Has anyone explained how not "Mirandizing" this jerk...

[TreasonousBastard]

will be a good thing? I can't think of any way ignoring that step will make a better case against him.

[boston bean]

1. It keeps the right wingers from flogging the admin

demanding that he be declared an enemy combatant.

In other words, we (the admin) can do what we need to do legally, with sound legal precedent and not have to declare him an enemy combatant like rw nutbags Lindsey Graham, and John McCain demand. It takes the freakin wind right out of their sails.

As a progressive, I certainly think the idea of declaring him (an american citizen) an enemy combatant, is much much worse.

[geek tragedy]

2. boston bean covered the political reality of the decision pretty well.

In terms of the consequences of not Mirandizing him, they're pretty minimal in terms of building the case against him, since their other evidence is going to be very strong. It certainly doesn't help the prosecution's case.

The theory is that the guy may be more inclined to blab about his overseas and domestic connections if he's not Mirandized.

[TreasonousBastard]

11. Got a link? If not handy don't worry, but...

seems to me this goes hand in hand with an attempt to call him an enemy combatant-- which is another unnecessary complication, but doesn't require Miranda.

Other than that, Miranda is practically meaningless now-- cop sez the words and/or tells the judge he did. Publically proclaiming "We're not doing it", though, seems to just beg for more trouble than it's worth.

Telling him he has a right to shut up will make a difference?

[geek tragedy]

12. 'enemy combatant' treatment would be much bigger deal.

That means no civilian trial, no access to federal courts, indefinite detention etc etc etc.

There's zero reason to announce in public why they're Mirandizing or not Mirandizing, except for political purposes. But, complying with the constitution is politically controversial in today's America, so they decide to throw the anti-constitution party a bone.

Telling him he has a right to shut up makes a difference in the eyes of the Supreme Court.

[malaise]

3. All thatneeds to be said is that McVeigh was not deprived of his Miranda rights n/t

[boston bean]

4. yeah, he was given them when he was arrested for a traffic violation. nt

[malaise]

5. he was given them

and trhe same is true for all the goon goons who slaughter innocents

[boston bean]

7. Uh, what would you have liked me to say other than "given"

"read", ok, READ them.

[onenote]

15. your comparison of McVeigh and Tsarnaev is ridiculous

McVeigh was pulled over 90 minutes after the bombing for driving without a license tag on his car and then admitted he was carrying a gun for which he did not have a valid concealed weapons permit. He was arrested and read his rights. He wasn't connected to the bombing until a couple of days later while he already was in jail.

In other words, there was no basis for invoking the public safety exception with respect to McVeigh at the time he was arrested. Which means your comparison of McVeigh and Tsarnaev is like comparing apples and cadillacs.

[graham4anything]

8. for a parking ticket and he had a gun. The cop did NOT know who he was.

and btw- I for one would have been AOK if a drone dropped on him somewhere secluded the day before OKCity and those kids and adults were still alive whom he killed in cold blood because he hated and was one of those conspiracy theorists that see things that aren't and make things horrible.

btw2-because of the coward who should not be named in OKCity, that hate festered to others with even more inane conspiracy theories and hate.
Why would anyone idolize that hater, or these two haterperps.
One thing the Coward did say was he wished he used guns/bullets on more people.

McCoward was another one of those arsonists that tear things down, without a care in the world what is left after.

BTW, they say the hateperpstillalive tried to kill himself.
I guess the US Health care system saved him.


if the world can become 80-20 instead of 50-50, that would be nice.

[treestar]

6. Yeah at this point

Just take the ten seconds to read them to him. He's in a hospital.

[tularetom]

9. I think that "they" think Mirandizing him will somehow make him clam up

and not rat out the evil ginormous world wide radical Islamic terrorist network he is undoubtedly involved in.

Of course since he is a high school graduate and presumably has a few functioning brain cells he probably already knows he doesn't have to tell them anything.

Actually I think they've already screwed the pooch by telling the world they won't Mirandize him. There are probably thousands of lawyers salivating at the prospect of getting this asshole acquitted because he was not read his rights.

[thucythucy]

18. I doubt he'll be aquitted because of this.

The only way it would enter in, I think, would be a) if he confessed to the bombings or gave other information leading to a conviction before being read his rights and b) if that was the only evidence the prosecution had and c) if the US Supreme Court overturns its previous rulings on this issue and declares the impending danger/national security clause unconstitututional.

With the exception of a) I don't think any of that it likely to happen.

But we shall see.

[djean111]

10. I thought the purpose of not Mirandizing was so that it would be easier to get information

about possible impending actions that the detainee would know about.
Giving Miranda rights immediately, and then asking if there are any other bombs about, doesn't
seem likely to work very well.

[HereSince1628]

13. Couldn't he also be encouraged to talk by giving him immunity for those things

he knows about but which aren't part of the charges they wish to bring?

It's that mechanism that makes the public rationale for denial of Miranda warnings seem disingenuous to me

It leaves me guessing. And what I'm guessing is that they really don't want to recognize his citizenship.
I wouldn't be surprised if they want to suggest that his citizenship was voided because it was pursued as a falsehood as part of a terrorist plot.

We all know that 'enhanced interrogation' is available to non-nationals, and it's not difficult to imagine the professional paranoids pushing for that treatment.

[boston bean]

14. He may have info on an active terror cell, that puts people in danger.

That is the bar they need to meet. It is a public safety exception, afterall.

[HereSince1628]

16. I would suggest "MAY HAVE" isn't a high bar at all. It's about as low as you can go

as in anything lower and you are manufacturing evidence

May have is nothing more than a possibility, a guess, a hunch, a suspicion that could be triggered by any bias the person making the claim wants to employ.

You are a Muslim...so I think you may have
You refused to join a Muslim Student Association...so I think you may have
You have brown eyes...so I think you may have
You fit in too well...so I think you may have
Your uncle says you're a loser...so I think you may have

What standard criteria is required for suspicion? None.

[boston bean]

17. May I suggest with all the evidence,

ie, bombing people, killing them, blowing off limbs, the trip to checnhya, the russians inquiring about his potential radical islamic status, is quite enough for them to use this investigative tool, for 48hours.

[TreasonousBastard]

19. That's the answer...

in this thread:

http://www.democraticunderground.com/10022733633

this article was mentioned:

http://www.boston.com/news/nation/2013/04/21/legal-questions-swirl-prosecutors-prepare-charge-marathon-bombing-suspect/76AdFpsO9NcElmkrmtQRMO/story-1.html

and it says that they want to get what they can before he has a lawyer sitting next to him.