6 ms·

Don't blame Bush, the Obama administration Justice department created the Miranda exception for "operational terrorists". This has nothing to do with enemy comb

Don't blame Bush, the Obama administration Justice department created the Miranda exception for "operational terrorists". This has nothing to do with enemy combatants; rather, there is the possibility that an active terror suspect on US soil has information about an active threat to public safety, and the police have a right (and duty) to question him about possible threats.

pfortuny 13y ago
They have the duty to do that, only he has the right not to answer, despite not having been told so. You have to defend even terrorists' rights if you want yours to stand.
- dsfasfasf 13y ago
  >>You have to defend even terrorists' rights if you want yours to stand. Completely agree with this. Unfortunately most people are too stupid to realize that in order to protect your constitutionals rights you must also protect the rights of people you do not like, i.e. hate spouting religious extremists, of any religion. Even the rights of killers like the Boston bombers must be protected if we want ours to be protected.
  - sliverstorm 13y ago
    I'm with you as far as suspects. Suspects should have their rights protected. Convicted felons, however, we already deny a number of constitutional rights de-facto. E.g., right to bear arms and freedom of travel.
    - ComputerGuru 13y ago
      Please tell me when he was convicted? I do not know if you were simply clarifying the parent post or actually referring to the Boston bomber, but the fact of the matter is, you become a "convicted felon" when you've found guilty in the court of law.
      - sliverstorm 13y ago
        Clarifying parent. I know this individual has not been convicted yet, and ergo is not a convinced felon. Just responding to this: you must also protect the rights of people you do not like. Even the rights of killers ... must be protected if we want ours to be protected.
    - sliverstorm 13y ago
      Folks, if you are going to downvote me, please explain why. I don't believe I have stated an opinion; I tried to stick to facts. If you think my facts are wrong, please actually correct me.
- niccl 13y ago
  I think Jefferson's comment is relevant here: the price of freedom is eternal vigilance It seems that different groups are constantly picking away at your rights (in all sorts of areas). fight (as much as practical) _all_ the small steps, otherwise they might eventually amount to something that directly affects you.
jbooth 13y ago
I feel pretty comfortable being upset with both of them over it.
Terretta 13y ago
> the Obama administration Justice department created the Miranda exception On the contrary, they did not "create" it. They did, however, "invoke" it. Things start to get murkier in 2002, after the FBI bobbled the interrogation of Zacarias Moussaoui, the 20th 9/11 hijacker—the one who didn’t get on the plane—former FBI special agent Coleen Rowley wrote a memo pleading that "if prevention rather than prosecution is to be our new main goal, (an objective I totally agree with), we need more guidance on when we can apply the Quarles 'public safety' exception to Miranda's 5th Amendment requirements." That would be the Justice department "creating" the use of the exception as a result of a screwup. Clearly they expected to screw up again, and wanted an out. Then the Christmas Day bomber, Umar Farouk Abdulmutallab, was apprehended in December 2009, before he could blow up a plane bound for Detroit. The FBI invoked the public safety exception... So they used the out. Once government gives itself a right, either party is loath to relinquish it.

pfortuny 13y ago

They have the duty to do that, only he has the right not to answer, despite not having been told so. You have to defend even terrorists' rights if you want yours to stand.

dsfasfasf 13y ago
>>You have to defend even terrorists' rights if you want yours to stand. Completely agree with this. Unfortunately most people are too stupid to realize that in order to protect your constitutionals rights you must also protect the rights of people you do not like, i.e. hate spouting religious extremists, of any religion. Even the rights of killers like the Boston bombers must be protected if we want ours to be protected.
- sliverstorm 13y ago
  I'm with you as far as suspects. Suspects should have their rights protected. Convicted felons, however, we already deny a number of constitutional rights de-facto. E.g., right to bear arms and freedom of travel.
  - ComputerGuru 13y ago
    Please tell me when he was convicted? I do not know if you were simply clarifying the parent post or actually referring to the Boston bomber, but the fact of the matter is, you become a "convicted felon" when you've found guilty in the court of law.
    - sliverstorm 13y ago
      Clarifying parent. I know this individual has not been convicted yet, and ergo is not a convinced felon. Just responding to this: you must also protect the rights of people you do not like. Even the rights of killers ... must be protected if we want ours to be protected.
  - sliverstorm 13y ago
    Folks, if you are going to downvote me, please explain why. I don't believe I have stated an opinion; I tried to stick to facts. If you think my facts are wrong, please actually correct me.
niccl 13y ago
I think Jefferson's comment is relevant here: the price of freedom is eternal vigilance It seems that different groups are constantly picking away at your rights (in all sorts of areas). fight (as much as practical) _all_ the small steps, otherwise they might eventually amount to something that directly affects you.

jbooth 13y ago

I feel pretty comfortable being upset with both of them over it.

Terretta 13y ago

> the Obama administration Justice department created the Miranda exception On the contrary, they did not "create" it. They did, however, "invoke" it. Things start to get murkier in 2002, after the FBI bobbled the interrogation of Zacarias Moussaoui, the 20th 9/11 hijacker—the one who didn’t get on the plane—former FBI special agent Coleen Rowley wrote a memo pleading that "if prevention rather than prosecution is to be our new main goal, (an objective I totally agree with), we need more guidance on when we can apply the Quarles 'public safety' exception to Miranda's 5th Amendment requirements." That would be the Justice department "creating" the use of the exception as a result of a screwup. Clearly they expected to screw up again, and wanted an out. Then the Christmas Day bomber, Umar Farouk Abdulmutallab, was apprehended in December 2009, before he could blow up a plane bound for Detroit. The FBI invoked the public safety exception... So they used the out. Once government gives itself a right, either party is loath to relinquish it.