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Sen. Lindsey Graham: Miranda rights 'counterproductive' (in interrogating U.S. citizens)
Politico ^ | 2010-05-06 | Kasie Hunt

Posted on 05/06/2010 7:44:13 AM PDT by rabscuttle385

Sen. Lindsey Graham (R-S.C.) wants to allow the government to interrogate U.S. citizens suspected of terrorism without warning them of their right to remain silent—a proposal that would dramatically rewrite the rules regarding suspects captured inside the United States.

“Miranda warnings are counterproductive in my view,” Graham said at a Senate Homeland Security and Governmental Affairs Committee hearing Wednesday.

“The homeland is part of the battlefield. So this idea that you get to America, the rules dramatically change, to the benefit of the suspect – the terrorist – makes no sense,” he said.

Graham told POLITICO he is working on legislation that would redefine the so-called “public safety exemption” to Miranda warnings. Under current law, police can question a suspect to obtain admissible evidence without informing them of their rights if they believe that there is an “exigent danger” – like a ticking time bomb — that another crime is about to be committed.

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


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections; US: South Carolina; War on Terror
KEYWORDS: 111th; 11idiotsdrivel; 1dishonestpost; 2010; acornpaidforthis; assclownpost; cinoattack; clownpost; congress; dailyobot; dncporpaganda; donttreadonme; elections; ignorance; liarschoir; liberalfascism; libertyordeath; lindseygraham; lping; madeuppropaganda; mccain; mclameslapdog; mirandarights; mirandavsarizona; mirandawarning; nwo; obotsattack; paulbotsignorance; paulbotstupidity; policestate; rapeofliberty; rino; soros; totallystupidpost; traitor; tyranny
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1 posted on 05/06/2010 7:44:13 AM PDT by rabscuttle385
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To: rabscuttle385

Make no difference to me, but this will be for ALL suspects, in ALL crimes.


2 posted on 05/06/2010 7:45:22 AM PDT by Wolfie
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To: bamahead
Sen. Lindsey Graham (R-S.C.) wants to allow the government to interrogate U.S. citizens suspected of terrorism without warning them of their right to remain silent—a proposal that would dramatically rewrite the rules regarding suspects captured inside the United States.

Check this out.

Once the damnable McCain and his lap dog Graham have served their purposes, their leftist "friends" might choose to label conservatives, libertarians, and Tea Partiers as "domestic terrorists" and summarily strip them of their rights as U.S. citizens.

3 posted on 05/06/2010 7:45:51 AM PDT by rabscuttle385 (Live Free or Die)
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To: rabscuttle385
a proposal that would dramatically rewrite the rules regarding suspects captured inside the United States

This guy has a college degree (and presumably a television) and has likely heard the term "You have the right to remain silent..." about 1,000,000 in cop shows over the years. I don't imagine it was news to him.

4 posted on 05/06/2010 7:47:24 AM PDT by Onelifetogive (Flame away...)
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To: rabscuttle385
.
“Miranda warnings are counterproductive in my view,”

That was the position of some LEOs a few decades ago.

Now, however it just sounds ominous.

5 posted on 05/06/2010 7:47:30 AM PDT by Touch Not the Cat (Where is the light? Wonder if it's weeping somewhere...)
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To: rabscuttle385

So give terrorists rights but take rights away from Americans.

Hot tar and feathers for these slime.


6 posted on 05/06/2010 7:48:10 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: rabscuttle385

I would be more concerned about having specific safeguards written into such a new law.

I don’t trust the likes of Lindsey Graham or future politicans.

Too many times the seemingly innocuous laws they write have devastating unintended consequences.


7 posted on 05/06/2010 7:49:44 AM PDT by TomGuy
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To: upchuck

fyi


8 posted on 05/06/2010 7:51:44 AM PDT by rabscuttle385 (Live Free or Die)
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To: rabscuttle385
They aren't "Miranda" rights; they're Constitutional rights.

Miranda just means that a LEO has to give every suspect a lesson on his Constitutional rights before asking him questions.

9 posted on 05/06/2010 7:52:19 AM PDT by TChris ("Hello", the politician lied.)
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To: rabscuttle385

First dig of the spur to take ALL our rights away. Welcome to the New World Order.


10 posted on 05/06/2010 7:52:39 AM PDT by pray4liberty (dare I say it?)
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To: TomGuy
Sorry folks, but Miranda "rights" are another of the (very activist) Warren Court's creations. The requirement that a suspect be "Mirandized" isn't in the Constitution nor the amendments thereto.

Just one in a long list of invented rights that have weakened our justice system into one in which the rights of the accused prevail over the rights of the victim.

Miranda is just another liberal hinderance to effective law enforcement.
11 posted on 05/06/2010 7:57:15 AM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: rabscuttle385
Another candidate for the "How stupid is" list.

If terrorists are held as illegal combatants at Gitmo, Miranda is unnecessary.

If they are held as criminals in any US justice facility, Miranda is absolutely necessary for conviction.

An exception for "terrorism" will never pass Constitutional test. SCOTUS must reverse Miranda universally.

Ghramnesty is a maroon.

12 posted on 05/06/2010 7:58:01 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: rabscuttle385

The Miranda decision was another one of the leftists/libertarian big victories during the 60s from the libertarian hero, Earl Warren’s radical court.


13 posted on 05/06/2010 7:58:45 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: rabscuttle385

It’s just a short hop to now everybody who hates big government is a terrorist.


14 posted on 05/06/2010 7:59:06 AM PDT by Tarpon ( ...Rude crude socialist Obama depends on ignorance to force his will on people)
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To: rabscuttle385
This is unrelated, but anybody else have a problem with this term “homeland”. When and why did that come into common use? So if this is the homeland, what other lands are there? I think the use of this term sets expectation that this country is the property of the world, and, therefore, the people of the world should be allowed to come and go and do whatever business they please here without the consent of the citizens. The idea that this is a integral nation with citizens is now obsolete.
15 posted on 05/06/2010 7:59:52 AM PDT by throwback ( The object of opening the mind, as of opening the mouth, is to shut it again on something solid)
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To: TChris

Correct. Miranda simply makes a legal loop hole for criminals. The rights pre-existed even the Constitution and must be respected, but the Miranda requirement is an invention of the left.


16 posted on 05/06/2010 8:00:44 AM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: TChris

When I drive my car I’m expected to know all the laws pertinent to driving. Ignorence is no excuse. The cop stopping me does not read my “rights”.

Only clever lawyers could cook up the Miranda nonsense with respect to nondriving crimes. I doubt a single innocent person has benefitted from Miranda. Only criminals benefit from it.


17 posted on 05/06/2010 8:01:17 AM PDT by dools007
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To: Sudetenland
The requirement that a suspect be "Mirandized" isn't in the Constitution nor the amendments thereto.

IIRC, it has something to do with that pesky Fifth Amendment:
18 posted on 05/06/2010 8:04:41 AM PDT by TomGuy
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To: TomGuy

What in heck does that have to do with Miranda?


19 posted on 05/06/2010 8:07:32 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: TomGuy

Nowhere does it say anything about requiring the suspect to be read his rights. That is a creation of the Warren Court, it’s not in the Constitution.


20 posted on 05/06/2010 8:08:44 AM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: rabscuttle385

I don’t trust this red herring. When the person is an American citizen, they get their rights, and should be chaarged with treason. If found guilty, then it’s firing squad time...


21 posted on 05/06/2010 8:13:47 AM PDT by LRS (Just contracts; just laws; just a constitution...)
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To: rabscuttle385
"From 1953 to 1969, Earl Warren presided as chief justice of the U.S. Supreme Court. Under Warren's leadership, the Court actively used Judicial Review to strictly scrutinize and over-turn state and federal statutes, to apply many provisions of the Bill of Rights to the states, and to provide opportunities for those groups in society that had been excluded from the political process. During Warren's tenure, the Court became increasingly liberal and activist, drawing the fire of political and judicial conservatives who believed that the Warren Court had over-stepped its constitutional role and had become a legislative body. The Warren Court itself became a catalyst for change, initiating reforms rather than responding to pressures applied by other branches of government.

The Warren Court was committed to the promotion of a libertarian and egalitarian society."

"But on the big legal questions, the war was over, and the liberals had won. And their victories went beyond the judgments of the Supreme Court. The Warren Court transformed virtually the entire legal culture, especially law schools.

"It was not surprising, then, that on the day after Ronald Reagan defeated Jimmy Carter in 1980, Yale Law School went into mourning."

22 posted on 05/06/2010 8:15:10 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: rabscuttle385

McCain’s poodle has become quite the little fascist.


23 posted on 05/06/2010 8:15:59 AM PDT by dforest
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To: rabscuttle385

Still running interference for McCain I see.


24 posted on 05/06/2010 8:17:54 AM PDT by Buckeye Battle Cry (Enjoy nature - eat meat, wear fur and drive your car!)
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To: throwback

Homeland security, Bush II.


25 posted on 05/06/2010 8:21:50 AM PDT by muddler (Obama is either incompetent or malicious, and it makes little difference which.)
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To: Sudetenland
Really? So “effective” law enforcement trumps exercising one’s rights?
26 posted on 05/06/2010 8:28:28 AM PDT by starlifter (Sapor Amo Pullus)
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To: TomGuy
You are obviously a leftist liberal.

LEO LEO Uber Alles!!!!!

27 posted on 05/06/2010 8:30:38 AM PDT by starlifter (Sapor Amo Pullus)
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To: starlifter

So the need for you being told the rights you should already know you have trumps your being guilty of a crime?


28 posted on 05/06/2010 8:42:53 AM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: rabscuttle385

McCain, Graham, Lieberman want to take away our Constitutional rights.


29 posted on 05/06/2010 8:43:48 AM PDT by NeoCaveman (we now live in a post-Obamapacolyptic world)
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To: Sudetenland
Miranda is just another liberal hinderance to effective law enforcement.

No offense, but I find your post combined with your screen name to be high in irony.

30 posted on 05/06/2010 8:45:01 AM PDT by NeoCaveman (we now live in a post-Obamapacolyptic world)
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To: starlifter

What does Miranda have with you exercising your rights?

Do you think that those rights did not exist before the leftist year of 1966, and the leftist, activist Warren Court?


31 posted on 05/06/2010 8:45:42 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: ansel12
Why are you afraid to remind people of their rights?
32 posted on 05/06/2010 8:46:27 AM PDT by starlifter (Sapor Amo Pullus)
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To: Sudetenland
Nope. It’s what makes America a great country.

Somehow I suspect you were one those cheering the events of 1938.

33 posted on 05/06/2010 8:49:12 AM PDT by starlifter (Sapor Amo Pullus)
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To: ansel12

The Miranda decision was another one of the leftists/libertarian big victories during the 60s from the libertarian hero, Earl Warren’s radical court.

Yes it was but now it is not useful to the our agenda let us get rid of it. Citizen rights are getting in the way of our agenda. Rights be damn then I guess.


34 posted on 05/06/2010 8:49:34 AM PDT by vicar7
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To: rabscuttle385
The spin that the Progressive Facists at Politico put on this is not accurate based on what Graham said. As the quote in the story shows, he was not talking about US Citzens.

“The homeland is part of the battlefield. So this idea that you get to America, the rules dramatically change, to the benefit of the suspect – the terrorist – makes no sense,” he said.

35 posted on 05/06/2010 8:51:15 AM PDT by MNJohnnie (The problem with Socialism is eventually you run our of other peoples money. Lady Thatcher)
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To: starlifter

Another “right” that you leftists “discovered” in the radical 1960s.

The “right” to make a cop serve as your personal lawyer and tell you not to speak to them.

“The Origin of the Miranda Warning
In 1963 Ernesto Miranda was arrested in Phoenix as a suspect for kidnapping and rape. Police questioned him. Miranda admitted to the crimes orally and in writing. He did not know he had no obligation to speak to police without a lawyer, or at all. The victim identified him in a lineup.

At trial his attorney objected to the use of his statements. Miranda was convicted. His statements and the identification were the evidence. He was sentenced to 20 to 30 years in prison. His conviction was appealed to the Arizona Supreme Court, which affirmed.

In 1966 his case reached the United States Supreme Court. The Supreme Court found that his Fifth and Sixth Amendment rights were violated overturning his conviction. This was the case of Miranda v. Arizona.”


36 posted on 05/06/2010 8:53:41 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: vicar7

What?


37 posted on 05/06/2010 8:54:55 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: starlifter

What a childish way for you to phrase that question, do you so live in a world of fear that even on this thread you think that people are afraid of something?


38 posted on 05/06/2010 8:56:54 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: ansel12
I'm sure your law enforcement union brothers are proud of you.

To say a warning about constitutional rights is forcing a cop to be your personal lawyer is ridiculous.

Or, in other words, uneducated or stupid people don't have rights.

39 posted on 05/06/2010 8:58:44 AM PDT by starlifter (Sapor Amo Pullus)
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To: ansel12
You have made abundantly clear that you are afraid of reminding people of their rights.
40 posted on 05/06/2010 8:59:51 AM PDT by starlifter (Sapor Amo Pullus)
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To: starlifter

You have made abundantly clear that the left has so polluted our nation that even here, the Earl Warren court has it’s fans.

You still have not explained why it is the duty of cops to serve criminals as lawyers and need to tell them to shut up, or why you lefties did not discover that “right” during the first 180 years of America, before the activist agenda of the radical left during the Warren Court that Reagan so despised.


41 posted on 05/06/2010 9:19:21 AM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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To: starlifter
So “effective” law enforcement trumps exercising one’s rights?

One can exercise one's rights regardless of Miranda. Or do you think your ability to exercise your rights depends on some employee of the state reciting those rights to you?

42 posted on 05/06/2010 9:25:01 AM PDT by VRWCmember
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To: starlifter
Or, in other words, uneducated or stupid people don't have rights.

Whose responsibility is it for people to be informed of their rights. Is it your responsibility as a citizen to know your rights? Or is it the responsibility of an employee of the state to inform you of your rights? Just like ignorance of the law should not be deemed an excuse for violating the law, ignorance or your rights should not be deemed the fault of the state that you die not exert your rights.

43 posted on 05/06/2010 9:31:28 AM PDT by VRWCmember
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To: dools007

[When I drive my car I’m expected to know all the laws pertinent to driving. Ignorence is no excuse. The cop stopping me does not read my “rights”.]

Driving infractions are not criminal violations.


44 posted on 05/06/2010 9:35:00 AM PDT by chooseascreennamepat
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To: rabscuttle385

(All of the senior GOP Senators leaders must go) they have stop the conservative movement for years


45 posted on 05/06/2010 10:05:02 AM PDT by day21221
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To: rabscuttle385; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ..
Sen. Lindsey Graham (R-S.C.) wants to allow the government to interrogate U.S. citizens suspected of terrorism without warning them of their right to remain silent—a proposal that would dramatically rewrite the rules regarding suspects captured inside the United States.

Idiot Linseed would consider a global-warming denier a terrorist.



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here

46 posted on 05/06/2010 10:45:10 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: chooseascreennamepat

I’m sorry, the nuance eludes me.

But, to follow your logic, you probably think foreign terrorists should be read their “rights”, too.


47 posted on 05/06/2010 10:49:32 AM PDT by dools007
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To: Sudetenland

Seems like things are supposed to be hard on law enforcement officers, and the accused are supposed to get as much help as possible. That has been our system from the beginning.


48 posted on 05/06/2010 10:53:33 AM PDT by Mr. Blonde (You ever thought about being weird for a living?)
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To: starlifter
Nice ad hominem. What's the matter can't argue with the facts? Miranda was a creation of the Warren Court, one of the most activist courts in our nation's history.

Too bad you'd rather sling mud than educate yourself.

As for what "makes America a great country," I have to agree, America is a much safer more pleasant place to live today than it was back in the 1950's and early 60's when people didn't even bother to lock their front doors, gangs in schools were a rare and urban phenomenon, and criminals were put behind bars to do hard labor rather than molly coddled in air conditioned spas.

Nope, I'll take the days before prisoners had more rights than their victims and one small clerical error can send a guilty man free.
49 posted on 05/06/2010 11:06:43 AM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: dools007

[But, to follow your logic, you probably think foreign terrorists should be read their “rights”, too.]

Absolutely not!


50 posted on 05/06/2010 11:57:11 AM PDT by chooseascreennamepat
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