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How to Interrogate Him
National Review ^ | 04/21/2013 | John Yoo

Posted on 04/21/2013 6:48:30 AM PDT by SeekAndFind

How do we treat the suspect captured last night for the Boston Marathon bombing? If Dzhokhar Tsarnaev, a 19-year-old Chechen, is linked to international terrorist groups such as al-Qaeda, federal intelligence agents should get the first crack at him, without a Miranda warning or lawyer. He would be an enemy combatant, entitled to the same constitutional rights, no more and no less, that any enemy would receive, as the Supreme Court made clear in the 1942 Quirin case. In wartime, no enemy combatant receives Miranda warnings or lawyers, which would defeat the purpose of conducting interrogation for the purpose of gaining intelligence — not for investigation purposes of a suspect.

But if Tsarnaev is a domestic killer with a death wish, without any link to our War on Terror, Miranda applies. He must be warned of his right to a lawyer and his right to remain silent, and be provided with a lawyer if he wants one. There is only a narrow exception, the “public safety” exception, that allows questioning to gain information about any threats and exigencies, such as another attack or imminent crime. I think this exception should be read more broadly by the courts, because of the importance here of rolling up any network supporting the Tsarnaevs before it scatters.

The best thing for the government to do would be to question the younger Tsarnaev without Miranda and without a lawyer, but under the condition that nothing gained could be used against him in a civilian trial. Once questioning for military and intelligence purposes is over, the government should then read him his Miranda rights and provide him a lawyer. But the main focus should not be on getting a “confession” or gathering evidence for a prosecution, but on gaining intelligence on any broader network or planned attacks. The goal should be stopping future attacks, not holding him guilty for past ones (that should prove easy enough with the great deal of physical evidence available).


TOPICS: Culture/Society; Government; News/Current Events; War on Terror
KEYWORDS: boston; interrogation; jaharcondition; jaharinterrogate; terrorist
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1 posted on 04/21/2013 6:48:30 AM PDT by SeekAndFind
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To: SeekAndFind

Calling Jack Bauer! Jack Bauer, you have a patient!


2 posted on 04/21/2013 6:49:33 AM PDT by ryan71 (The republican party is dead to me. Dead. Don't bother trying to revive it.)
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To: ryan71

You’re gonna have to give him a laptop, Docs say throat wound may prevent speech!


3 posted on 04/21/2013 6:50:59 AM PDT by Conserev1 ("Still Clinging to my Bible and my Weapon")
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To: SeekAndFind

I’d throw him in a cell with some pigs, no latrine.

No food, or water.

Either give us names, or starve.....unless you’re willing to eat the pig.


4 posted on 04/21/2013 6:53:12 AM PDT by FreedomStar3028
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To: SeekAndFind

Stake him out in a large open field , surrounded by many black bags. One of the bags has a pressure cooker bomb to be detonated at random with in 24 hours.

Repeat as required.

Or present him as a gift to Mr.Putin.


5 posted on 04/21/2013 6:56:02 AM PDT by DUMBGRUNT (The best is the enemy of the good!)
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To: FreedomStar3028

I’m sort of loving it that he’s in a Jewish hospital.


6 posted on 04/21/2013 6:57:48 AM PDT by Mercat
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To: SeekAndFind

“Water”board him - with flaming gasoline.


7 posted on 04/21/2013 6:57:53 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: SeekAndFind

As bad as the act was, he is still a sympathetic looking kid and sad to say, by the time its over, he may be presented as a saint by the defense. He was misguided, and mislead by his older brother who was the real villain and who controlled him. Booo hooo hooo, its coming, bet on it. Life in prison, with a pardon from President Michelle Obama in 2020. ;o)


8 posted on 04/21/2013 7:10:30 AM PDT by Bringbackthedraft (Remember Ty Woods, Glenn Doherty and Sean Smith? Forgot already?)
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To: DUMBGRUNT

“Or present him as a gift to Mr.Putin.”

Let Vlad have him, provided we can watch the “interviews.”


9 posted on 04/21/2013 7:14:46 AM PDT by libstripper
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To: SeekAndFind

Ten years ago someone wrote on how to interrogate Khalid Sheikh Mohammed after he was captured. Hook him up to a respirator after injecting him with a powerful muscle relaxant that shuts down the body’s breathing reflex. Death by suffocation is probably the most frightful agony that a conscious human can ever know.

Start the questioning by asking what the interrogators already know (”Are you a Muslim? Would you like a drink of pig grease?”).

As long as the muzzie answers to the interrogators’ satisfaction, the respirator maintains his breathing & he goes on living. Whenever he balks, shut it off until he frantically signals that he’s willing to talk some more.

Repeat until all useful information has been extracted. Then wish him “Adios, m****f****” & pull the plug. Dispose of remains contrary to all standard muzzie burial practices. Pork should be used in the final process.


10 posted on 04/21/2013 7:19:50 AM PDT by elcid1970 ("The Second Amendment is more important than Islam.")
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To: SeekAndFind

The best way to question him is dressed up like a pig while he is out of his gourd on sodium pentathol. After he has spilled his guts,waterboard him 4 or 5 times to make sure he’s not holding anything back. Then stuff his mouth full of pig shit and switch the sodium pentathol over to a slow battery acid drip.


11 posted on 04/21/2013 7:25:20 AM PDT by Slump Tester (What if I'm pregnant Teddy? Errr-ahh -Calm down Mary Jo, we'll cross that bridge when we come to it)
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To: SeekAndFind

First of all, have some bacon frying in the background.


12 posted on 04/21/2013 7:27:41 AM PDT by tennmountainman
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To: SeekAndFind

Tie each foot to horses headed in opposite directions and tell him to make a wish.


13 posted on 04/21/2013 7:33:23 AM PDT by csmusaret (America is more divided today , not because of the problems we face but because of Obama's solutions)
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To: SeekAndFind

The real tragedy of this kind of outrage is that every time it occurs, further power is wrested from the citizenry and concentrated in the hands of government.


14 posted on 04/21/2013 7:34:50 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: SeekAndFind
In wartime, no enemy combatant receives Miranda warnings or lawyers, which would defeat the purpose of conducting interrogation for the purpose of gaining intelligence — not for investigation purposes of a suspect.

This is where all of these legal arguments fall apart. The United States has not had a formal declaration of war in more than 70 years, so any attempt to use "wartime" exceptions in a legal process is on very shaky ground.

This is also where the whole process of applying a description like "enemy combatant" to anyone (but especially an American citizen apprehended on U.S. soil) never made any sense to me at all.

15 posted on 04/21/2013 7:35:31 AM PDT by Alberta's Child ("I am the master of my fate ... I am the captain of my soul.")
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To: SeekAndFind
The best thing for the government to do would be to question the younger Tsarnaev without Miranda ....

A person retains his constitutional rights regardless of whether he's been advised of them.

16 posted on 04/21/2013 7:36:38 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: SeekAndFind

Beat him with a Bible.


17 posted on 04/21/2013 7:38:25 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off.)
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To: SeekAndFind
We have certain allies that would find out whatever we want to know... no Marquees of Queensberry Rules used... well we did have such allies before satan won in 2008.

LLS

18 posted on 04/21/2013 7:41:17 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: SeekAndFind

Remember sodium pentathol? It was all the rage in the 1940s.

But the pharmacopeia back then was quite limited. Today there are thousands of prescription drugs, and truly vast amounts of drugs that we know exist, but are not used medically, that do all sorts of things in the brain.

For instance, there are “endorphine blockers”, drugs that block the bodies natural pain killers. Because heroin shuts off endorphin production for a time, when people try to quit heroin, this is why they “go up the wall”; because they can feel every nerve ending in their body at once.

Endorphine blockers are amazingly unpleasant. With them, a soft feather feels like a hot iron.

But there are also drugs that make people intensely afraid or everything. The slightest sensation and they curl up in a ball, weeping out of terror.

And there are also drugs like Rohypnol, that erases memories, and “twilight drugs” that allow you to experience everything and be coherent, but you do not remember it after, because your memory has been blocked.

There are also drugs that are ridiculously addictive, to the point where you will do *anything* to get more of the drug. They fell from grace because if self administered the addict would invariably overdose.

The list goes on and on.


19 posted on 04/21/2013 7:43:36 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: libstripper

No strings attached!
Vlad tried to toss us a bone.
Sadly as you, I and almost half of everyone knows,our very own dear leader is an empty suit or worse.


20 posted on 04/21/2013 7:46:47 AM PDT by DUMBGRUNT (The best is the enemy of the good!)
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