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To: Mean Daddy
Then why was Miranda rights granted to terrorists captured on War-Zones?


3 posted on 04/20/2013 10:34:28 AM PDT by darkwing104 (Let's get dangerous)
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To: darkwing104

Miranda does not grant any right. Persons have the inherent right to silence (self incrimination) and legal representation, it does not need to be granted to them by government.

The courts have held that information obtained from individuals not informed of their rights may not be used as evidence at trial. Exceptions are the “Public Safety” exception being discussed now and the rules that apply to Military Tribunals that do not include Miranda.

The Public Safety exception can be challenged in court. While the Supreme Court has ruled that such an exception is valid, it’s not clear how that rule would be applied in this case. This represents a risk to the prosecution.

Obama/Holder are never going to turn this over to a military tribunal, they have made it clear that they are not going to let any tribunals go forward, so I don’t think we’ll see that here. MAJ Hassan, who is certainly subject to the UCMJ for his crimes has yet to face Court Martial. What are they waiting for? I think that the answer is that a Court Martial will not suit their political narrative. The same tactic may be at play here. If they make deliberate errors, they may poison the case and either delay or avoid a trial that puts Islamic Terrorism in the dock. I don’t think that they want the American people to see that unfold. The political games have begun.


18 posted on 04/20/2013 11:17:27 AM PDT by centurion316
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To: darkwing104

“Then why was Miranda rights granted to terrorists captured on War-Zones?”

Because the people running the “war” were incompetent.


28 posted on 04/20/2013 12:01:13 PM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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