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Miranda rule may hamper detainee trials ( Gitmo problems)
Flopping Aces ^ | Tuesday, February 10th, 2009 at 7:42 am | Scott

Posted on 02/10/2009 8:58:54 AM PST by Ernest_at_the_Beach

Reporting from Washington — Accused in a 2002 grenade blast that wounded two U.S. soldiers near an Afghan market, Mohammed Jawad was sent as a youth to Guantanamo Bay. Now, under orders by President Obama, he could one day be among detainees whose fate is finally decided by a U.S. court.

But in a potential problem, Pentagon officials note that most of the evidence against Jawad comes from his own admissions. And neither he nor any other detainee at the U.S. prison at Guantanamo Bay, Cuba, was ever told about their rights against self-incrimination under U.S. law.

The Miranda warning, a fixture of American jurisprudence and staple of television cop shows, may also be one of a series of constructional hurdles standing between Obama’s order to close the island prison and court trials on the mainland.

Ok, so Obama wants to end military tribunals, can’t have civilian courts because of Miranda, can’t release 100 or so of the 200+ to their home country of Yemen because they just escape and join Al Queda again, can’t send em to countries that might execute them without upsetting his political base (despite CIA Director Panetta’s having done so dozens of times during the Clinton Admin)….so…..what’s a President to do? Keep em in Gitmo? No, he ordered that closed in a year. Move em to a US prison where their conditions will be worse, and they can incite prison populations in the US? No, he said he won’t do that. Ok, so what? For now, Obama’s done a nice job of deceiving his voters, but time’s running out on his own self-imposed deadline.

(Excerpt) Read more at floppingaces.net ...


TOPICS: Extended News; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: afghanistan; gitmo; wot

1 posted on 02/10/2009 8:58:54 AM PST by Ernest_at_the_Beach
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To: Ernest_at_the_Beach; All


2 posted on 02/10/2009 9:01:42 AM PST by musicman (Until I see a REAL C.O.L.B. BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Ernest_at_the_Beach
Gaaaaah!

War is not crime!

Until the Lawyers In Charge master that basic principle, there will be a huge train wreck of a mess when it comes to dealing with our enemies.

3 posted on 02/10/2009 9:02:33 AM PST by TChris (So many useful idiots...)
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To: Ernest_at_the_Beach
Obama should start reading FreeRepublic. We have a lot of really good ideas about what he can do with the prisoners.

As far as his FarLeftwingtard "base", he could apply some of the same ideas to them!

We wouldn't mind.

Remember, recitation of the Miranda Warning is simply not the sort of ceremony that should absolve AlQaida or their running dog lackeys of responsibility for their crimes.

Instead, 7.62 should do the job.

4 posted on 02/10/2009 9:04:01 AM PST by muawiyah
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To: Ernest_at_the_Beach

Here we go placing terrorism as the moral equivalent to nuisance crimes like littering. GWOT is over via surrender, and now terrorism is a simple crime with the perpetrators getting all the rights of gang-bangers. It may not even be a hate crime, but I could be wrong....


5 posted on 02/10/2009 9:04:38 AM PST by SERKIT ("Blazing Saddles" explains it all.....)
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To: Ernest_at_the_Beach

I wonder what PISS-POOR-COLIN POWELL thinks of this! Talk about the loss of respect for him not only by the conservative people in the U.S. but the majority of the troops who he was once commanded over. PISS-POOR-POWELL!


6 posted on 02/10/2009 9:05:55 AM PST by classified
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To: Ernest_at_the_Beach

How is he going to handle issues like:

Chain of custody for evidence.
Getting testimony 6+ years later from soldiers who didn’t file a report and haven’t been trained to make observations that will hold up in court.
Accused who want to see classified or secret materials in preparing their defense?

And so many other issues.

Well, look, cut the guy some slack. It’s not like he’s got a Harvard Law degree or anything...


7 posted on 02/10/2009 9:08:27 AM PST by End Times Sentinel (In Memory of my Dear Friend Henry Lee II)
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To: Owl_Eagle

Its amazing he did not see this coming before he signed his name.


8 posted on 02/10/2009 9:16:20 AM PST by Blue Turtle (I)
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To: Ernest_at_the_Beach

Oh well then let’s just let the poor blighter go free. With our apologies and a nice goody bag.


9 posted on 02/10/2009 9:20:53 AM PST by 668 - Neighbor of the Beast (American Revolution II, overdue.)
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To: Ernest_at_the_Beach

They are all prisoners of war .They don’t read the miranda rights to prisoners of war.The lawn jockey should never have even thought about releasing these prisoners.


10 posted on 02/10/2009 9:21:15 AM PST by minman (Americans stand up for your rights)
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To: Ernest_at_the_Beach

miranda rules on a battlefield?? fingerprint those mortar tubes!


11 posted on 02/10/2009 9:54:08 AM PST by GeronL (please stand by...)
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