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As a result of an exception to Miranda called The Public Safety Rule, the suspect can—and will—be questioned without being ‘Mirandized” for the purpose of determining if there is an imminent threat to the public safety. In this instance, any information Tsarnaev provides the specialized team that will be interrogating him will remain admissible at trial, even though he has not received his Miranda warnings.
However, this exception to Miranda begins to ‘fade’ from the moment the questioning begins. And while there is no set time limit for the exception stated in the law, it is generally assumed that the period for such questioning to determine whether an immediate public threat may exist typically cannot extend for more than forty-eight hours
Beyond this invocation of the Public Safety Rule, Tsarneav will be accorded all the rights of due process prescribed by the Constitution, including a civil trial before a jury of his peers.He will have the right to be silent and will be entitled to a lawyer.
Were Lindsey Graham to have his way, due process rights would never be afforded the bombing suspect who is an American citizen. This would include his right to a civilian trial as, were he to be designated an enemy combatant, Tsarneav would be tried by a military tribunal where the constitutional protections extended to the rest of us are virtually non-existent.
Keep in mind that the horrible crimes that Mr. Tsarneav is accused of committing occurred on US soil and that, no matter how heinous the terrorist acts Tsareav is alleged to have carried out, he remains an American citizen with all the rights that come with the status. Also keep in mind that, in this country, we are all innocent until proven guilty.
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.
Now, this guy may be guilty as sin but the moment you deny him those rights, you are assuming him guilty until proven guilty. This kind of action runs counter to everything this nation supposedly stands for and even though he may be responsible for the killing
Originally posted by Wrabbit2000
So... If Obama does this, he'll have made the case for years about civilian trials for Khalid Sheikh Mohammed and the worst of the worst left down in Gitmo (The ones still there are those for whom even the MOST creative efforts of explanation cannot make them look good anymore).
He'll have made his Presidency, in some ways, on bashing the stuffing out of Bush, Cheney and the rest for how they handled honest to goodness foreign born and foreign captured fighters, taken while IN combat with US forces.
All this, of what he's "stood for", will be so much nonsense and trash for the tabloids if he agrees to change the status of a legal American resident...no matter what he did. I don't CARE what the man did. Even Timmy McVeigh got his due process. However QUICK it was (and should have been, too), he still GOT his process and our system worked well enough.
There is nothing about THIS situation that is so unique to say an American resident busted for committing an act of mass murder and attempted mass murder cannot be processed and buried (literally if that be the sentence) just like McVeigh and others before him. This was NOT an act of war. That raises it to a level which gives FAR too much credit to a couple losers with pressure cookers and far too much time to kill people with them.edit on 20-4-2013 by Wrabbit2000 because: (no reason given)
The High-Value Detainee Interrogation Group (HIG) is an intelligence-gathering group created by the President of the United States in August 2009. Its charter was drawn up in April 2010. It was established to question terrorism suspects as soon as possible after their arrest in order to quickly extract information from them to head off any plots that might be about to unfold, and track down anyone who may have assisted the suspect.
The group works mainly through interrogating overseas targets. The Director of National Intelligence Dennis Blair stated in January 2010 that the group would extend its area of oversight to domestic targets as well. The group is made up of intelligence professionals from many branches of the U.S. government including the United States Department of State, Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), and United States Department of Defense, is housed within the FBI, and run under the auspices of the National Security Council.
The group's creation shifted power from the CIA and the FBI to the White House.
The unit is run headed by an FBI employee with two deputies (one from the CIA, and one from the U.S. Defense Department), and has three regional teams. It is staffed by linguists, terrorist analysts, and professional interrogators, and supplemented by other government specialists.