherwise), and hopefully elicit information implicating any accomplices that they do not currently know about.

His statements implicating others during his questioning under the public safety exception can be used as probable cause to proceed against additional suspects.

71 posted on 04/19/2013 7:47:57 PM PDT by 101stAirborneVet
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To: Perdogg

I heard they weren’t going to do that....figures! Obama! Holder...


72 posted on 04/19/2013 7:48:20 PM PDT by pollywog ("O Thou who changest not, abide with me.".......)
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To: Perdogg

I fully expect the MuzzieOTUS to pardon this jihadist after the 2016 elections.


73 posted on 04/19/2013 7:48:30 PM PDT by RugerMini14
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To: centurion316
"So, in spite of Supreme Court decisions requiring the reading of Miranda rights, you do not believe that this should have been done in this case? How do you think a failure to do so would have affected future court actions? What would you recommend that they do in these circumstances?"

Miranda is not required to ask this guy a number of questions about imminent dangers to the public.

74 posted on 04/19/2013 7:48:54 PM PDT by 101stAirborneVet
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To: Southack

I sure would appreciate a link to some of that “begging the US to stop the drone war” stuff you mention.


75 posted on 04/19/2013 7:49:38 PM PDT by austinaero
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To: Recovering Ex-hippie

You should have stayed here: http://www.youtube.com/watch?v=8dOHEw8izno&NR=1&feature=endscreen


76 posted on 04/19/2013 7:50:37 PM PDT by Bronzy
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To: centurion316
So, in spite of Supreme Court decisions requiring the reading of Miranda rights,

Are enemy combatants and traitors entitled to Miranda rights?

77 posted on 04/19/2013 7:51:24 PM PDT by Alaska Wolf (I)
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To: easternsky

We’ve got at least a couple of federal capital crimes to charge him with. In the last ten years Congress expanded the category of these crimes.

Detonating an explosive device in the crowd on a public street should qualify as federal capital crime under the expanded statute.

Also, killing the MIT cop is probably a federal capital crime, even though the cop was not a federal agent, because the perps were the object of a federal investigation and did so to avoid apprehension.

A bigger question is whether Holder would be willing to seek the federal death penalty, even though it appears he has grounds to do so. I think no.


78 posted on 04/19/2013 7:52:05 PM PDT by Meet the New Boss
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To: Alaska Wolf

I think your question is good. The next question is, what category are the Feds going to put him in? Is he going to be classified as an enemy combatant? With the excrement for President we have, I highly doubt that.


79 posted on 04/19/2013 7:52:35 PM PDT by austinaero
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To: Perdogg
Correct me if I'm wrong, but a person has a right to remain silent whether someone reads it to him or not. Miranda only requires the police to inform the suspect of that right, and to tell him that anything he says will be used against him.

Not "Mirandizing" him is not carte blanche to beat the crap out of him if he doesn't cooperate.

-PJ

80 posted on 04/19/2013 7:52:40 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Perdogg

If we lockdown 5 million Americans to find two terrorists with pressure cooker explosives, what will the government do when the Iranians or the Chinese send over 200 terrorists with explosives, lock down all 300 million Americans?

yep.


81 posted on 04/19/2013 7:53:07 PM PDT by TomasUSMC ( FIGHT LIKE WW2, FINISH LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM)
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To: Perdogg

82 posted on 04/19/2013 7:53:08 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: Perdogg

I don’t think that’s out of the ordinary, unless there was reason to believe they were part of a vast network of foreigners here plotting more.

Miranda is a court decision I recall.


83 posted on 04/19/2013 7:54:03 PM PDT by sickoflibs (To GOP : Any path to US citizenship IS putting them ahead in line. Stop lying about your position.)
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To: centurion316
What would you recommend that they do in these circumstances?

I repeat: They should have taken him to a black site and water boarded him!

Thank you for your support! /S

84 posted on 04/19/2013 7:54:14 PM PDT by Bushbacker1 (Molon Labe! (Oathkeeper))
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To: Perdogg

One good thing about him being a citizen. If our govt grew a pair and went after him as having done the bombing as an act of war ... I believe that would technically be treason. And you know the penalty for that.


85 posted on 04/19/2013 7:55:30 PM PDT by Hetty_Fauxvert (FUBO, and the useful idiots you rode in on!)
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To: Mr. K
So, can this guy be executed or not, OKC bomber was very quickly.
86 posted on 04/19/2013 7:55:35 PM PDT by Licensed-To-Carry (Hey Obama! It's all your fault now, you own it.)
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To: laxcoach

Possibility of bombs that need to be located?


87 posted on 04/19/2013 7:58:31 PM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Alaska Wolf

He is a U.S. Citizen, not an enemy combatant. Traitors are entitled to Miranda rights, as it turns out. He should be executed and certainly will, but it will be done by the rule of law.


88 posted on 04/19/2013 7:59:43 PM PDT by centurion316
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To: Bushbacker1

Perhaps you should sign up for the Obama Executive Order drafting team. You seem very willing to disregard the rule of law.


89 posted on 04/19/2013 8:01:03 PM PDT by centurion316
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To: Southack

Ummm... No...

Why would they fear drone strikes in the USA?


90 posted on 04/19/2013 8:01:45 PM PDT by Sir Francis Dashwood ("Arjuna, why have you have dropped your bow???")
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To: Meet the New Boss

A bigger question is whether Holder would be willing to seek the federal death penalty, even though it appears he has grounds to do so. I think no.


I agree. He will plea to a life sentence and do a long stretch in ADMAX. The Dems will want this neatly wrapped up before the elections next year.


91 posted on 04/19/2013 8:02:36 PM PDT by lodi90
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To: basil
Horror of horrors, they might even put women's panties on his head!

The entire Islamic world will be outraged and will demand revenge.

92 posted on 04/19/2013 8:03:25 PM PDT by sjmjax (Politicans are like bananas - they start out green, turn yellow, then rot.)
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To: Perdogg; All

Well, I see Twitter strikes again.

I heard from the district DA - live - she said NO - HE WAS NOT MIRANDIZED.

People need to stop using Twitter as a source of good info .. it’s NOT a good source at all.


93 posted on 04/19/2013 8:03:47 PM PDT by CyberAnt ("America is the greatest nation on the face of the earth" (in spite of BO))
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To: 101stAirborneVet
"Miranda is not required to ask this guy a number of questions about imminent dangers to the public. "

Not mirandizing this kid as a practical matter gains nothing for the reasons I gave, but potentially could seriously complicate the prosecution.

If the defense lawyers can successfully challenge the exemption, then not only the statements made by the defendant must be excluded from evidence, but also any OTHER evidence that in turn is found based on clues from the inadmissible statement (the fruit of the poisonous tree doctrine). There are a number of exceptions to this exception, but you've just handed the defense something to fight with as you litigate whether it falls within the exceptions to the exception. You get a stupid judge or a left-wing wacko judge, and the prosecutors might get screwed.

Since Obama is not going to enhance interrogate this guy anyway, just read him his rights and get on with it.

94 posted on 04/19/2013 8:03:48 PM PDT by Meet the New Boss
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To: Hetty_Fauxvert
I believe that would technically be treason. And you know the penalty for that.

Tenured professorship at the Ivy League school of your choice?

95 posted on 04/19/2013 8:05:04 PM PDT by RugerMini14
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To: Blood of Tyrants

......”The information about who his contacts are and who supported him and his brother is more important”....

Exactly! and the only reason the kid wasn’t shot dead.


96 posted on 04/19/2013 8:05:31 PM PDT by caww
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To: Biggirl

It’s not irony. He selected that date to become a citizen.

I thought the guy was in critical condition. From the picture I say I wouldn’t think he be able to understand his rights.


97 posted on 04/19/2013 8:05:58 PM PDT by VerySadAmerican
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To: Meet the New Boss

Keep in min...the suspect won’t be the only one lawyering up!


98 posted on 04/19/2013 8:06:31 PM PDT by caww
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To: 101stAirborneVet

Understood...I think..but lawyers can attempt to take that apart and may do so.

Either or...information is far more critical IMO..I’m very glad they got him alive...now lets hope he lives thru “critical”..or someone doesn’t get to him first.


99 posted on 04/19/2013 8:08:31 PM PDT by caww
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To: M. Thatcher

NBC reported it and we believed it. Will we ever learn?


100 posted on 04/19/2013 8:08:44 PM PDT by VerySadAmerican
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