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Dzokhar Tsarnaev - Read Him His Rights
Political Realities ^ | 04/21/13 | Charles M. Phipps

Posted on 04/21/2013 3:55:32 AM PDT by LD Jackson

Bill of RightsThis 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.


TOPICS: Politics
KEYWORDS: rights; tsarnaev
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To: JohnPDuncan
combatant’s are in the mountains of Afghanistan with RPG’s not in Boston cooking bombs.

Not any more. You need to change your mindset. They are here....

61 posted on 04/21/2013 5:21:18 AM PDT by CAluvdubya (Molon Labe)
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To: Democrat_media
Islam is evil beyond anything you can imagine:

Islam is a theocracy. It is not just a religion but rather it IS a combination of religion and government. That's why they are so adamant in passing Sharia Law wherever they may be. That is why they desire NOT only regional or territorial Caliphate, but out of necessity, they MUST acquire world wide caliphate.

These two men WERE/ARE enemy combatants and should be treated as such. In fact, one could make the case that because the younger was made a citizen, he is now allegedly guilty of HIGH Treason. Read him his rights. Who cares. But try him as an enemy combatant guilty of high treason. If found guilty; capital punishment.

62 posted on 04/21/2013 5:22:58 AM PDT by ThomasMore (Islam is the Whore of Babylon!)
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To: CAluvdubya

I agree there are domestic enemies. The Founders knew that too.

But really unless you want society shut down and for us all to live in fear there’s not much we can do until the cowards show their faces.


63 posted on 04/21/2013 5:23:43 AM PDT by JohnPDuncan
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To: Arlis

I vote we move the bomber’s trial to Cardassia.

That would be a speedy quick trial.


64 posted on 04/21/2013 5:25:44 AM PDT by GraceG
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To: savedbygrace

Let me ask you a question, with some background first.

They are using the public safety exemption to not read Tsarnaev his rights. They are required by law to do so, if they want to use his statements against him in a court of law. It doesn’t matter if he knows them or not. The Supreme Court handed down a decision that says it has to be done.

Having said that, what if law enforcement, the government, etc., decided that a right-wing conservative group (you pick the group) was a danger to public safety? What if they came to arrest the members of that group and because of the public safety exemption, law-abiding American citizens were denied their rights?

That’s the kind of precedent I believe not reading Tsarnaev his rights would set and I do not care to start traveling down that particular road.


65 posted on 04/21/2013 5:25:56 AM PDT by LD Jackson
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To: JohnPDuncan
Oh I completely agree with your position. If you knew me on a personal level you'd put me to the right of Rush Limbaugh as most of my friends have.

I'm hardcore Conservative. None of this Milquetoast Snitch McConnel or Juan McLame or that fairy Lidsey Graham for me. Give me hardcore Conservatism, or give me death.

66 posted on 04/21/2013 5:28:48 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ThomasMore

Islam is a theocracy. It is not just a religion but rather it IS a combination of religion and government. That’s why they are so adamant in passing Sharia Law wherever they may be. That is why they desire NOT only regional or territorial Caliphate, but out of necessity, they MUST acquire world wide caliphate.

What we should do is trick the UN into declaring that the above if formally recognized, I am sure we could get enough ROPer countries to sign on to this before they realize the true goal of what we would be doing.


67 posted on 04/21/2013 5:28:51 AM PDT by GraceG
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To: LD Jackson

Official: Boston bombing suspect ‘sedated’

http://www.cnn.com/2013/04/20/us/boston-attack/index.html?iid=article_sidebar

The surviving suspect in the Boston Marathon bombings suffered an injury to his throat and may not be able to talk, a federal official told CNN on Saturday, possibly hindering attempts by authorities to question him about a motive in the attack.


68 posted on 04/21/2013 5:30:22 AM PDT by stlnative
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To: usconservative

I think younger people like myself are getting more conservative. Unfortunately a lot of them are indoctrinated by Marxist professors but I find it interesting if you look at the polls the most conservative people are 30-45. That’s when they’re working and paying taxes and seeing how horrific things actually are.

One day we will have a true conservative in the WH again that’s why I supported Mike Lee, Rand Paul and Ron Johnson in 2010 and recently Ted Cruz. I’ve not been disappointed with their fighting spirit in the disgraceful U.S Senate.

We need more guys like these and I hope we can find them and promote them.


69 posted on 04/21/2013 5:32:23 AM PDT by JohnPDuncan
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To: fatnotlazy

There was a guy who killed a cop in suspects apartment. Cops did a warrentless search for 4 days using the murder exception.

Evidence tossed out.

There is a reason we have Scotus rulings.

I am suspicious that they don’t want to read him his rights.

1. Could it be something to get evidence tossed out.

2. Could it be establishing a precedent to use against Right Wing Christians who are extremists according to Obama.


70 posted on 04/21/2013 5:34:11 AM PDT by RummyChick
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To: JohnPDuncan

Agreed. This Miranda rights business is being played into a giant smokescreen. In real, legal, life it isn’t like Law & Order. He’s a citizen and he has the right to counsel, etc. What’s problematic is that the press is playing right into the Admin’s assertion that some citizens don’t have this right, so since this is an extraordinary situation, trust that the feds know best. See where I’m going with this?


71 posted on 04/21/2013 5:36:52 AM PDT by Kanzan
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To: JohnPDuncan
Thomas Jefferson was the first President to recognize Islamic Terrorism and the threat when he said:

Single acts of tyranny may be ascribed to the accidental opinion of a day. But a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly proves a deliberate systematic plan of reducing us to slavery.

That was a reference to the Barbary Pirates. President Jefferson, thought to be a non-interventionalist recognized the threat of Islamic Terrorism to the then fledgling United States of America and acted to stop it from spreading.

72 posted on 04/21/2013 5:38:55 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: RummyChick

I dont think we should read too much into it.

He’s still tubed up and can’t even talk.


73 posted on 04/21/2013 5:39:31 AM PDT by JohnPDuncan
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To: Kanzan
What’s problematic is that the press is playing right into the Admin’s assertion that some citizens don’t have this right, so since this is an extraordinary situation, trust that the feds know best. See where I’m going with this?

Sure, and what's problematic with your factual statement above is that the media has this administration's back at seemingly every turn.

This is why when the Revolution finally starts in this country (and it will ......) the liberal lamestream media (as I've called it since 1992..) will be the very first casualty.

That's the only way the truth gets out about what this Govenrment's done to provoke such a revolution from the American People.

74 posted on 04/21/2013 5:42:35 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Kanzan

The press are an absolute joke. I can’t bear to watch these programs on television. Dog and pony show. I notice people like Pete King are calling for more surveillance and of course bigger budgets for failed agencies like the FBI, CIA etc.

Seriously, how many times do they have to fail before someone gets fired? 9/11 was a travesty and yet they got medals!

No doubt they will get more medals for this latest travesty.

I’m so ‘Fed Up’ (which was the title of Rick Perry’s book)


75 posted on 04/21/2013 5:42:50 AM PDT by JohnPDuncan
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To: JohnPDuncan
I think younger people like myself are getting more conservative.

I hope that's true on a more National level. That's not what I'm seeing here living in the People's Socialist RepuliK of the Sick and Illannoyed.....

One thing I know about myself: the older I've gotten the more Conservative I've become. I thought I was Conservative in my early 30's? HA!!

76 posted on 04/21/2013 5:45:01 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: LD Jackson
Crux = It doesn't  appear  he was working at the behest of any foreign government or terror organization
77 posted on 04/21/2013 5:45:24 AM PDT by tomkat
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To: JohnPDuncan

http://www.nytimes.com/2011/03/25/us/25miranda-text.html?_r=0

“3. There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government’s interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.”

Holder extending SCOTUS ruling on his own.

Yeah, not so Constitutional. Just another tear in our Rights.

Lord Help us if Obama gets control of SCOTUS (more than he has now)


78 posted on 04/21/2013 5:49:16 AM PDT by RummyChick
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To: RummyChick
2. Could it be establishing a precedent to use against Right Wing Christians who are extremists according to Obama.

That's exactly what it's for. Giving any President and/or their administration that kind of power should scare the absolute hell out of both the Right and Left.

The Left however has swung fully to fascism/marxism though and as a result isn't thinking about the implications of the political pendulum swinging "right" and how such a dangerous precedent can affect them. Then, that is the extreme left/left-wing's problem in that their zeal for power over other people's lives prevent them from thinking about the longer term consequences for themselves.

Idi Amin, Adolf Hitler, Marx, Stalin, Kim Jung Il (and his son ) and countless other despot dictators have proven that through history...

79 posted on 04/21/2013 5:52:49 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: RummyChick

This is why it’s a distraction.

How do they “collect” intelligence if he shuts up and doesn’t co-operate? Do they want to beat and torture him? This is absurd.


80 posted on 04/21/2013 5:53:00 AM PDT by JohnPDuncan
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