Change! Obama Orders Officials to Read Terrorists Miranda Rights In Afghanistan ...Update: Palin Predicted This!
Terrorist states are seeking nuclear weapons without delay; he wants to meet them without preconditions. Al Qaeda terrorists still plot to inflict catastrophic harm on America, and he’s worried that someone won’t read them their rights."
Governor Sarah Palin
RNC Acceptance Speech
September 3, 2008
npr.org
"Al-Qaida terrorists still plot to inflict catastrophic harm on America ... he's worried that someone won't read them their rights?"
The Obama Administration has ordered FBI agents to read terrorists in Afghanistan their Miranda Rights.
Stephen Hayes at The Weekly Standard Blog reported:
weeklystandard.com
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 administration has decided to change the focus to law enforcement. Here’s the problem. You have foreign fighters who are targeting US troops today – foreign fighters who go to another country to kill Americans. We capture them…and they’re reading them their rights – Mirandizing these foreign fighters,” says Representative Mike Rogers, who recently met with military, intelligence and law enforcement officials on a fact-finding trip to Afghanistan.
Figures- In 2003 Obama said that terrorists do not deserve Miranda rights.
freerepublic.com
Previously:
Miranda Rights Loophole May Help Gitmo Detainees
gatewaypundit.blogspot.com
Posted by Gateway Pundit
gatewaypundit.blogspot.com
Miranda Rights for Terrorists
Palin warned us about this:
When 9/11 mastermind Khalid Sheikh Mohammad was captured on March 1, 2003, he was not cooperative. “I’ll talk to you guys after I get to New York and see my lawyer,” he said, according to former CIA Director George Tenet.
Of course, KSM did not get a lawyer until months later, after his interrogation was completed, and Tenet says that the information the CIA obtained from him disrupted plots and saved lives. “I believe none of these successes would have happened if we had had to treat KSM like a white-collar criminal – read him his Miranda rights and get him a lawyer who surely would have insisted that his client simply shut up,” Tenet wrote in his memoirs.
If Tenet is right, it’s a good thing KSM was captured before Barack Obama became president. For, 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 administration has decided to change the focus to law enforcement. Here’s the problem. You have foreign fighters who are targeting US troops today – foreign fighters who go to another country to kill Americans. We capture them…and they’re reading them their rights – Mirandizing these foreign fighters,” says Representative Mike Rogers, who recently met with military, intelligence and law enforcement officials on a fact-finding trip to Afghanistan.
Rogers, a former FBI special agent and U.S. Army officer, says the Obama administration has not briefed Congress on the new policy. “I was a little surprised to find it taking place when I showed up because we hadn’t been briefed on it, I didn’t know about it. We’re still trying to get to the bottom of it, but it is clearly a part of this new global justice initiative.”
That effort, which elevates the FBI and other law enforcement agencies and diminishes the role of intelligence and military officials, was described in a May 28 Los Angeles Times article.
The FBI and Justice Department plan to significantly expand their role in global counter-terrorism operations, part of a U.S. policy shift that will replace a CIA-dominated system of clandestine detentions and interrogations with one built around transparent investigations and prosecutions.
Under the "global justice" initiative, which has been in the works for several months, FBI agents will have a central role in overseas counter-terrorism cases. They will expand their questioning of suspects and evidence-gathering to try to ensure that criminal prosecutions are an option, officials familiar with the effort said.
Thanks in part to the popularity of law and order television shows and movies, many Americans are familiar with the Miranda warning – so named because of the landmark 1966 Supreme Court case Miranda vs. Arizona that required police officers and other law enforcement officials to advise suspected criminals of their rights.
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
A lawyer who has worked on detainee issues for the U.S. government offers this rationale for the Obama administration’s approach. “If the US is mirandizing certain suspects in Afghanistan, they’re likely doing it to ensure that the treatment of the suspect and the collection of information is done in a manner that will ensure the suspect can be prosecuted in a US court at some point in the future.”
But Republicans on Capitol Hill are not happy. “When they mirandize a suspect, the first thing they do is warn them that they have the 'right to remain silent,’” says Representative Pete Hoekstra, the ranking Republican on the House Intelligence Committee. “It would seem the last thing we want is Khalid Sheikh Mohammed or any other al-Qaeda terrorist to remain silent. Our focus should be on preventing the next attack, not giving radical jihadists a new tactic to resist interrogation--lawyering up.”
According to Mike Rogers, that is precisely what some human rights organizations are advising detainees to do. “The International Red Cross, when they go into these detention facilities, has now started telling people – ‘Take the option. You want a lawyer.’”
Rogers adds: “The problem is you take that guy at three in the morning off of a compound right outside of Kabul where he’s building bomb materials to kill US soldiers, and read him his rights by four, and the Red Cross is saying take the lawyer – you have now created quite a confusion amongst the FBI, the CIA and the United States military. And confusion is the last thing you want in a combat zone.”
One thing is clear, though. A detainee who is not talking cannot provide information about future attacks. Had Khalid Sheikh Mohammad had a lawyer, Tenet wrote, “I am confident that we would have obtained none of the information he had in his head about imminent threats against the American people.”
Posted by Stephen F. Hayes
weeklystandard.com
Change... Miranda Rights Loophole May Help Gitmo Detainees
Because terrorists are people, too.
Omar Khadr faces five war crimes charges that include murder.
In July 2002, Omar Khadr threw a grenade that blew up an American soldier in Afghanistan.
Khadr was wounded and captured during this same firefight.
After his capture a video was found that shows Khadr toying with detonating cord as other men including Abu Laith al-Libi assemble explosives in the same house that had been destroyed in the firefight. He was also seen planting landmines while smiling and joking with the cameraman. It has been suggested that these were the same landmines later recovered by American forces on a road between Gardez and Khowst- Wiki.
Khadr was injured in the firefight and begged to be killed...
But US medics saved his life.
Instead, of facing death, Khadr may be set free.
He was not read his Miranda rights.
More hope and change...
Team Obama admits that the Miranda rule may hamper detainee trials.
The terrorists were not properly arrested on the battlefield.
The LA Times reported:
Accused in a 2002 grenade blast that wounded two U.S. soldiers near an Afghan market, Mohammed Jawad was sent as a youth to Guantanamo Bay. Now, under orders by President Obama, he could one day be among detainees whose fate is finally decided by a U.S. court.
But in a potential problem, Pentagon officials note that most of the evidence against Jawad comes from his own admissions. And neither he nor any other detainee at the U.S. prison at Guantanamo Bay, Cuba, was ever told about their rights against self-incrimination under U.S. law.
The Miranda warning, a fixture of American jurisprudence and staple of television cop shows, may also be one of a series of constructional hurdles standing between Obama's order to close the island prison and court trials on the mainland.
A procession of similar challenges -- secret evidence, information from foreign spy services and coerced statements -- also could spell trouble for prosecutors.
All of these problems illustrate the larger difficulty that lies ahead as the nation moves from the "law of war" orientation used by the Bush administration in dealing with detainees to the civilian legal approach preferred by Obama.
Obama last month announced sweeping changes, ordered humane treatment and invited in the international Red Cross. But the changeover will not be easy or quick, underscoring the complexity of undoing the Bush administration's policies.
Related... Andrew McCarthy wrote more on Gitmo today- here.
Posted by Gateway Pundit
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