This is a part of a post I did back in 2011 with disturbing updates. We were concerned then, and we need to be more concerned now. Obama and Eric Holder have indicated that there is no need to Mirandize the Boston terror suspect right way. We will do some sort of a hybrid thing. No, not a military court but sort of a civil court with well……maybe 48 hours is permissible before he gets read his rights. Where does the constitution or court decision state this is “subject to interpretation.” But here is the concern. Recall that now Obama has deemed the whole of the United States a potential battlefield. Which means any of us could caught in his web. Worse, he now promulgates “Preventive Detention” and “Prolonged Detention”.
The Senate voted on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. Even Rep. Ron Paul (R-Texas) raised his concerns about the NDAA detention provisions during last night’s Republican debate. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself. UPDATE: The New American has a great analysis… Be sure and look at this ACLU link.
Then we have “Prolonged Detention” that even Rachael Maddow had a problem with. “Prolonged Detention” is the term being used. This is not your father’s Gitmo.
Tinkering with Miranda… is this another step… “Obama can unilaterally change Supreme Court rulings should be concerning to all Americans”. Obama has contempt for the Supreme Court, the Constitution which he says is flawed, and Congress. “Domestic Terror” suspects…my guess he has in mind American Citizens who he may feel are a threat to his growing usurping of all powers which belong to other branches of government.If he gets by with this one, what will be the next change to Miranda or any law for that matter. What is your guess?
Obama has already given Miranda rights to foreign terrorists and Somali pirates waging jihad against U.S. soldiers and civilians.
Now Obama and Holder have revised Miranda rights for what the Wall Street Journal describes as “domestic-terror” suspects. The policy is so vaguely described here, if at all, and who the new Miranda policy applies to and how Obama can unilaterally change Supreme Court rulings should be concerning to all Americans. via Rights Are Curtailed for Terror Suspects – WSJ.com.
New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.
The Supreme Court’s 1966 Miranda ruling obligates law-enforcement officials to advise suspects of their rights to remain silent and to have an attorney present for questioning. A 1984 decision amended that by allowing the questioning of suspects for a limited time before issuing the warning in cases where public safety was at issue.
The Justice Department believes it has the authority to tinker with Miranda procedures. Making the change administratively rather than through legislation in Congress, however, presents legal risks.
“I don’t think the administration can accomplish what I think needs to be done by policy guidance alone,” said California Rep. Adam Schiff, the top Democrat on the House Intelligence Committee. “It may not withstand the scrutiny of the courts in the absence of legislation.”
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