This is not going to be a popular post with some people. The government has decided not to give Dzokhar Tsarnaev his Miranda rights or access to an attorney. This is completely wrong. Posted on 04/21/2013 3:55:32 AM PDT by LD Jackson
This is not going to be a popular post with some people. The government has decided not to give Dzokhar Tsarnaev his Miranda rights or access to an attorney. This is completely wrong.
A Justice Department official said, "The suspect is en route to the hospital for immediate treatment. But we plan to invoke the public safety exception to Miranda in order to question the suspect extensively about other potential explosive devices or accomplices and to gain critical intelligence." Under this public safety exception they have 48 hours to get him before a judge, which I've read would end the exception. Anything he says to them during this 48 hours can be used against him in court.
Some in Congress want the Obama administration to go even further and classify Tsarnaev as an enemy combatant, which would deny him rights and an attorney indefinitely. This is also completely wrong. Like it or not, Tsarnaev is a naturalized U.S. citizen who is accused of crimes committed on U.S. soil. The crimes being heinous and terroristic don't change the fact that they are still just that - crimes. Citizens have rights and Tsarnaev should not be denied those rights. It doesn't appear he was working at the behest of any foreign government or terror organization. If he was receiving orders or assistance from a foreign government or a terror organization, that would change things, but for the moment that doesn't appear to be the case.
Let me be clear about one thing. I am not one of these people who believe there are never exceptions to making sure people like Tsarnaev get their rights. Using the much-used scenario, if a bomb was set to go off somewhere and only he knew where it was I'd be the first one to say strap him to a chair and do what it takes to make him talk. But again, that doesn't appear to be the case.
I was discussing this with a friend and she asked why I'm so concerned about this guy's rights. I told her that I'm not, but I'm concerned with her rights and my own. Allowing the government to pick and choose who is afforded the protections codified in the Bill of Rights is very dangerous, especially a government with people like Obama and Eric Holder making decisions.
Most people would probably scoff at my thinking, but what happens if the day comes when those in charge think gun owners are dangers to public safety and should be denied their rights? Or Christians? Think that can't happen? At a briefing given to a Pennsylvania Army Reserve unit, soldiers were told that evangelical Christians are the number one extremist threat to America – ahead of groups like the Muslim Brotherhood, KKK, Nation of Islam, al-Qaida, Hamas and others. After complaints from soldiers at the briefing the Army Chief of Chaplains said it was an isolated incident and would not happen again.
While this is not the official position of the U.S. government, clearly there are people providing training to our military who do believe it. Do we really want there to be a public safety exception to Constitutional rights for citizens when those people are making policy?
Dzokhar Tsarnaev should have five things coming to him - His rights as an American citizen, a speedy trial, a needle, a pine box and an unmarked grave. Denying him the Constitutional protections that we all have is wrong and sets a dangerous precedent for the future, when the people in charge just might decide that you are a danger to the public safety for some reason.
The left give the president a pass because he’s “their guy”.
It’s disgusting but not surprising.
The ACLU needs to find their voice again. We should shame them into it.
The well engineered Patriot Acts, set the stage. I tried to convince my family and friends, that this was a full on assault against Our Constitution. No one would listen, much less hear. My older vet buds, heard, yet, took some talking through, to kinda grasp the situation. The young soldiers(40& below), have a pretty good idea of our current situation. We have good men steppin’ up to the plate.
Once again, the media demonstrates why it'll be the first casualty of the revolution if/when it starts...
The left-wing and the Anti Constitution Litigation Unit have no shame. They will never defend the actual Constitution or our God Given rights.
The Anti Constitution Litigation Unit exists solely to protect Federal Power over our rights.
My evidence: Look at the last 40 years of litigation by the ACLU on a case by case basis. In almost every case, they attack states rights and argue for a Federal interventionalist government.
My counsel to you: Forget about ever shaming a liberal or liberal left-wing organization into doing the right thing. Ain't gonna happen.
I made the same noise but our side fell into the trap the liberals are falling into.
“Our guy” was in the White House so got a pass.
Also they used 9/11 to put through the unPatriot Act which is just the same thing as Obama using Newtown families to try and pass gun control.
Sickening.
You’re right but it’s fun to point out the hypocrisy.
Have you ever used twitter? I can’t resist sending these tweets and pointing out the hypocrisy. I’ll probably get banned soon.
It’s not a distraction and it a key element of an arrested person’s rights. Whether or not this person talks is not the real issue here.
Not all people who are arrested are guilty.
http://washingtonindependent.com/84716/fbi-interrogators-urge-obama-to-keep-miranda-warnings-intact
FBI Interrogators Urge Obama to Keep Miranda Warnings Intact
This is a US citizen arrested on US Soil.
That could be any Right Wing Christian who DHS deems a terrorist because he shot someone . Might have been self defense. But let’s not follow basic Constitutional law.
Btw, for all of you that think everyone knows not to talk because of TV ...then you are not familiar with pressures that can be brought to bear to get a person to talk.
Including LIES.
Yes, they can lie to you when interrogating you.
Not a twitter fan. I have a FB page but keep that pretty vanilla and have it locked down so it can be seen by very close friends and family only. Even then, anything I post there for their consumption is very vanilla and it’s mostly used for updates on my mother who’s terminally ill and social get together’s with the above group.
I’m aware of the dangers but not concerned what the police do or say regarding reading “rights”
Most Christians know their rights or hopefully should. They dont need some officer to tell it to them.
It’s not really relevant.
More relevant I think is they’re charging under Federal law not MA law which means they can seek the death penalty in a state that doesn’t allow it.
Where’s the ACLU now? Aren’t they against the death penalty?!
At the time, it was.
OK fair enough I suppose you’ll advise me not to bother engaging liberals as you’ve probably been there and done it and found it’s a waste of time ?
I don’t agree entirely.
FIRST: He is an American citizen only in the technical sense. He obtained his citizenship by committing perjury, and his “citizenship” should be disposed of in the John Joseph Moakley Federal Court Building first thing Monday morning.
SECOND: We do not need any statements made by him, with or without counsel, to try, convict, and execute him.
THIRD: Miranda, along with a whole other slew of pro-criminal anti-social decisions by the Warren Court, was wrongly decided and should never be endorsed or validated by real Americans.
Yeah but the Fugative slave act forcing states to act as slave catchers was not constitutional and should have been ignored (and indeed it was by Northern states)...
Morally slavery is repugnant and if it’s not legal just because a politician and a government lawyer say it is.
The Poeple and the States have a say too. This applies to the Affordable Healthcare Act and everything else.
The supposed "right" declared in Miranda appears nowhere in the Constitution, and conflicts directly with retained rights possessed by the States and by the People to be safe from criminal predation.
Fine.
Please cite the Article of or Amendment to the Constitution that requires police or prosecutors to WARN suspects to not confess.
In the face of overwhelming, factual evidence however there's a chance to sway anyone with a minimally open mind. Some liberals can be swayed that way (I've had that success) others cannot.
For example, I can present overwhelming evidence proving my prior point about the ACLU to 10 liberals. Some of them may see the overwhelming evidence and open their eyes. Others will claim the evidence was from "Faux News" and therefore couldn't possibly be right, and that "Faux News" should be taken off-air.
REALLY???
Article IV, section 2: "A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due"
Not only was the Fugitive Slave Act constitutional, it was required to enforce existing Constitutional law.
“Most Christians know their rights or hopefully should. They dont need some officer to tell it to them.”
WHAT????
Are you saying Christians don’t need to be Mirandized because they know not to talk???? So you advocate getting rid of Miranda warnings because everyone knows not to talk???
EVERYONE should step back and think about what you know about Holder and Obama and Big Sis.
Do you really believe they are trying to do away with rights in order to question Islamic Jihadists???
Why does Holder want to pass laws to update Miranda warnings.
Why is he broadening the Public Safety Exemption.
It’s not because of Jihadists.
Miranda rights, lawyers, and innocent until proven guilty are basics in US law.
Do you know the story of Miranda???? The guy who killed Miranda after he was released from jail was read his Miranda rights.
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