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UK or US, among other countries, if you are being held on 'homeland security' (read: Suspected terrorist) charges. IE: You are required by law to answer questi

UK or US, among other countries, if you are being held on 'homeland security' (read: Suspected terrorist) charges. IE: You are required by law to answer questions/turn over passwords when suspected of such things. David Miranda being a recent and well known example.

nodata 13y ago
"Let's wait until my lawyer gets here" will count against me? You got a cite for that?
- ItendToDisagree 13y ago
  Heres the first hit on google, I'm sure many more instances, citings could be procured. According to former White House Counsel Alberto Gonzales (later the former attorney general), “[t]he stream of intelligence would quickly dry up if the enemy combatants were allowed contact with outsiders during the course of an ongoing debriefing.” Warren Richey, “Beyond Padilla Terror Case, Huge Legal Issues,” Christian Science Monitor, August 15, 2007, http://www.csmonitor.com/2007/0815/p01s08-usju.html http://www.csmonitor.com/2007/0815/p01s08-usju.html. Yoo also explains that introducing a lawyer immediately after capture of an enemy combatant would disrupt interrogation as any competent defense counsel would tell his/her client to remain silent. Yoo, War by Other Means, 151.
  - refurb 13y ago
    That quote is in reference to enemy combatants, not those who fall within the regular court system. I get your point though.
    - ItendToDisagree 13y ago
      As my post said 'homeland security' (read: Suspected terrorist) charges who are not part of the normal court system. But this also happens to immigrants or those stopped at the border in general. [0] The right to counsel is being eroded at the edges (apparently not applied to non-citizens whenever possible). Over the past year, the American Immigration Council, along with the American Immigration Lawyers Association (AILA), has documented instances where the DHS immigration agencies—Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS)—have deprived noncitizens of access to counsel. For example, ICE also has taken the position that there is no right to consult with a lawyer during an interrogation. Likewise, many CBP offices outright deny access to all lawyers. [1] [0] http://law.psu.edu/_file/Immigrants/LAC_Right_to_Counsel.pdf http://law.psu.edu/_file/Immigrants/LAC_Right_to_Counsel.pdf [1] http://immigrationimpact.com/2012/01/23/its-time-to-improve-noncitizens-access-to-counsel/ http://immigrationimpact.com/2012/01/23/its-time-to-improve-...

nodata 13y ago

"Let's wait until my lawyer gets here" will count against me? You got a cite for that?

ItendToDisagree 13y ago
Heres the first hit on google, I'm sure many more instances, citings could be procured. According to former White House Counsel Alberto Gonzales (later the former attorney general), “[t]he stream of intelligence would quickly dry up if the enemy combatants were allowed contact with outsiders during the course of an ongoing debriefing.” Warren Richey, “Beyond Padilla Terror Case, Huge Legal Issues,” Christian Science Monitor, August 15, 2007, http://www.csmonitor.com/2007/0815/p01s08-usju.html http://www.csmonitor.com/2007/0815/p01s08-usju.html. Yoo also explains that introducing a lawyer immediately after capture of an enemy combatant would disrupt interrogation as any competent defense counsel would tell his/her client to remain silent. Yoo, War by Other Means, 151.
- refurb 13y ago
  That quote is in reference to enemy combatants, not those who fall within the regular court system. I get your point though.
  - ItendToDisagree 13y ago
    As my post said 'homeland security' (read: Suspected terrorist) charges who are not part of the normal court system. But this also happens to immigrants or those stopped at the border in general. [0] The right to counsel is being eroded at the edges (apparently not applied to non-citizens whenever possible). Over the past year, the American Immigration Council, along with the American Immigration Lawyers Association (AILA), has documented instances where the DHS immigration agencies—Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS)—have deprived noncitizens of access to counsel. For example, ICE also has taken the position that there is no right to consult with a lawyer during an interrogation. Likewise, many CBP offices outright deny access to all lawyers. [1] [0] http://law.psu.edu/_file/Immigrants/LAC_Right_to_Counsel.pdf http://law.psu.edu/_file/Immigrants/LAC_Right_to_Counsel.pdf [1] http://immigrationimpact.com/2012/01/23/its-time-to-improve-noncitizens-access-to-counsel/ http://immigrationimpact.com/2012/01/23/its-time-to-improve-...