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Nigerian Indicted in Terrorist Plot (He was NOT Mirandized)
New York Times ^ | January 7, 2010 | Charlie Savage

Posted on 01/07/2010 10:16:19 AM PST by La Lydia

The indictment of a Nigerian man on Wednesday for the attempt to blow up a plane bound for Detroit on Christmas Day has rekindled a debate over whether such terrorism suspects should be treated as criminals or as enemy detainees. In a six-count indictment, a federal grand jury in Michigan charged the man, Umar Farouk Abdulmutallab, 23, with attempted murder on a plane, attempted use of a weapon of mass destruction and related offenses. Mr. Abdulmutallab is to be arraigned on Friday....

But several administration officials said on Wednesday that the Federal Bureau of Investigation did not initially read Mr. Abdulmutallab his Miranda rights nor provide him with a lawyer when agents interrogated him.

Law enforcement officials had concluded that because they had a planeload of eyewitnesses who could testify against Mr. Abdulmutallab, they did not need to worry about the fact that if he made any self-incriminating statements before being read his rights, they would not be admissible in court.

... A law enforcement official said Mr. Abdulmutallab explained who gave him the bomb, where he received it and where he was trained to use it, among other things.

Eventually, Mr. Abdulmutallab stopped talking and asked for a lawyer, which he received about 30 hours after his arrest. It was not clear when in that timeline that the F.B.I. read him his Miranda rights...

(Excerpt) Read more at nytimes.com ...


TOPICS: War on Terror
KEYWORDS: islam; mirandawarning; terror; violence
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Great. So now he can get off of these charges and return to Yemen or Nigeria because, although the BO administration made a decision to treat him like a criminal rather than an enemy combatant, the neglected to Mirandize him. Hard to say how they could have screwed this up worse, MR. HOLDER.
1 posted on 01/07/2010 10:16:20 AM PST by La Lydia
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To: La Lydia

They withheld the Miranda Warning until he’d told them about the plot and who helped him. Probably a good tactic, as they EASILY had enough phyiscal evidence and witnesses to convict him without his statements.

He shut up immdiately after the Miranda Warning (Duh!), to they probably wouldn’t have gotten the information on the plot and other consiprators and plans.

Info revealed before the Miranda Warning cannot be used against HIM, but can be used against others.

If true, well-played.


2 posted on 01/07/2010 10:20:25 AM PST by SJSAMPLE
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To: La Lydia

Two words come to mind: Cluster F***

Too vulgar?

Then another two words come to mind: Keystone Cops


3 posted on 01/07/2010 10:21:03 AM PST by hoe_cake (A member of the Society of the Descendants of the Signers of the Constitution.)
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To: La Lydia

If “THEY” don’t do it HERE.....
Then
The MARINES don’t have to do it THERE (Miranda Iraq)


4 posted on 01/07/2010 10:21:18 AM PST by 4Speed
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To: La Lydia
"So now he can get off of these charges and return to Yemen or Nigeria because"

I haven't read the indictment - I don't even know if it's available online yet. But, it seems that even if a judge rules - which he will - that the Nigerian's statements, and evidence developed directly from those statements, can't come into evidence, there will still be PLENTY of other deeply incriminating forensic evidence and eye witness testimony available to the prosecutors.

5 posted on 01/07/2010 10:21:22 AM PST by OldDeckHand (Flag waiving, church attending, gun toting militant heterosexual. Deal with it.)
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To: hoe_cake

NYT Rediculous


6 posted on 01/07/2010 10:22:39 AM PST by sr4402
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To: SJSAMPLE; OldDeckHand

I am reasonably sure you are right. There have to be several dozen witnesses that can testify that he was there, and did what he did. My point is, THEY, that is, the Obamoids including Eric Holder, have made a huge song and dance about treating these people as criminals rather than enemy combatants, and then they don’t. They are trying to have it both ways (surprise).


7 posted on 01/07/2010 10:26:54 AM PST by La Lydia
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To: La Lydia

It was probably the right decision because it at least got these facts out into public notice. The wrong decision is to try these people in criminal courts.

This is an entirely different type of act. Foreigners should be tried as hostile forces, and citizens should be tried for treason and sabotage.


8 posted on 01/07/2010 10:28:46 AM PST by livius
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To: La Lydia
"They are trying to have it both ways (surprise)."

Yes, they are. Holder has already admitted that even if KSM, or the others facing a civilian trial, should somehow manage to beat the rap, they won't be released. Precisely how does that further America's standing in the world? Can you imagine the outrage in the Arab world from that?

The military tribunals are the appropriate venue for trial for all of these non-citizen enemy combatants. It's still a trial under a rule-of-law, but in a more controlled setting with a much more predictable, but still fair, outcome.

9 posted on 01/07/2010 10:30:52 AM PST by OldDeckHand (Flag waiving, church attending, gun toting militant heterosexual. Deal with it.)
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To: La Lydia

Interesting. The FBI, of course, was acting sanely, trying to get information on his handlers and other details—which of course are now useless since no one appears to have acted upon them.

The FBI can use passenger evidence, and can carefully avoid using anything he confessed to before he was Mirandized.

But I suspect that the lib judges in charge of our system will still decide that the evidence is “tainted,” and let him go. For one thing, the stuff he blabbed about has been in all the newspapers and TV shows, and jurors would be pretty certain to know about it.

Maybe in a sad way it would be a good thing if they let him go. Because it will certainly demonstrate, in a case that virtually everyone has been watching, that treating enemy terrorist invaders as common criminals doesn’t work.

We already understand that here in FR. But it should drive the point home to much of the country. Whose fault if they let him go? Not the judge, he’s just doing his job. Not the FBI, they were just doing their job. Eric Holder and Obama. No one else. They were the guys who wanted to make this a criminal trial, as if he were a citizen who robbed a candy store.


10 posted on 01/07/2010 10:32:32 AM PST by Cicero (Marcus Tullius)
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To: La Lydia

Typical Obama pattern.

Get coverage for it in a yes way.

Then get coverage for it an a no way.....


11 posted on 01/07/2010 10:33:33 AM PST by Freddd (CNN is not credible.)
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To: SJSAMPLE
The Detroit plane terrorist knows very little about the Al Qaeda terrorists in Yemen who plotted this terror attack. Probably he met with low ranking Al Qaeda terrorists in Yemen during his training and they even probably gave him fake names about their true identity.
12 posted on 01/07/2010 10:37:25 AM PST by jveritas (God Bless our brave troops)
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To: jveritas

Maybe.
But, do you think they’d have gotten any information, even bogus information, out of him once he was given his Miranda Warning?

He was already cooked before he even got off the plane, but the potential for getting even more information was still there.


13 posted on 01/07/2010 10:40:52 AM PST by SJSAMPLE
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To: SJSAMPLE
No, I do not think that they would have gotten any information from him if they initially read him his Miranda right and in fact this terrorist is an enemy combatant and must not be read his Miranda rights or tired in civilian courts under any circumstances.

My point remain that I do not think that he has any real valuable information that can help us more than we already know. We know that Al Qaeda in Yemen was responsible and hence we have to bomb and invade the hideouts of Al Qaeda terrorists in Yemen. That would be the most effective solution for the terrorism problem coming from Yemen or anywhere else in the world.

14 posted on 01/07/2010 10:49:22 AM PST by jveritas (God Bless our brave troops)
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To: jveritas

If the information in the NYT link is accurate he would have still been read Miranda rights even if taken as a enemy combatant.

At first it seemed ignorant to not read him his rights immediately but several Freepers explanations make sense.
get what info on other they could.even if it is low level muslims it is a lead to start on

I hope that is why and I hope a Judge can’t throw everything he says, even after lawyering up, out.


15 posted on 01/07/2010 10:57:06 AM PST by RWGinger
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To: La Lydia

Fruit of Kaboom Bomber *ping*


16 posted on 01/07/2010 11:03:57 AM PST by Bean Counter (Stout Hearts....)
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To: RWGinger
I do not think that enemy combatants get their Miranda rights read to them, I do not think we read it to any of the terrorist in Gitmo when they were captured on the battlefield. This Detroit plane terrorist is an enemy combatant and it is stupid to read him his Miranda rights as a matter of principle and Constitution. He should be court Marshalled and executed after that.
17 posted on 01/07/2010 11:08:01 AM PST by jveritas (God Bless our brave troops)
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To: hoe_cake; SJSAMPLE

Post #2 explains the FBI’s strategy very adequately.


18 posted on 01/07/2010 11:08:12 AM PST by Mr. Lucky
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To: Mr. Lucky; SJSAMPLE

Yes, I understand now.


19 posted on 01/07/2010 11:13:46 AM PST by hoe_cake (A member of the Society of the Descendants of the Signers of the Constitution.)
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To: La Lydia

Since the terrorist is a Black African, Obama and Holder see him as a victim in Bush War on Terror. All the problems in the world are due to White people.


20 posted on 01/07/2010 11:19:12 AM PST by bushpilot1
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