Skip to comments.Holder Undercut FBI by Giving Tsarnaev Miranda Rights
Posted on 04/27/2013 5:39:18 AM PDT by 2ndDivisionVet
Updating our earlier report:
Details are emerging that when U.S. Magistrate Judge Marianne Bowler read Dhokhar Tsarnaev his Miranda rights, she went to his hospital room accompanied by a federal public defender (meaning taxpayer-funded) and an assistant U.S. attorney from the Massachusetts prosecutors office.
Reports say the FBI was only partway through questioning Tsarnaev to get intelligence to determine who else was involved in the plot and how broad it was. The FBI told federal lawmakers in classified briefings this week they were stunned when this judicial officer and lawyers from both sides showed up to read him his rights. Tsarnaev was providing what the FBI called valuable intelligence, when he was read his rights and then immediately stopped talking.
As weve explained before, the only danger with denying someone Miranda rights is that whenever the Constitution would require those rights to be announced, anything the defendant says after that point cannot be used to convict him in court. When the public-safety exception to Miranda appliesas it does herepolice generally have about 48 hours of questioning the suspect before a judge would say the agents have had enough time to deal with imminent threats and therefore must now administer Miranda. The FBI was only 16 hours into those 48 hours when Miranda was given.....
(Excerpt) Read more at breitbart.com ...
“U.S. Magistrate Judge Marianne Bowler read Dhokhar Tsarnaev his Miranda rights...”
Reported as a member of the federal judiciary intervening and reading Miranda rights. On its face, a member of the juduciary inserting herself physically during the actual interrogation seems unprecedented. The investigators should have placed her and the defense attorneys under arrest for obstruction. This whole thing makes the keystone cops look good.
In addition, the left is in a vice. During Bush II the left position was clear - every terrorist, no matter where apprehended needed to be Mirandized. It is no surprise that Mirandization took place in this case. What seems clear, is that like Fort Hood, the left story-line is that there is no connection betw islam and such attacks.
“when a criminal complaint is filed against a suspect, THEN THE LAW REQUIRES A JUDGE TO IMMEDIATELY MIRANDIZE the suspect.”
When was the criminal complaint filed in this case?
Since when does the judge travel to the suspect?
I believe at the first appearance, in a court room, with the complain filed, the judge would inform the accused of his rights.
How can Holder be arrested?
Why hasn’t Holder taken responsibility on this?
Has Eric Holder been on vacation in Fiji over the last 3 weeks, or does it just appear that way?
PPS - Is it because you spell it right the other half of the time? JKJKJK
You got that right. Even some Democrats can see it.
There would be”HELL TO PAY”!They(The LameStreams)would demand investigations and”rolling-heads”!!!!!!!!!!!!
Eric Holder Focus on Black Panther Case Demeans ‘My People’
The current FBI and DOJ don’t like each other. The FBI is composed of mostly conservative agents whereas the today’s DOJ appointees are somewhere being liberal and communist, IMO.
The FBI agents on site could have barred anyone, including the president, from entering the room. The fact they did not proves their culpability and reduces their startled expressions to drivel.
Not in the performance of their assigned duties. They had 48 hrs to question the perps. That was abrogated speciously by a troop of delegates from the muzzie administration.
Sure they do. The Justice Department is over the FBI and the US Courts are over everything since FDR.
Like the Shiites and Sunni's.
There won’t be any outrage unless more bombs blow up more people, and the perps are tied to this bunch. Holder would never allow a future bombing to be connected back...it’s too easy to deny the connection if another bombing occurs.
It is my understanding that being "Mirandized" is something that the Police are obligated to do upon arrest.
However, they are not granting you "Miranda" rights or any other rights.
They (the police) are merely "reading" you your rights and making sure that you understand them.
Every citizen already has these "Miranda" rights - they are granted by God (as all rights are) to individuals and are simply guaranteed by the US Constitution in the Bill of Rights.
So whether it was the FBI that was asking him questions, or the Boston Police Dept, or Obama himself... the simple fact of the matter is that the bomber already had these rights (especially the right to remain silent) as a condition of his citizenship.
So, if you want to rail against something in this mess - and there is plenty to rail against - that it should be the crappy system that allowed him to become a citizen in the first place, among many other government failures.
Because once you are a citizen of the United States you are under the protection of the US Constitution.
If we - as a nation, and as the self-appointed defenders of the US Constitution (conservatives in general) - start allowing the government to carve out exceptions on the protections of the US Constitution then you might as well wipe your backside with that parchment for all it will mean then.
Again - I look forward to any reasoned response to what I see as the only position we can take as conservatives. Sometimes being right is very hard to do... and sometimes it even bears a high price.