Mirandizing prisoners - PeachParts Mercedes-Benz Forum

Honus · #1 06-11-2009, 11:28 AM

This one should get a few of you going pretty good:

Quote:

MIRANDA RIGHTS AND WRONGS.... The Weekly Standard's Stephen Hayes believes it's scandalous that the Obama administration is reading Miranda rights to detainees. The National Review's Andy McCarthy isn't happy, either. Far-right blogs are really worked up about this -- Powerline's John Hinderaker describes this as "a real scandal (as opposed to a faux 'scandal' like waterboarding)" -- and one assumes, Fox News and talk radio won't be far behind.

It's unlikely facts will make much of a difference, but for it's worth, there's less here than meets the eye.

The question of detainees being Mirandized was raised by the Weekly Standard's Steven Hayes who wrote that "the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee."

The Obama administration took issue with the notion that this was a blanket policy change, one ordered by the Justice Department.

"There has been no policy change and no blanket instruction issued for FBI agents to Mirandize detainees overseas," Justice Department spokesman Matthew Miller said. "While there have been specific cases in which FBI agents have Mirandized suspects overseas, at both Bagram and in other situations, in order to preserve the quality of evidence obtained, there has been no overall policy change with respect to detainees."

This morning, a Fox News reporter asked Gen. David Petraeus whether he's concerned about the reading of Miranda rights. Once again stepping all over the right's preferred talking points, Petraeus said, "No concerns at all. This is the FBI doing what the FBI does."

A.L. pointed to this WaPo article from February 2008 about the Bush administration sending in "Clean Teams" from the FBI to help make it possible to prosecute terrorist suspects. Not only did the FBI teams not use torture, but the suspects "were read rights similar to a standard U.S. Miranda warning, and officials designed the program to get to the information the CIA already had gleaned" through torture.

A.L. added, "None of this is at all surprising. Reading someone Miranda warnings doesn't bestow upon them any rights that they don't already have. It merely ensures that any statements made thereafter will be admissible should you ever want to use them in court."

http://washingtonmonthly.com/

There is a Congressman whose name I didn't catch going on TV shows saying that he was in Afghanistan and that this "new" Miranda policy is causing great confusion among our troops. I thought they said that the Congressman is from Maine, but the graphic on the screen said he is from Michigan. I think he used be a special forces guy. He came across as credible. The only thing that called his credibility into question was the "R" after his name.

What's the deal?

jplinville · #2 06-11-2009, 11:34 AM

Quote:

Originally Posted by dculkin

The only thing that called his credibility into question was the "R" after his name.

What's the deal?

Nice way to play the party game...

Honus · #3 06-11-2009, 11:43 AM

Quote:

Originally Posted by jplinville

Nice way to play the party game...

You know I was kidding about that, right?

Txjake · #4 06-11-2009, 12:20 PM

It doesn't sound like a good idea, and I don't see a legal reason to do it, espcially with terror detainees snatched in another country via military action. Geneva Convention doesn't require it. Why is there such a push to treat these guys like they were regular lawbreakers? They aren't.

PaulC · #5 06-11-2009, 12:28 PM

I've driven past some of the finest law schools in our country, so perhaps I can help.

If the suspects are tried in U.S. courts, issuing the Miranda rights would appear to preserve the evidentiary value of acts of self-incrimination.

tonkovich · #6 06-11-2009, 03:59 PM

Quote:

Originally Posted by PaulC

I've driven past some of the finest law schools in our country, so perhaps I can help.

If the suspects are tried in U.S. courts, issuing the Miranda rights would appear to preserve the evidentiary value of acts of self-incrimination.

thanks for reminding everyone of what should be obvious - but, sadly, isnt.

tankdriver · #7 06-11-2009, 04:55 PM

Seems like common sense to me.

Honus · #8 06-11-2009, 05:01 PM

Quote:

Originally Posted by Txjake

...Why is there such a push to treat these guys like they were regular lawbreakers?

I think the administration would deny that there is a push.

Quote:

They aren't.

Some are and some aren't.

Jim B. · #9 06-11-2009, 05:17 PM

What about an "Abbreviated" reading of their Miranda rights?

Like: "You have the right to remain silent".

And then beat the capr of out them.

j/k j/k

cmac2012 · #10 06-11-2009, 06:56 PM

Well, we can all agree that we're the good guys, no need to argue about that. And so anyone who acts against us in any way, or even badmouths us, whatever justification they may offer for it, is, ipso fatso, a bad guy.

No need to accord them any rights at all. They get fed don't they?

tankdriver · #11 06-11-2009, 07:02 PM

Quote:

Originally Posted by Txjake

Why is there such a push to treat these guys like they were regular lawbreakers? They aren't.

Sure they are. Why is there such a desire to accord them exalted status? They are just killers.

RichC · #12 06-11-2009, 07:58 PM

What can it possibly hurt to read them their rights ?

And there are possibly lots of things to gain legally.
Like the ability to prosicute them in a court of law.

If we want others to follow our laws, we need to follow them also.

I am sick of the right wing Faux and friends, megaphone heads.
I wish people would wake up to what the truth is.
It never takes more than 3 seconds to figure out what the alterrior motive is.
Grow up, this is not a third grade shoving match.

PaulC · #13 06-11-2009, 08:01 PM

Are you talking to me?

RichC · #14 06-11-2009, 08:05 PM

Quote:

Originally Posted by PaulC

Are you talking to me?

Not just you specifically

DieselAddict · #15 06-11-2009, 08:06 PM

I think the hardcore right-wingers need to make up their mind whether they want a tyrannical police state that indefinitely locks up and tortures anyone suspected of terrorism or one that respects law, order and the will of the people. You can't have it both ways.