Now that Boston terrorist bomber, Dzhokhar Tsarnaev, has been caught, the big question is whether or not to hold him as an enemy combatant or to read him his Miranda Rights and allow him to be lawyered-up.
The entire time they were chasing this guy down, as much as I would have liked to see them blow him away, I hoped that they would get him alive so that we could find out if there are other people involved. Once he's dead, there's a good chance much of this information would probably die with him.
According to this article, "...the public safety exception that allows suspects to be questioned without being read those rights expires 48 hours after the arrest...". Some serious decisions need to be made really soon.
Via: Fox News
Republican lawmakers urge Obama to use 'combatant status' for bombing suspectRead more...
Top Republican senators urged President Obama on Saturday to hold the suspect captured in the Boston Marathon bombing as a potential enemy combatant -- denying him a government-appointed attorney and other legal rights under the “Law of War” so investigators can learn about other possible attacks.
After his capture Friday, bombing suspect Dzhokhar Tsarnaev was not read his Miranda rights, which essentially state those arrested have a constitutional right to be told information they give to officials can be used against them.
However, the public safety exception that allows suspects to be questioned without being read those rights expires 48 hours after the arrest.
“The events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” Sens. Lindsey Graham, South Carolina; John McCain, Arizona; and Kelly Ayotte, New Hampshire, said. “The suspect, based upon his actions, clearly is a good candidate for enemy combatant status. We do not want this suspect to remain silent.”
They were joined in the statement by New York Republican Rep. Peter King.
The article includes a Fox video interview between Martha McCallum and Sen. Lindsey Graham (which I can't seem to post to the blog), but you can access it at the article link. He makes a good case for charging the terrorist as an enemy combatant.
Not surprisingly, "...The American Civil Liberties Union expressed concern about Tsarnaev being questioned without being read his Miranda rights." Why am I thinking Mr. Obama would side with the ACLU? Can you say "Major Hasan"?
Boston bombs: Obama lulled America into false confidence over terror threat
UPDATE 4/25:
Not surprisingly, "...The American Civil Liberties Union expressed concern about Tsarnaev being questioned without being read his Miranda rights." Why am I thinking Mr. Obama would side with the ACLU? Can you say "Major Hasan"?
He will be interrogated by the Obama administration's High Value Interrogation Group.Graham's group says:
Justice Department officials tell Fox News they hope to file charges against Tsarnaev by the end of the day Saturday.
Federal public defenders said Saturday they have agreed to represent Tsarnaev.
Miriam Conrad, the federal defender for Massachusetts, says her office expects to represent Tsarnaev after he is charged.
Conrad said he should have a lawyer appointed as soon as possible because there are "serious issues regarding possible interrogation."
"We remain under threat from radical Islam and we hope the Obama administration will seriously consider the enemy combatant option,” the Republican lawmakers said. “We are encouraged our high value detainee interrogation team is now involved … .A decision to not read Miranda rights to the suspect was sound and in our national security interests.”Here is another interesting article I found:
President Obama in the immediate aftermath of the bombings declared them an “act of terrorism.” And he vowed after Tsarnaev’s capture Friday to get answers but has yet to say whether the administration will use the combatant status.
Boston bombs: Obama lulled America into false confidence over terror threat
UPDATE 4/25:
Boston jihad bomber clams up after being read Miranda rights 32 hours before it was required
BOSTON (AP) - The surviving suspect in the Boston Marathon bombings acknowledged to the FBI his role in the attacks but did so before he was advised of his constitutional right to keep quiet and seek a lawyer, U.S. officials said Wednesday.Once Dzhokhar Tsarnaev was read his rights on Monday, he immediately stopped talking, according to four officials of both political parties who were briefed on the interrogation but insisted on anonymity because the briefing was private. Read more...


