Thanks for the kind words.
My point anyway is somewhat theoretical - there is so much evidence already in possession against this guy that the miranda point we are discussing probably is not significant one way or another.
This is a slam dunk case from an evidence point of view. I don’t see anything significant right now that a defense lawyer has to work with - unless the cops or prosecutors foolishly screw up and hand them something to work with, and I would hate to see that.
Because of the overwhelming nature of the evidence, and assuming no screw-ups on our side, there should be no serious chance of this going to trial. The negotiating between the two legal sides should quickly arrive at negotiating over penalty in exchange for cooperation.
Of course if Holder won’t seek the death penalty, that weakens the government negotiating position. On the other hand, if this guy is a true believer, he may WANT to be put to death by the US and go collect his virgins, so it depends. And in that case, he’s certainly not going to cooperate and tell what he knows about other members of the terrorist cell or network.
I just heard the most amazing thing on Fox News from Allison Camerada and Brian Kilmede, neither one the brighest bulb on the porch. They both said that the surviving bomber had not yet been granted his right to silence via the Miranda warning. Allison said, “he doesn’t have a right to silence”.
Well, Allison, he does. The government does not grant this right, you have it and can hide behind it in criminal proceedings. If this guy were to recover and start talking, any evidence from that discussion would be challenged in court. The public safety exception that is being discussed may or may not apply as determined at trial. That seems to be a risk not worth taking. This guy is both smart and educated and certainly knows his rights, so informing him of those rights does not seem to pose a great risk.
His medical condition may be the real reason for the delay, although if they have already been read, then the delay isn’t real. The ignorance of the Fox News folks is rather remarkable.