Obama plan would delay probable cause hearings to allow uninterrupted interrogations

[IScreamSundays]

Source: Raw Story

In a move that's being heavily criticized by the American Civil Liberties Union (ACLU), the Obama administration is planning to ask Congress to delay terror suspects' probable cause hearings as a way to allow interrogators additional time for questioning before the individual is informed of their rights or shown to a judge.

Standing law requires suspects be read their Miranda warning -- the age-old "right to remain silent" in the presence of officers -- and be presented to a judge to establish probable cause for imprisonment within six hours of detaining them, unless a judge is unavailable: a fact that did not go unnoticed by Talk Left.

"Just a year ago, the Supreme Court decided Corley v. U.S.," the blog noted, quoting the ruling as saying:

Under the rule as revised by §3501©, a district court with a suppression claim must find whether the defendant confessed within six hours of arrest (unless a longer delay was “reasonable considering the means of transportation and the distance to be traveled to the nearest available ”). If the confession came within that period, it is admissible, subject to the other Rules of Evidence, so long as it was “made voluntarily and … the weight to be given is left to the jury.” Ibid. If the confession occurred before presentment and beyond six hours, however, the court must decide whether delaying that long was unreasonable or unnecessary under the McNabb-Mallory cases, and if it was, the confession is to be suppressed.

snip>

Read more: http://rawstory.com/rs/2010/0515/obama-plans-uninterrupted-interrogations/

[jobwithout]

1. Lets just tear up the whole bill of rights.

Its a popular democratic president trying to eviscerate our rights and we all know that if its a democrat then its the right thing to do.

This isn't any fucking change that I wanted.

[midnight]

2. k&R

[PSPS]

3. More anti-american behavior by obama

This whole "miranda controversy" is a non sequitur. The loser inaccurately dubbed "The Times Square Bomber" by the M$M got mirandized immediately after his arrest, yet he's been cooperative and several others have been arrested based on his cooperation.

I'm hoping obama doesn't use torture videos for sexual gratification like his predecessor did.

[JDPriestly]

4. Obama does not want November's election to turn on this.

But it is a matter of human rights not winning an election.

[bemildred]

5. But "interrupted interrogations" is precisely what human rights and civil liberties are all about. n

[robinblue]

6. This is horrible to see this.