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Obama Administration Says Some Detainees Overseas Are Being Mirandized -- and Bush Did It, Too
June 11, 2009 9:51 AM
The Obama administration announced this week that some detainees captured and held abroad have been read Miranda rights to preserve evidence for a potential prosecution.
Administration officials say the Bush administration did this as well in some instances relating to certain criminal cases.
They would not offer specifics in any of the cases, whether under President Obama or President Bush.
The question of detainees being Mirandized was raised by the Weekly Standard's Steven Hayes who wrote that "the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee."
The Obama administration took issue with the notion that this was a blanket policy change, one ordered by the Justice Department.
"There has been no policy change and no blanket instruction issued for FBI agents to Mirandize detainees overseas," Justice Department spokesman Matthew Miller said. "While there have been specific cases in which FBI agents have Mirandized suspects overseas, at both Bagram and in other situations, in order to preserve the quality of evidence obtained, there has been no overall policy change with respect to detainees."
Miranda rights come from the 1966 Supreme Court ruling Miranda v. Arizona. They are a way to protect a suspect's Fifth Amendment right to avoid self-incrimination.
While the actual Miranda rights differ in different states, they adhere to the court ruling that "the person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her."
The ranking Republican on the House Intelligence Committee, Rep. Peter Hoekstra, R-Mich., told Hayes that he was concerned about this news.
"It would seem the last thing we want is Khalid Sheikh Mohammed or any other al-Qaeda terrorist to remain silent," Hoekstra said. "Our focus should be on preventing the next attack, not giving radical jihadists a new tactic to resist interrogation--lawyering up."
In March, President Obama told 60 Minutes that "the whole premise of Guantanamo promoted by Vice President Cheney was that somehow the American system of justice was not up to the task of dealing with these terrorists. I fundamentally disagree with that. Now do these folks deserve Miranda rights? Do they deserve to be treated like a shoplifter down the block? Of course not."
- jpt
June 11, 2009 | Permalink | Share | User Comments (21)
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If Bush did it too, then it was probably once we had the terrorists on American soil and at Gitmo, and probably AFTER he received so much heat for treating the poor, nice terrorists badly. But I doubt it is true.
Posted by: Sheryl | Aug 29, 2009 9:51:58 AM
As an attorney, I can't help but wonder why the Miranda warnings are being wielded amidst FOREIGN detainees. Jurisdiction is a whole separate issue, although equally incomprehensible. Beyond that, though, how do we purport to extend civil rights (ie, Miranda) under the AMERICAN CONSTITUTION to wartime combatants?!? When will our leaders realize that the Islamists are using our judicial system against us? Constitutional rights do NOT extend to non-citizens. Just because they are being prosecuted in the American judicial system (bad idea in the first place) doesn't mean that they should be afforded the protections of American citizens. Our courts apply international law in certain cases, why should they not in these? Miranda is a tenet of American jurisprudence. I feel like I'm taking crazy pills! Are we fighting crime or waging war?!?! Although I did not vote for Obama, I was eager and hopeful to see what he would do. Despite much of the medias praise of him, he has been, thus far, shown himself to be woefully inadequate for the task at hand.
Posted by: TDP | Jun 13, 2009 6:06:49 AM
If the detainees are given all the rights afforded by the Constitution, then habeas corpus applies and all the "evidence" developed on the battlefield is tainted and not available for use. Without the phalanx of lawyers, crime scene technicians, and interviewers on the battlefield, who are culturally sensitive and fluent in whatever language the "alleged" speaks, then the cases have to be thrown out and there can be no discrimination later on as a result. In other words, the detainees get their passports back and enter the US like anyone else. Is this where we want to be?
Posted by: Jay | Jun 12, 2009 11:38:08 AM
Right ..read miranda under bush and then tortured. How gullible do they think we are..
Posted by: bay | Jun 11, 2009 7:05:40 PM
wah wah wah, bush did it. Little fed up with that line...
Posted by: mary | Jun 11, 2009 6:45:35 PM
It will be interesting to see what cynical gimmick the Obamaists can come up with for the 2012 campaign. Bush used the terror card for his reelection, how low will Obama sink in following Bush's footsteps?
Posted by: paul
obviously the Newtists, Palinists, Jindalists, Limbaughists. rightists and fringists as well as Republicanists will find something to try and scare everyone again..we know they are hoping for an attack so they can say 'I told you so'. but the right wing terrorists will no doubt keep up their attempt to intimidate the rest of the US, people associate them with Republicanists.
Posted by: Oblique Trapazoid | Jun 11, 2009 6:10:28 PM
Am I the only one wondering why the FBI is suddenly letting these domestic terrorists like the Tiller murderer, the Holocaust shooter and the reservist slip by?
Could it be that FBI agents would rather turn their heads than lose their necks by taking preventative measures and then face the wrath of Obamz and the ACLU.
Is this Mueller's new FBI, the one that doesn't waterboard, but also doesn't catch terrorists until after they have murdered Americans.
Posted by: JAZ | Jun 11, 2009 3:35:47 PM
Once again, the Obamaists cite George Bush as an example of why something they are doing is okay. So much for the "change" lie. It will be interesting to see what cynical gimmick the Obamaists can come up with for the 2012 campaign. Bush used the terror card for his reelection, how low will Obama sink in following Bush's footsteps?
Posted by: paul | Jun 11, 2009 3:34:50 PM
Am I the only one wondering why the FBI is suddenly letting these domestic terrorists like the Tiller murderer, the Holocaust shooter and the reservist slip by?
Could it be that FBI agents would rather turn their heads than lose their necks by taking preventative measures and then face the wrath of Obamz and the ACLU.
Is this Mueller's new FBI, the one that doesn't waterboard, but also doesn't catch terrorists until after they have murdered Americans.
Posted by: JAZ | Jun 11, 2009 3:33:29 PM
How can you Mirandize them..and then deny them those rights??
Posted by: DontGet818OnMeNow | Jun 11, 2009 3:14:18 PM
During the RNC convention in Minn. last year there were those who planned to demonstrate against Iraq, Bush whatever. Many were pre emptively arrested by the local police during raids on the residences they were staying at. Most of these potential demonstrators had no criminal record, yet they were 'roughed up' during their arrest, remember they had done nothing wrong.
Some reporters were arrested because they didn't move fast enough for the police, or they asked questions of the police as to why certain protesters were being arrested.
The recent shootings in various parts of the country never initiated a pre-emptive arrest.
As much as we hear about free speech and rights , those things are selectively enforced
depending where in America you are and which party is ruling the local roost.
Posted by: No Mas | Jun 11, 2009 3:12:49 PM
"look? you either want them before a judge or you dont? Its that simple and? if it is to be military or criminal then start with the right to remain silent as what you say can and will be used against you...let the trial begin."
Then you better support a major increase in Defense spending because our troops are going to need a forensic team, some training in criminal justice, and a kit to gather evidence, carry around cameras to take pictures of the scene where they apprehend the "criminal". And one procedure I REALLY support, embedded lawyers on the battlefield. Not just JAG's that sit back in the HQ and advise the commander, I'm talking part of the team. Heavy machine gunner, 4 riflemen, an NCO, and a lawyer on patrols, attacking targets. I bet that lawyer will would be a good prosecutor if he's being shot at.
Posted by: KR | Jun 11, 2009 2:42:23 PM
look? you either want them before a judge or you dont? Its that simple and? if it is to be military or criminal then start with the right to remain silent as what you say can and will be used against you...let the trial begin.
Posted by: stew | Jun 11, 2009 2:22:13 PM
but bush but bush but bush libs answer to every thing what ever happened to taking personal resposability guess the theres no person in the prompter
Posted by: i_dream_of_a_jeannie | Jun 11, 2009 1:12:15 PM
So the Obama Justice Department drops charges against Black Panthers with overwhelming evidence of voter intimidation, and on the other hand provides Miranda rights to "battlefield actors of man made disasters".
Posted by: pauldia | Jun 11, 2009 12:48:35 PM
"against me was gathered in illegal search and seizure."
Wow I never thought about that. Our troops are going to need a court order to conduct operations on a target? Wow, good call. This is astonishing to watch unfold.
Posted by: KR | Jun 11, 2009 11:41:59 AM
If 5th amendment rights are applicable to enemy combatants does that mean 4th amendment rights are as well? If I were Ahmed Ghailani I would immediately tell the Federal Court that I was never read my rights and all evidence against me was gathered in illegal search and seizure.
Posted by: Harry Bergeron | Jun 11, 2009 11:39:03 AM
So if everything Bush did is bad, why is Obama doing it?
Posted by: Sally J | Jun 11, 2009 11:19:48 AM
Of course Bush did it too. Isn't that the rallying cry?
Posted by: Axey | Jun 11, 2009 11:14:26 AM
"Yea, what a waste of time those Nuremburg trials were."
You are not that dense, that was after the war and even though both sides committed attrocities, only one side was held accountable. I hope that's not your best example.
Don't confuse the Laws of Armed conflict with peoples court.
Posted by: KR | Jun 11, 2009 10:47:13 AM
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