Skip to comments.Dzokhar Tsarnaev - Read Him His Rights
Posted on 04/21/2013 3:55:32 AM PDT by LD Jackson
This is not going to be a popular post with some people. The government has decided not to give Dzokhar Tsarnaev his Miranda rights or access to an attorney. This is completely wrong.
A Justice Department official said, "The suspect is en route to the hospital for immediate treatment. But we plan to invoke the public safety exception to Miranda in order to question the suspect extensively about other potential explosive devices or accomplices and to gain critical intelligence." Under this public safety exception they have 48 hours to get him before a judge, which I've read would end the exception. Anything he says to them during this 48 hours can be used against him in court.
Some in Congress want the Obama administration to go even further and classify Tsarnaev as an enemy combatant, which would deny him rights and an attorney indefinitely. This is also completely wrong. Like it or not, Tsarnaev is a naturalized U.S. citizen who is accused of crimes committed on U.S. soil. The crimes being heinous and terroristic don't change the fact that they are still just that - crimes. Citizens have rights and Tsarnaev should not be denied those rights. It doesn't appear he was working at the behest of any foreign government or terror organization. If he was receiving orders or assistance from a foreign government or a terror organization, that would change things, but for the moment that doesn't appear to be the case.
Let me be clear about one thing. I am not one of these people who believe there are never exceptions to making sure people like Tsarnaev get their rights. Using the much-used scenario, if a bomb was set to go off somewhere and only he knew where it was I'd be the first one to say strap him to a chair and do what it takes to make him talk. But again, that doesn't appear to be the case.
I was discussing this with a friend and she asked why I'm so concerned about this guy's rights. I told her that I'm not, but I'm concerned with her rights and my own. Allowing the government to pick and choose who is afforded the protections codified in the Bill of Rights is very dangerous, especially a government with people like Obama and Eric Holder making decisions.
Most people would probably scoff at my thinking, but what happens if the day comes when those in charge think gun owners are dangers to public safety and should be denied their rights? Or Christians? Think that can't happen? At a briefing given to a Pennsylvania Army Reserve unit, soldiers were told that evangelical Christians are the number one extremist threat to America ahead of groups like the Muslim Brotherhood, KKK, Nation of Islam, al-Qaida, Hamas and others. After complaints from soldiers at the briefing the Army Chief of Chaplains said it was an isolated incident and would not happen again.
While this is not the official position of the U.S. government, clearly there are people providing training to our military who do believe it. Do we really want there to be a public safety exception to Constitutional rights for citizens when those people are making policy?
Dzokhar Tsarnaev should have five things coming to him - His rights as an American citizen, a speedy trial, a needle, a pine box and an unmarked grave. Denying him the Constitutional protections that we all have is wrong and sets a dangerous precedent for the future, when the people in charge just might decide that you are a danger to the public safety for some reason.
NDAA contravenes so much of the bill of rights I dont know where to start....
“Tsarnaev is a Foreigner, and an adherent to militant islam who was naturalized as an American Citizen and committed a major act of TERRORISM against the American people.”
The murdering POS is an American. I originally thought he should be sent to Gitmo, tortured till he gave us everything he had and summarily shot in the back of the head given to the sharks as a snack.
Regardless of religion and motive, we have to remember he is an American and as such is afforded his rights under the Constitution. To not be afforded those rights sets an ugly precedent.
This is wonderful news...
I hope you’re one of the first to signup for an IL concealed carry permit and rub in the governors face.
Never said he said it. I said “apparently”.
How do you figure this would set a precedent? It happens frequently.
And, BTW, when you refer to “constitutional rights”, please explain where in the actual Constitution it says we have the right to be told we have a right?
The constitution does not give us any rights. It restricts what the government can do. In this case, the only penalty the government faces for questioning him without first Mirandizing him is that it cannot use any evidence they gain when they take him to court.
And if he doesn’t already know the government is forbidden from compelling him to be a witness against himself, he’s an idiot.
The information the government will be seeking without Mirandazing him is info about the involvement of others. So, by answering those questions, he won’t be testifying against himself as much as testifying against others.
So, spare us your uninformed concern for his rights.
I am so mad. I don’t give too hoots about this kid. However, why are the liberals not jumping on this? I know you don’t have to read him his rights because they are his already. HOWEVER, if Bush was President, those liberals would be shouting on every TV how unfair this is to the idiot kid. I am really getting to the point where I HATE all liberals and not just find them intolerable.
much respect from here for your thoughtful opinion. Sincerely mean that. I have a slightly different view than yours because I come at it from a slightly different angle.
Under the circumstances in Boston, I think the BPD, FBI and Citizens did the best they could. That statement is with the understanding that Boston is largely a "gun free zone" which has disarmed its citizens - thanks mostly to Mitt Romney and the Massachusetts State Legislature under then "Governor Romney." At least that's my understanding.
Yes, there is an aspect of the Second Amendment here that may have brought this situation to a faster close. Don't think it would've prevented the deaths and injuries from the bombing though.
I did have the thought "in a Conceal/Carry state, would one or both of the Tsarnaev's ended up dead trying to do a car-jacking?" Given the vehicle they carjacked had a "COEXIST" bumper sticker on it (if that report is true..) I'm sure they likely/luckily picked the right vehicle to carjack! (LOL!) ... Can't imagine someone getting away with that trying to carjack some good ol' boy in Texas and taking his truck.
In fact, so did my wife and two sons (15 and 17.) I'm one of those "Second Amendment Radical's" I suppose teaching my kids to hunt and use firearms correctly.
The thing is, I imagine I've probably broken 20 - 30 firearms laws every hunting season simply by taking my my rifles up north to go hunting.... That's but another example of how this Government works to make us all Criminals no matter what we do!
Here is how I would read them to the scum bomber.
You have the right to remain silent. Forever, After a speedy trial.
I’m not sure if you agree with me or not but conservatives need to keep fighting.
I’m only young myself (in my 30’s) but my anaylsis is that we have let the Federal government become too powerful over the last 30-40 years and it’s difficult to reassert that authority.
Even when our guy is in office we must realize someone else is going to take over and so not allow them too much power and authority which can later be abused.
We need to get back more power to the states and to counties via sheriffs.
I know what I’m about to write will not sit well with most here but I agree with this article! He IS NOT an enemy combatant. To be so, you must first declare war on someone or some country or entity! As a “true” conservative I believe in limited government just as most of you and that includes limiting our government (Congress/Presidency) from simply giving the authorization for the use of force that gets us into open ended wars with no end in sight! This has ultimately led to the political correctness in our military institutions! This is a blatant dereliction of duty on behalf of Congress! We Conservatives should be arguing for the return of constitutionality which means that when you say you’re at war with someone (War on “Terror”) then the President must ask Congress for that declaration! Is it no wonder that we’re all in the mess we’re in-financially, morally, and politically??
Not any more. You need to change your mindset. They are here....
Islam is a theocracy. It is not just a religion but rather it IS a combination of religion and government. That's why they are so adamant in passing Sharia Law wherever they may be. That is why they desire NOT only regional or territorial Caliphate, but out of necessity, they MUST acquire world wide caliphate.
These two men WERE/ARE enemy combatants and should be treated as such. In fact, one could make the case that because the younger was made a citizen, he is now allegedly guilty of HIGH Treason. Read him his rights. Who cares. But try him as an enemy combatant guilty of high treason. If found guilty; capital punishment.
I agree there are domestic enemies. The Founders knew that too.
But really unless you want society shut down and for us all to live in fear there’s not much we can do until the cowards show their faces.
I vote we move the bomber’s trial to Cardassia.
That would be a speedy quick trial.
Let me ask you a question, with some background first.
They are using the public safety exemption to not read Tsarnaev his rights. They are required by law to do so, if they want to use his statements against him in a court of law. It doesn’t matter if he knows them or not. The Supreme Court handed down a decision that says it has to be done.
Having said that, what if law enforcement, the government, etc., decided that a right-wing conservative group (you pick the group) was a danger to public safety? What if they came to arrest the members of that group and because of the public safety exemption, law-abiding American citizens were denied their rights?
That’s the kind of precedent I believe not reading Tsarnaev his rights would set and I do not care to start traveling down that particular road.
I'm hardcore Conservative. None of this Milquetoast Snitch McConnel or Juan McLame or that fairy Lidsey Graham for me. Give me hardcore Conservatism, or give me death.
Islam is a theocracy. It is not just a religion but rather it IS a combination of religion and government. That’s why they are so adamant in passing Sharia Law wherever they may be. That is why they desire NOT only regional or territorial Caliphate, but out of necessity, they MUST acquire world wide caliphate.
What we should do is trick the UN into declaring that the above if formally recognized, I am sure we could get enough ROPer countries to sign on to this before they realize the true goal of what we would be doing.
Official: Boston bombing suspect ‘sedated’
The surviving suspect in the Boston Marathon bombings suffered an injury to his throat and may not be able to talk, a federal official told CNN on Saturday, possibly hindering attempts by authorities to question him about a motive in the attack.
I think younger people like myself are getting more conservative. Unfortunately a lot of them are indoctrinated by Marxist professors but I find it interesting if you look at the polls the most conservative people are 30-45. That’s when they’re working and paying taxes and seeing how horrific things actually are.
One day we will have a true conservative in the WH again that’s why I supported Mike Lee, Rand Paul and Ron Johnson in 2010 and recently Ted Cruz. I’ve not been disappointed with their fighting spirit in the disgraceful U.S Senate.
We need more guys like these and I hope we can find them and promote them.
There was a guy who killed a cop in suspects apartment. Cops did a warrentless search for 4 days using the murder exception.
Evidence tossed out.
There is a reason we have Scotus rulings.
I am suspicious that they don’t want to read him his rights.
1. Could it be something to get evidence tossed out.
2. Could it be establishing a precedent to use against Right Wing Christians who are extremists according to Obama.
Agreed. This Miranda rights business is being played into a giant smokescreen. In real, legal, life it isn’t like Law & Order. He’s a citizen and he has the right to counsel, etc. What’s problematic is that the press is playing right into the Admin’s assertion that some citizens don’t have this right, so since this is an extraordinary situation, trust that the feds know best. See where I’m going with this?
Single acts of tyranny may be ascribed to the accidental opinion of a day. But a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly proves a deliberate systematic plan of reducing us to slavery.
That was a reference to the Barbary Pirates. President Jefferson, thought to be a non-interventionalist recognized the threat of Islamic Terrorism to the then fledgling United States of America and acted to stop it from spreading.
I dont think we should read too much into it.
He’s still tubed up and can’t even talk.
Sure, and what's problematic with your factual statement above is that the media has this administration's back at seemingly every turn.
This is why when the Revolution finally starts in this country (and it will ......) the liberal lamestream media (as I've called it since 1992..) will be the very first casualty.
That's the only way the truth gets out about what this Govenrment's done to provoke such a revolution from the American People.
The press are an absolute joke. I can’t bear to watch these programs on television. Dog and pony show. I notice people like Pete King are calling for more surveillance and of course bigger budgets for failed agencies like the FBI, CIA etc.
Seriously, how many times do they have to fail before someone gets fired? 9/11 was a travesty and yet they got medals!
No doubt they will get more medals for this latest travesty.
I’m so ‘Fed Up’ (which was the title of Rick Perry’s book)
I hope that's true on a more National level. That's not what I'm seeing here living in the People's Socialist RepuliK of the Sick and Illannoyed.....
One thing I know about myself: the older I've gotten the more Conservative I've become. I thought I was Conservative in my early 30's? HA!!
“3. There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government’s interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.”
Holder extending SCOTUS ruling on his own.
Yeah, not so Constitutional. Just another tear in our Rights.
Lord Help us if Obama gets control of SCOTUS (more than he has now)
That's exactly what it's for. Giving any President and/or their administration that kind of power should scare the absolute hell out of both the Right and Left.
The Left however has swung fully to fascism/marxism though and as a result isn't thinking about the implications of the political pendulum swinging "right" and how such a dangerous precedent can affect them. Then, that is the extreme left/left-wing's problem in that their zeal for power over other people's lives prevent them from thinking about the longer term consequences for themselves.
Idi Amin, Adolf Hitler, Marx, Stalin, Kim Jung Il (and his son ) and countless other despot dictators have proven that through history...
This is why it’s a distraction.
How do they “collect” intelligence if he shuts up and doesn’t co-operate? Do they want to beat and torture him? This is absurd.
The left give the president a pass because he’s “their guy”.
It’s disgusting but not surprising.
The ACLU needs to find their voice again. We should shame them into it.
The well engineered Patriot Acts, set the stage. I tried to convince my family and friends, that this was a full on assault against Our Constitution. No one would listen, much less hear. My older vet buds, heard, yet, took some talking through, to kinda grasp the situation. The young soldiers(40& below), have a pretty good idea of our current situation. We have good men steppin’ up to the plate.
Once again, the media demonstrates why it'll be the first casualty of the revolution if/when it starts...
The left-wing and the Anti Constitution Litigation Unit have no shame. They will never defend the actual Constitution or our God Given rights.
The Anti Constitution Litigation Unit exists solely to protect Federal Power over our rights.
My evidence: Look at the last 40 years of litigation by the ACLU on a case by case basis. In almost every case, they attack states rights and argue for a Federal interventionalist government.
My counsel to you: Forget about ever shaming a liberal or liberal left-wing organization into doing the right thing. Ain't gonna happen.
I made the same noise but our side fell into the trap the liberals are falling into.
“Our guy” was in the White House so got a pass.
Also they used 9/11 to put through the unPatriot Act which is just the same thing as Obama using Newtown families to try and pass gun control.
You’re right but it’s fun to point out the hypocrisy.
Have you ever used twitter? I can’t resist sending these tweets and pointing out the hypocrisy. I’ll probably get banned soon.
It’s not a distraction and it a key element of an arrested person’s rights. Whether or not this person talks is not the real issue here.
Not all people who are arrested are guilty.
FBI Interrogators Urge Obama to Keep Miranda Warnings Intact
This is a US citizen arrested on US Soil.
That could be any Right Wing Christian who DHS deems a terrorist because he shot someone . Might have been self defense. But let’s not follow basic Constitutional law.
Btw, for all of you that think everyone knows not to talk because of TV ...then you are not familiar with pressures that can be brought to bear to get a person to talk.
Yes, they can lie to you when interrogating you.
Not a twitter fan. I have a FB page but keep that pretty vanilla and have it locked down so it can be seen by very close friends and family only. Even then, anything I post there for their consumption is very vanilla and it’s mostly used for updates on my mother who’s terminally ill and social get together’s with the above group.
I’m aware of the dangers but not concerned what the police do or say regarding reading “rights”
Most Christians know their rights or hopefully should. They dont need some officer to tell it to them.
It’s not really relevant.
More relevant I think is they’re charging under Federal law not MA law which means they can seek the death penalty in a state that doesn’t allow it.
Where’s the ACLU now? Aren’t they against the death penalty?!
At the time, it was.
OK fair enough I suppose you’ll advise me not to bother engaging liberals as you’ve probably been there and done it and found it’s a waste of time ?
I don’t agree entirely.
FIRST: He is an American citizen only in the technical sense. He obtained his citizenship by committing perjury, and his “citizenship” should be disposed of in the John Joseph Moakley Federal Court Building first thing Monday morning.
SECOND: We do not need any statements made by him, with or without counsel, to try, convict, and execute him.
THIRD: Miranda, along with a whole other slew of pro-criminal anti-social decisions by the Warren Court, was wrongly decided and should never be endorsed or validated by real Americans.
Yeah but the Fugative slave act forcing states to act as slave catchers was not constitutional and should have been ignored (and indeed it was by Northern states)...
Morally slavery is repugnant and if it’s not legal just because a politician and a government lawyer say it is.
The Poeple and the States have a say too. This applies to the Affordable Healthcare Act and everything else.
The supposed "right" declared in Miranda appears nowhere in the Constitution, and conflicts directly with retained rights possessed by the States and by the People to be safe from criminal predation.
Please cite the Article of or Amendment to the Constitution that requires police or prosecutors to WARN suspects to not confess.
In the face of overwhelming, factual evidence however there's a chance to sway anyone with a minimally open mind. Some liberals can be swayed that way (I've had that success) others cannot.
For example, I can present overwhelming evidence proving my prior point about the ACLU to 10 liberals. Some of them may see the overwhelming evidence and open their eyes. Others will claim the evidence was from "Faux News" and therefore couldn't possibly be right, and that "Faux News" should be taken off-air.
Article IV, section 2: "A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due"
Not only was the Fugitive Slave Act constitutional, it was required to enforce existing Constitutional law.
“Most Christians know their rights or hopefully should. They dont need some officer to tell it to them.”
Are you saying Christians don’t need to be Mirandized because they know not to talk???? So you advocate getting rid of Miranda warnings because everyone knows not to talk???
EVERYONE should step back and think about what you know about Holder and Obama and Big Sis.
Do you really believe they are trying to do away with rights in order to question Islamic Jihadists???
Why does Holder want to pass laws to update Miranda warnings.
Why is he broadening the Public Safety Exemption.
It’s not because of Jihadists.
Miranda rights, lawyers, and innocent until proven guilty are basics in US law.
Do you know the story of Miranda???? The guy who killed Miranda after he was released from jail was read his Miranda rights.
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