Obama to review changes to Miranda Rights Law for suspected Domestic Terrorists

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Updated May 09, 2010
Holder Calls for Review of Miranda Rights Law, Suggests Possible Changes

Associated Press

Attorney General Eric Holder says he is discussing with Congress possible modifications in the law where police are required to inform suspects of the right to remain silent.

WASHINGTON -- Attorney General Eric Holder says he is discussing with Congress possible modifications in the law where police are required to inform suspects of the right to remain silent.

The administration has been criticized for reading Miranda rights to the suspect in the Times Square bombing attempt and to the suspect in the Christmas Day attempt to blow up an airliner over Detroit.

Holder, speaking Sunday on ABC's "This Week," said both suspects continued to talk to law enforcement after the Miranda warnings.

But he said the administration needs to consider at least modifying the public safety exception for reading a suspect his rights to ensure law enforcement can act with flexibility and within constitutional bounds.

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Top Obama aide says president is open to reviewing Miranda issue

Axelrod: Obama is open to reviewing Miranda issue

WASHINGTON — Senior White House adviser David Axelrod says President Barack Obama is open to the idea of reviewing the Miranda warning for terrorist suspects.

Axelrod made the comment Monday after Attorney General Eric Holder said changes by Congress may be needed to allow law enforcement more time to question suspected terrorists before being told about their right to a lawyer and their right to remain silent during interrogation.

Holder’s weekend statements got a mixed reception from Republicans on Capitol Hill, with Sen. Lindsey Graham saying he was generally pleased with what he heard from the attorney general.

Senate Republican leader Mitch McConnell said Holder’s statements on Miranda were overdue.
Axelrod spoke on CNN.

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If your not paying attention you might think Eric has finally seen the light.

But this crisis atmosphere has been orchestrated by their own hands.

Holder wanting to close Guantanamo and have civilian trials for foreign battlefield combatants in NYC at first seemed crazy.

But then giving foreign nationals caught in an attempted Islamic Terror attack like Umar Farouk Abdulmutallab "The Underwear Bomber" Miranda Rights was more than irresponsible.

What we are seeing is an Administration creating a crisis to break the ice on public opinion and give the Leftist in media talking points for a predetermined unpopular solution to a manufactured crisis. To bring about draconian change to our civil freedoms.

Because the Terrorist they have been truly documenting in this country are not Islamic.

No, this Administration has been carefully documenting who is in their sights for over a year. They have a huge Left wing socialist media doing the polling and cheerleading to help demonize and curb public opinion.

What they are really focused on is anyone on the Right who is willing to stand up. When any speak out they find themselves on The Growing List Allegedly Committing Sedition Against U.S. Government.

This includes the Tea Party Movement and Oath Keepers.

[American Patriot]

First of all, terrorists who are not US citizens DON'T HAVE US RIGHTS. Period, end of statement. Even if you bring them to US soil.

Second off, you should NOT be reading them their miranda warnings. PERIOD.

Third off, if an American CITIZEN naturalized or NOT commits an act of war against the US Government, he STILL HAS RIGHTS AS A US CITIZEN.

Give me a break. The government is sticking it's hands where they don't belong. Time to shut down these people. Stand up and be heard.

[New Guy]

citizens should get their miranda rights read, even this dirtbag. this stuff is getting scary.

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Here comes the political talking points, watch political football game the talking points play between the Left and Right. To the casual observer the Miranda Rights Law might seem less effective in the current atmosphere, opening the opportunity to be redefined.

Risk in Obama's shift on terror cases

Published: 6:55AM Wednesday May 12, 2010

Source: Reuters


Source: ReutersBarack Obama

A plan by the Obama administration to propose new powers to interrogate terrorism suspects risks opening a debate on national security, which could backfire in an election year.

After two failed US attacks that could have been deadly, Attorney General Eric Holder has opened the door to limiting the full legal rights that terrorism suspects enjoy, including the right to remain silent and having access to a lawyer.

Republicans and even some of President Barack Obama's fellow Democrats have condemned giving such so-called Miranda rights to terrorism suspects, saying it makes it harder to get vital intelligence.

While the administration has disputed that, Holder said on Sunday he was now open to modifying the rules that interrogators have and somehow coming up with something that is flexible and is more consistent with the threat that we now face.

That went some way toward Republican demands for a tougher stand on terrorism, but the party was likely to push for still broader measures that could include holding military trials for suspects or creating a special national security court.

At the same time, Holder's remarks angered Obama's liberal backers.

Some of them accuse him of failing to fulfil a campaign pledge to fully restore the rule of law in dealing with terrorism suspects after accusations of US abuse of prisoners during the Bush administration.

This could lead to a debate on the critical issue of national security, in which Republicans traditionally have an advantage, as Democrats prepare face a stiff fight to retain control of the US Congress in elections in November.

"The Republicans ... smell blood, if he's willing to do this, they'll beat him over the head," said Robert Goldman, a law professor at American University and co-director of its Center for Human Rights and Humanitarian Law.

"So he ends up with worst of all worlds. He's demonized by the Republicans ... and at the same time he loses the support of a good part of his base who won't be charged up to go out during the election," he said.

Republicans and Democrats in Congress have already forced Obama to reconsider plans to prosecute five men accused of plotting the September 11, 2001, attacks in a criminal court in Manhattan rather than in a special military court.

Political obstacles are also delaying closure of the US prison at Guantanamo Bay, Cuba where some terrorism suspects are held.

Republicans say strategy needed

Republicans said intelligence may have been lost when the Nigerian accused of the Detroit attempted bombing was allowed to keep silent and have a lawyer.

They said he was an enemy combatant because of apparent ties to al Qaeda militants.

Some also raised questions about Faisal Shahzad, a naturalized US citizen from Pakistan, who was also given his legal rights after he was arrested for the Times Square incident and allegedly had ties to the Taliban in Pakistan.

In both cases, the White House has said that the suspects were first interviewed before they were given legal rights, to determine whether any other plots or threats were imminent, and that they provided useful information before and afterward.

A Justice Department spokesman declined to elaborate on Holder's proposal but Republicans were quick to seize on it.

"It's time the administration decides on a strategy that recognizes the implications of the war we're in and the dangers we face not only abroad but here at home," said Senate Republican Minority Leader Mitch McConnell.

One expert said the White House would have to shift course.

"They realize this issue isn't going to go away and they're likely going to have other instances in the future where they have to bridge the divide of intelligence gathering and making the case" to prove in court, said Juan Zarate, a senior adviser at the Center for Strategic and International Studies.

Civil liberties groups, a key part of Obama's political base dismayed by the prospect of a shift, argued that further limits on legal rights of terrorism suspects would likely be unconstitutional.

"An exception to the Miranda requirement already exists, allowing for immediate interrogation to protect the public safety, and by all accounts, it appears to be working," said Virginia Sloan, president of the Constitution Project.

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Obama Doesn’t Necessarily Hate This New Idea of Questioning Suspected Terrorists Before Mirandizing Them

by Juli Weiner
May 11, 2010, 10:30 AM


Photo by Pete Souza.

The president’s consiglieri, David Axelrod, told CNN that Obama was “open to looking at” enacting some opportune strike-thrus in the wording of the Miranda rights.

More specifically, Obama is perhaps interested in discussing with Congress some “adjustments, not a wholesale revision” that would allow law-enforcement officials to question suspected terrorists before informing them of their rights, according to The New York Times.

Attorney General Eric Holder said essentially the same thing earlier this week—namely, that the administration will work with Congress “to come up with a proposal that is both constitutional, but that is also relevant to our time and the threat that we now face.”

As Times points out: “While it is virtually certain that the White House knew about and approved of Mr. Holder’s policy proposal before he made it on Sunday, the remarks by Mr. Axelrod provided a stronger public link between the idea, which has drawn fire from civil libertarian groups, and Mr. Obama himself.”

And for the logical extreme of Obama’s openness to reform, please consult this Politico lede: “Sen. Joe Lieberman (I-Conn.) thinks he’s found a work-around on the whole Miranda rights debate for U.S. citizens accused of terrorism: Strip their citizenship and ship them to Guantanamo.”

Obama’s thing doesn’t even sound that human-rights violation-y, by comparison.

This is the whole “point” of Joe Lieberman, maybe.