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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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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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To: dools007

I can’t see how you get that from my post about civil traffic violations.


51 posted on 05/06/2010 12:11:06 PM PDT by chooseascreennamepat
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To: Sudetenland
Really? The right to remain silent is not in the Constitution?

Care to hedge a guess as to where this came from?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

52 posted on 05/06/2010 4:35:48 PM PDT by gogogodzilla (Live free or die!)
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To: rabscuttle385; alarm rider; Alex1977; at bay; Babsig; BILL_C; bnelson44; Clintonfatigued; ...
Uber RINO Lindsey Ping
"Republican by day, Democrat by night."


Want on or off this ping list?
Just FReepmail me.


53 posted on 05/06/2010 4:39:52 PM PDT by upchuck (If you want a picture of the future, imagine a boot stamping on a human face -- forever. "1984")
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To: ansel12
So you are saying that...

What does the 'right to remain silent' have to do with the Fifth Amendment, which says "No person ...shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law..."?

(sarcasm on)I can completely see how the two are totally unrelated (sarcasm off).

54 posted on 05/06/2010 4:40:51 PM PDT by gogogodzilla (Live free or die!)
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To: MNJohnnie

The crux of the problem is that current US law mandates that all foreigners be granted the full protection of law while they are in US territory.

If, instead, we simply changed that so that US law protections only apply to US citizens, regardless of location... then foreign terrorists could be locked up indefinitely, or interrogated, without jeopardizing the Constitutional rights of US citizenry.


55 posted on 05/06/2010 4:48:19 PM PDT by gogogodzilla (Live free or die!)
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To: gogogodzilla

You missed the point, what does that have to do with a cop having to give you instructions on the Constitution when he picks you up for burglarizing a store at 2am?

Do you think the founding fathers and the American people simply overlooked that for 180 years, until the radically leftist Warren Court in 1966 added it to it’s list of leftist, activist, hidden meanings that they “discovered”?


56 posted on 05/06/2010 4:55:02 PM 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: gogogodzilla
Really? The right to remain silent is not in the Constitution?

If you are going to just keep making up straw dog arguments by willfully ignoring what people are saying and making up your own posts for them, then why bother pinging us at all, why just post to yourself?

57 posted on 05/06/2010 4:57:23 PM 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: gogogodzilla
Yeah, "really."

You really should learn to read what is written, not what you think is written. Miranda is not in the Constitution . . . anywhere. It was a case before the Supreme Court of the United States . . . the Warren Court . . . the most activist Court in the last half of the twentieth century.

The rights are as you say, but the legal requirement that those rights must be read to you before you are questioned is an invented right.
58 posted on 05/06/2010 7:04:35 PM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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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.

You mean the same Earl Warren who as Atty. General of California instituted the plan to incarcerate AMERICAN CITIZENS in camps without ever being charged with a crime due to the simple fact that they had Asian Ancestry?

The same Earl Warren who gutted the concept of states rights as Chief Justice? Yeah, that's a real Libertarian Icon. </sarcasm>

Get help.

59 posted on 05/06/2010 9:12:12 PM PDT by Calvinist_Dark_Lord ((I have come here to kick @$$ and chew bubblegum...and I'm all outta bubblegum! ~Roddy Piper))
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To: Calvinist_Dark_Lord

Look at who is defending the Warren court on this thread, and yes Earl Warren as a SC Justice was seen as a libertarian hero.


60 posted on 05/06/2010 9:27:15 PM PDT by ansel12 (Romney-"I longed in many respects to actually be in Vietnam and be representing our country there")
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