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Obama wants to end 23-year-old Michigan vs Jackson(defendants right to lawyer before questioning)
Hot Air ^ | 25 APR 2009 | Ed Morrissey

Posted on 04/25/2009 1:04:36 PM PDT by Bush Revolution

The Obama administration has argued for the end of the Michigan v Jackson ruling that requires police to provide an attorney for a suspect once one has been requested. They argue that the benefits are “meagre,” as the Telegraph puts it:

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. …

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current case that seeks to change the law, the US Justice Department argues that the existing rule is unnecessary and outdated.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

(Excerpt) Read more at hotair.com ...


TOPICS: Breaking News; Government; News/Current Events
KEYWORDS: 0bama; 0bamaisfailing; 6thamendment; agenda; barackobama; bho44; bhodoj; corruption; democrats; donttreadonme; elenakagan; first100days; fubo; givemeliberty; idiocracy; letsroll; michiganvjackson; obama; obamatruthfile; treeofliberty; truthmatters0
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Hummmmmm...
1 posted on 04/25/2009 1:04:36 PM PDT by Bush Revolution
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To: Bush Revolution

Your Dear Leader needs this omnipotence. No soup for you, Conservative Swine. Guilty. To the Camp!


2 posted on 04/25/2009 1:06:56 PM PDT by Shady (The Fairness Doctrine is ANYTHING but fair!!!!)
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To: Bush Revolution
Until he overturns the 5th Amendment, he can KMA.

Is he looking to overturn Miranda too?

3 posted on 04/25/2009 1:07:51 PM PDT by Las Vegas Ron (I'd rather the world hate us then laugh at us)
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To: Bush Revolution

Burning the Bill of Rights one Amendment at a time.


4 posted on 04/25/2009 1:10:27 PM PDT by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: Shady
Well said...Ummm paging the anti-american ACLU?????????? The list is already so long for the “What is Bush did this?” 100 days already feels like 100 years...And he hasn't even warmed up yet it seems.
5 posted on 04/25/2009 1:10:30 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: Bush Revolution

That would be...What if Bush did it?


6 posted on 04/25/2009 1:11:45 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: Bush Revolution
Interesting.

This gains him no political points at all, and no real power either.
Anyone who doesn't know the 5th amendment & also thinks for some weird reason that he HAS to talk to the cops after being arrested is probably a liberal ipso facto.

7 posted on 04/25/2009 1:12:29 PM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: Bush Revolution

The ACLU has determined that the “good guys” (e.g. them) are now in charge, and there’s no further need for civil liberties. The left never changes.


8 posted on 04/25/2009 1:13:25 PM PDT by eclecticEel ("Envy is always referred to by its political alias, 'social justice.' " - T. Sowell)
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To: Bush Revolution
Obama's Post-Election Symbol Pictures, Images and Photos

The Constitution is counter-revolutionary.

9 posted on 04/25/2009 1:14:20 PM PDT by Snickering Hound
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To: Bush Revolution
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”.

Then why end it? Is it somehow bothering Mr Obama?

10 posted on 04/25/2009 1:14:54 PM PDT by scratcher
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To: Bush Revolution

Step 1 of eliminating liberty. The civilian police force will then have an unnecessary burden removed.

Hussein’s world.


11 posted on 04/25/2009 1:15:13 PM PDT by Recovering_Democrat (I'm SO glad I no longer belong to the party of Dependence on Government!)
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To: bill1952

“This gains him no political points at all, and no real power either.”

My thoughts, so why do it? I really don’t get this guy.


12 posted on 04/25/2009 1:15:24 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: Bush Revolution

not a peep from RATS on this because all registerd Democrats love State power. They will cheer at mobs publically lynching any free thinkers.


13 posted on 04/25/2009 1:16:57 PM PDT by rrrod
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To: Las Vegas Ron
Is he looking to overturn Miranda too?

It appears so

14 posted on 04/25/2009 1:16:57 PM PDT by Mr_Moonlight
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To: Bush Revolution
Original article already posted here
15 posted on 04/25/2009 1:18:47 PM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: Bush Revolution
“My thoughts, so why do it? I really don’t get this guy.”

It's hard to understand the mind of a commie.

16 posted on 04/25/2009 1:19:52 PM PDT by scratcher
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To: 2nd amendment mama

Thanks

original thread:

http://www.freerepublic.com/focus/f-news/2237479/posts


17 posted on 04/25/2009 1:20:33 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: Bush Revolution

Obama would doubtless be among the screamers and cryers if this had taken place under Bush.


18 posted on 04/25/2009 1:22:07 PM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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To: Bush Revolution
I really don’t get this guy.

It is a puzzle, isn't it?

Probably, this is a pet project of someone connected to him in some way.

19 posted on 04/25/2009 1:22:50 PM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: Bush Revolution

This makes absolutely no sense at all. I’m no ACLU type, but the right to counsel is in the Constitution for good reason.


20 posted on 04/25/2009 1:24:03 PM PDT by popdonnelly (The greatest crimes in history have been perpetrated by governments. You've been warned.)
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To: Bush Revolution
“serves no real purpose”

Just like the Democrat Party. Democrats exist only to suck the blood from living organisms.

21 posted on 04/25/2009 1:24:11 PM PDT by ChicagahAl (Don't blame me. I voted for Sarah.)
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To: scratcher

A commie wants to make everything communal, if it kills you.

A liberal civil rights stance is not a stopping place, but a stepping stone, to a communist. Once it ceases to be useful to creating the commune, he will gladly cast it away.


22 posted on 04/25/2009 1:24:52 PM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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To: Bush Revolution

She and Napolitano, a match made in Heaven. Together, 450+ lbs. of fun in the off hours.


23 posted on 04/25/2009 1:25:47 PM PDT by TheLawyerFormerlyKnownAsAl
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To: HiTech RedNeck
What if Bush did it?

My guess is that many BushBots would be praising Bush if he were to of done the same thing.

However, I don't care who does it, all I know is that it is an attempt to slash and burn the Constitution.

24 posted on 04/25/2009 1:27:05 PM PDT by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: HiTech RedNeck

Well said.


25 posted on 04/25/2009 1:27:38 PM PDT by scratcher
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To: Bush Revolution

He wants no witnesses to the interrogation torture, I suppose.


26 posted on 04/25/2009 1:27:59 PM PDT by TaxRelief (Walmart: Keeping my family on-budget since 1993.)
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To: Bush Revolution
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.

Not to worry, the "civil rights" leadership will be humping Obama's legs (again) by the end of the week

27 posted on 04/25/2009 1:29:10 PM PDT by Smedley (It's a sad day for American capitalism when a man can't fly a midget on a kite over Central Park)
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To: Mr_Moonlight
Is he looking to overturn Miranda too?

It appears so.

My wife was trying to tell me something about this, and I told her she was getting something confused... guess I owe her an apology ... what is the story?

28 posted on 04/25/2009 1:29:20 PM PDT by Mark was here (The earth is bipolar.)
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To: popdonnelly
This makes absolutely no sense at all. I’m no ACLU type, but the right to counsel is in the Constitution for good reason.

This ruling does not denie the right to council.

The ruling is, if a defendants have a lawyer or have asked for one to be present, the police may not interview them until the lawyer is present, even if the suspect agrees to waive his right to a lawyer.

29 posted on 04/25/2009 1:29:42 PM PDT by Doe Eyes
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To: Bush Revolution
“The Obama administration has argued for the end of the Michigan v Jackson ruling that requires police to provide an attorney for a suspect once one has been requested. They argue that the benefits are “meagre,” as the Telegraph puts it:”

OK, Hypothetical...

Joe blow gets pulled over for 37 in a 35 mph zone.

Joe has had a couple beers but did nothing wrong except 2mph over the limit.

Barney Fife smells the beer and makes poor Joe blow in his machine.

Barney know that the state county makes a bundle off DUI arrests.

Joe is arrested, but demands an attorney before he does anything more.

Barney's road-side breath sniffer isn't accurate enough to stand up in court, and without Joe's attorney present they can't force him to blow in the calibrated legal machine at the police station.

2 hours later a lawyer shows up at the jail and Joe blows .03.

Perfectly legal in every state...Joe walks free.

Tell me again how this is trivial and no big deal to Joe?

30 posted on 04/25/2009 1:30:21 PM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: rrrod
not a peep from RATS on this because all registerd Democrats love State power. They will cheer at mobs publically lynching any free thinkers.

Actually, there is quite a group of both liberals and conservatives supporting the reversal of this conviction and for affirming the Michigan v. Jackson; including a number of former federal prosecutors and judges' and Former FBI director William Sessions. On the libersl side, ther ia th ACLU and public defenders associations, etc.

While I don't agree with the ACLU on most issues, they get a lot right when it comes to defending unjustly prosecuted/convicted defendants.

31 posted on 04/25/2009 1:31:23 PM PDT by SeaHawkFan
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To: bill1952
I do know he does one thing and then says another constantly. I'm wondering how he is going to explain this one away. That he's being pro-police (maybe for the future civilian security force) and anti-criminal(yes it's a stretch). What are we going to look like in a year? It's only been 100 days and he's shown the terrorists our methods, taken over most of the financial system and spent us into what will probably be a depression.

“My reading of history convinces me that most bad government results from too much government.”
Thomas Jefferson

32 posted on 04/25/2009 1:31:52 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: trumandogz

“My guess is that many BushBots would be praising Bush if he were to of done the same thing.”

Idiotic and irrelavant comment, President Bush did not, Obama did.


33 posted on 04/25/2009 1:32:09 PM PDT by scratcher
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To: Bush Revolution

Surprise, surprise, surprise - Obama isn’t really black at heart after all.

Lookin’ more and more each day as if he is just the Saul Alinksy commie and Bill Davis acolyte which those Republican Reptiles said he was.


34 posted on 04/25/2009 1:35:51 PM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: Bush Revolution

Here is the petition for cert with the USSC.

http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-1529_Petitioner.pdf

This guy was railroaded, but if the CIA treated a terrorist in this manner, he’d lose his job and may get prosecuted.


35 posted on 04/25/2009 1:35:56 PM PDT by SeaHawkFan
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To: Bush Revolution
Let's see....black urban policemen, black urban DAs, black falsely accused 'perpetrators'........not a problem here -- they won't be charged. On the other hand, white urban 'suspect', black urban policement, black DAs......."cracker don't need no mouthpiece"......

Try that here where I live Obama.

36 posted on 04/25/2009 1:37:48 PM PDT by Gaffer
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To: All

I think people need to read up on this case before freaking out. The administration is right on this and the Bush administration would’ve supported the same stance. Overruling Jackson will not take away the right to counsel.


37 posted on 04/25/2009 1:38:13 PM PDT by NinoFan
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To: SeaHawkFan

thanks


38 posted on 04/25/2009 1:38:53 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: Snickering Hound
NT
MINE




39 posted on 04/25/2009 1:40:12 PM PDT by ThreePuttinDude (o)(o)
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To: Doe Eyes

Thank god someone gets it. Overruling Jackson will not take away the right to counsel and it will not impact reading of Miranda rights. (I’m surprised at how many FReepers seem to defend Miranda. It’s holding that defendants must be read their rights is nowhere to be found in the Constitution.)


40 posted on 04/25/2009 1:43:24 PM PDT by NinoFan
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To: Bush Revolution

Obama does call the Bill of Rights as “anti-Constitutional rights”.


41 posted on 04/25/2009 1:43:35 PM PDT by Red Steel
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To: Las Vegas Ron

That would be where this is going, Overturn Miranda and Escobedo. Of course since conservatives railed against those Warren Court decisions it may be a bit hypocritical for conservatives to oppose the haloed one on this. Of course with the last wekk as a guide, it will be conservatives in the dock.


42 posted on 04/25/2009 1:44:06 PM PDT by xkaydet65
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To: NinoFan

Yes, but if you wanted an attorney present for questioning it would take away that right. Yes, everyone gets a lawyer in court, but they should also have one during questioning if they so desire. Why do you think it’s a good idea to overturn it?


43 posted on 04/25/2009 1:44:45 PM PDT by Bush Revolution (I'm surprised at how surprised I am of the continuous media love fest...for the O)
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To: trumandogz

Except it’s not. Michigan v. Jackson was wrongly decided.


44 posted on 04/25/2009 1:45:11 PM PDT by NinoFan
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To: Bush Revolution

Making it easier and easier for his brownshirts to come for you. Defense??? What defense? You swine have no defense against us.


45 posted on 04/25/2009 1:45:13 PM PDT by annieokie (i)
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To: NinoFan

One might claim that the Miranda is enough, that the person should know better than to talk after that. But a psychologically vulnerable person (this is not equivalent to a criminal person) might be yet coerced into talking. It is not “freaking out” to show a genuine concern, so you only put forth a straw man.


46 posted on 04/25/2009 1:46:04 PM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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To: Bush Revolution

Wrong. You still get one during questioning. That’s not what this is about.


47 posted on 04/25/2009 1:46:42 PM PDT by NinoFan
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To: Bush Revolution

If you read it, what do you think?


48 posted on 04/25/2009 1:47:37 PM PDT by SeaHawkFan
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To: NinoFan

You would want the subject to be kept ignorant of this if he already was.


49 posted on 04/25/2009 1:47:44 PM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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To: Bush Revolution

This will call Miranda in question shortly.


50 posted on 04/25/2009 1:50:25 PM PDT by wastedyears (Iron Maiden's gonna get ya, no matter how far!)
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