Who Needs Miranda? Not Terror Suspects, aka "Exceptional Cases"
by Abby Zimet
March 24, 2011
Apparently bowing once again to GOP pressure, the Obama administration has curtailed the rights of terror suspects with new rules that allow a delay in telling detainees their rights. The FBI memo applies when investigators "conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence." Wait. Didn't this guy used to be a constitutional lawyer?
http://www.commondreams.org/further/2011/03/24-0--------------------------------------------
Rights Are Curtailed for Terror Suspects
By EVAN PEREZ
March 24, 2011
New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.
The move is one of the Obama administration's most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.
A Federal Bureau of Investigation memorandum reviewed by The Wall Street Journal says the policy applies to "exceptional cases" where investigators "conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat." Such action would need prior approval from FBI supervisors and Justice Department lawyers, according to the memo, which was issued in December but not made public.
The new guidelines could blunt criticism from Republicans, many of whom have pushed for terror suspects to be sent to military detention, where they argue that rigid Miranda restrictions don't apply. But many liberals will likely oppose the move, as might some conservatives who believe the administration doesn't have legal authority to rein in such rights. New York Republican Peter King, chairman of the House homeland-security committee, is among the lawmakers who welcomed Mr. Holder's call to change Miranda.
Read the full article at:
http://online.wsj.com/article/SB10001424052748704050204576218970652119898.html