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Barack Obama administration seeks to change police questioning law
Telegraph (U.K.) ^ | April 25, 2009 | Tom Leonard

Posted on 04/24/2009 11:06:19 PM PDT by Schnucki

The Obama administration is urging the US Supreme Court to overturn a landmark decision that stops police from questioning suspects unless they have a lawyer present.

The effort to sweep aside the 23-year-old Michigan vs Jackson ruling is one of several moves by the new government to have dismayed civil rights groups.

President Barack Obama has already provoked controversy by backing the continued imprisonment without trial of enemy combatants in Afghanistan and by limiting the rights of prisoners to challenge evidence used to convict them.

The Michigan vs Jackson ruling in 1986 established that, if a defendants have a lawyer or have asked for one to be present, police may not interview them until the lawyer is present.

Any such questioning cannot be used in court even if the suspect agrees to waive his right to a lawyer because he would have made that decision without legal counsel, said the Supreme Court.

However, in a current case that seeks to change the law, the US Justice Department argues that the existing rule is unnecessary and outdated.

The sixth amendment of the US constitution protects the right of criminal suspects to be "represented by counsel", but the Obama regime argues that this merely means to "protect the adversary process" in a criminal trial.

The Justice Department, in a brief signed by Elena Kagan, the solicitor general, said the 1986 decision "serves no real purpose" and offers only "meagre benefits".

The government said that suspects have the right to remain silent, and that officers must respect that decision. But it argued that there is no reason a defendant who wants to speak without a lawyer present should not be able to respond to officers' questions.

Critics argue that the 1986 decision is important to protect vulnerable defendants such as the mentally disabled,

(Excerpt) Read more at telegraph.co.uk ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News
KEYWORDS: 6thamendment; lping; obama
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1 posted on 04/24/2009 11:06:19 PM PDT by Schnucki
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To: Schnucki

So only police torture can be used on American citizens accused of crimes, to get confessions and information.

But never, never use torture on a terrorist because they have constitutional rights.

Odooma hates Americans.


2 posted on 04/24/2009 11:12:32 PM PDT by o_zarkman44 (Obama is the ultimate LIE!)
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To: Schnucki

Why is it that IMPORTANT news like this has to be found out about via the UK’s media!? {Not disrespecting British journalism, but rather utterly disgusted at our domestic press.}

This is also disturbing. Especially in light a some recent encounter I’ve had with the law, and several more regarding government in general.


3 posted on 04/24/2009 11:22:07 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Schnucki

Imagine if GWB had tried to do this.


4 posted on 04/24/2009 11:24:05 PM PDT by Tired of Taxes (Dad, I will always think of you.)
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To: Schnucki

The story is from the UK. The only US media hits I get on this story are from the Detroit area. Nothing from national MSM.

My God we need the British to tell us what’s happening to our own civil rights in this country. I know the MSM is in the tank and all but this is just embarrassing. Redcoats defending US civil rights. What’s next, the French defending us from Mexico?


5 posted on 04/24/2009 11:25:45 PM PDT by Martel1971
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To: o_zarkman44

>So only police torture can be used on American citizens accused of crimes, to get confessions and information.

He’d better question the wisdom of embracing THAT path; if he does, the DHS report would have just become a self-fulfilling prophecy.


6 posted on 04/24/2009 11:26:02 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: o_zarkman44

Is he planning on rounding us up or what?


7 posted on 04/25/2009 12:05:15 AM PDT by Aria ( "The US republic will endure until Congress discovers it can bribe the public with the people's $.")
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To: Schnucki

Oh Boy...this is not good. Every day is more bad news. It’s getting harder and harder to deny that there are evil plans in store for this country, being formulated at the very highest levels of our government. The 2nd amendment and our honorable military are all that’s holding it in check at this point.


8 posted on 04/25/2009 12:13:43 AM PDT by kamikaze2000
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To: Schnucki

Sounds like obama plans on tromping all over civil rights. I can’t think that the majority of librocrats who voted for him will be very happy about this. I also expect them to bite their tongues and not say much about it. Cause they can’t think themselves to be smarter then everyone else in the world and then turn around and admit to having been wrong in voting for him.

What’s that saying? Pride goith before the fall? In this case I think they’re already falling but their pride is keeping them quiet.

I just wonder how much we’ll all have to suffer under obama before they give up their pride and admit they made a mistake.

I’m hoping regular democrats will join republicans and use 2010 to take away obama’s blank check and vote conservative.


9 posted on 04/25/2009 12:26:36 AM PDT by GloriaJane (http://www.last.fm/music/Gloria+Jane)
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To: Tired of Taxes
Imagine if GWB had tried to do this.

It's interesting that a man who owes his presidency to the strides of civil rights, is now trying to dismantle all Americans civil rights.

And as far as GWB, I can't think of anything he did that was so inconsiderate of Americans' rights but if he had done this, there would literally be riots or at least huge protests all over the news.

He would have been attacked from all angles.

Congress, the press, academia would have waged a massive political attack insinuating that he was fascist and didn't care about the poor and their problems. He would be called unfeeling and out of touch, undemocratic, misguided and stupid, full of racism and out of his mind.

That's what they would say and much of it applies to Obama but he won't experience that kind of heat.

The professional hate-mongers own the press and they are creatures of the left.

10 posted on 04/25/2009 12:28:44 AM PDT by TheThinker (America doesn't have a president. It has a usurper.)
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To: Schnucki

hmmm...interesting.


11 posted on 04/25/2009 12:35:25 AM PDT by Rick_Michael (Have no fear "President Government" is here)
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To: OneWingedShark
Why?? Because Obama can't and doesn't control the media from foreign countries like he does the American media. The American (MSM) media will never slam this guy. And if they do, they will be shipped to gitmo to go through illegal torture methods as in water boarding, listening to Obama speaking without his teleprompter, listening to people talking about how great the first lady looks, etc......
12 posted on 04/25/2009 12:36:41 AM PDT by antiunion person ("Do as I say, not as I do" says Nazi Pelosi, head of the socialist party of America.)
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To: Schnucki
I am so far past fury with Obama’s agenda that it could be comical, but I am so not laughing.

I cannot believe we have to learn about this idiocy and frightening agenda through the UK press. I know the press here is abysmal and slanted, biased, etc., but COME ON!!!

I am thinking that the tinfoil folks talking about the camps may be true.

13 posted on 04/25/2009 12:47:06 AM PDT by RepublicanChick
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To: Schnucki
They called this law “unnecessary and outdated”.

I have suspicion that we're going to be hearing those words often from this administration regarding our laws and Constitution.

14 posted on 04/25/2009 12:47:09 AM PDT by Semper Mark (Obama will bow to a man with a sheet on his head - Maybe we should all join the Klan)
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To: Aria

Is he planning on rounding us up or what?
_____________
He can try, he will fail


15 posted on 04/25/2009 12:50:58 AM PDT by mojitojoe ( Idiots elected a Marxist ideologue with narcissistic personality disorder & America is dying.)
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To: Schnucki
This is "American exceptionalism" for 0bamunists. American detainees do not need legal counsel. They're also made more cooperative by tazing. There's nothing wrong with it! Remember the old mantra, it's for the children? Well, in the new barackracy, it's for the po-lice!
16 posted on 04/25/2009 1:12:21 AM PDT by 668 - Neighbor of the Beast ( AR2, Overdue! = American Revolution II...Overdue.)
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To: TheThinker

“...Congress, the press, academia would have waged a massive political attack insinuating that he was fascist and didn’t care about the poor and their problems. He would be called unfeeling and out of touch, undemocratic, misguided and stupid, full of racism and out of his mind. “

That’s how I remember it!


17 posted on 04/25/2009 1:40:04 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Schnucki

Bump for exposure


18 posted on 04/25/2009 1:40:27 AM PDT by Brad’s Gramma (Life is but a big granola bar.)
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To: 668 - Neighbor of the Beast

American detainees do not need legal counsel.
Foreign detainees do need all US. protections.

I guess we can see who this administration sees as a
threat.


19 posted on 04/25/2009 1:42:50 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Aria
Most of “us” are already "rounded” up.

80% live in urban areas.

Not to hard to pull a couple of switches and turn a couple of valves to have all the city dwellers scrambling for heat, water and food.

On foot.

20 posted on 04/25/2009 1:46:35 AM PDT by Syncro
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