Report: Federal Judge Compromised Investigation By Prematurely Mirandizing Tsarnaev
Thanks to the "Public Safety Exception" to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.
Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to a Fox News, FBI officials were "stunned" when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.
Apparently, prior to Judge Bowler reading him his rights, Tsarnaev was cooperating with investigators. The arrival of public defenders and the Justice Department, though, compromised the interrogation and now the belief is that "valuable intelligence may have been sacrificed as a result."
This is not the first time the Obama Administration has been criticized for its rush to award a terrorism suspect the right to remain silent and to hide behind an attorney. On Christmas day in 2009, Umar Farouk Abdulmutallab (aka The Underwear Bomber), attempted to blow up a plane with plastic explosive hidden in his pants. Using the Public Safety Exception, Abdulmutallab was interrogated -- but only for 50 minutes.
After being read his rights and receiving medical care, Abdulmutallab chose to remain silent.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson
Quote: Palinista wrote in post #2Why would the Department of Justice do this?
They're hiding something. Can't let the truth get out there so try him as a civilian instead of an enemy combatant (can't have any waterboarding when you're covering something up you know!) and then Mirandize him quick as you can so he'll shut up.
America's hope is not the donkey or the elephant, but the Lamb.
A Judge Mirandizing somebody in a case is a very big deal. Way out of the normal. Judges are not supposed to be personally involved in cases. The Mirinadizing is normally done by the police or investigators.
Nothing he was saying could be used against him since he had not been mirandized. And, he was giving up good information on terrorist activities that arguably were in America's best interest. So we have an unheard of and likely unethical intervention of the DOJ and Federal Court to silence this man -where he was not being prejudiced or harmed. The Judge knew that nothing he said could be used against him and that he was helping to protect American lives. So this was an Obama Admin silencing.
That's the issue here, Why did the Obama Admin and Holders DOJ want him silenced when there was no legitimate reason to do so at that time?
America's old enemies have taken over key positions of power and influence.