So the terrorists can't destroy them!
It works. It's awesome. We should try it.
Of course...we are.
Under a measure currently being discussed around the White House Round Table, Miranda RIghts might be, shall we say...modified. Or rather, the mode of administering them will be. You see, in the ten seconds it will take to tell a suspect he has the right to silence and a fair trial, we might be in imminent danger of a terror attack.
Oh, and don't forget the fact that they might actually like, take advantage of those rights. And that would be bad.
According to Eric Holder, we need more "flexibility" to deal with terror suspects. Which, of course, naturally means being able to delay the ritual reading of the rights. (Not that that would pose a problem to someone informed of American law- all you have to do if arrested is demand your rights as a prisoner. Quite simple, but I digress.)
This springs, I believe from a misconception that the reading of Miranda Rights automatically means that the suspect will stop talking to us- which is a pretty serious error. History is full of people who had their Miranda Rights read to them, then proceeded to talk. Like, it happens every day.
Of course, precedent is somewhat established...from the article-
"Under the current public safety exception, statements obtained before issuing the Miranda warning may be used in court -- including to charge suspects -- if it is determined that police needed to obtain information quickly to prevent further crimes. Once an immediate threat is ruled out, the Miranda warning must be read, under current law."
Oh goodie. So if there's a suspicion you might be on the verge of a terrorist attack (or any other kind of crime) they can delay reading you your rights because of it. (Even though, technically, you still have the right to remain silent. I wonder, what would they do if some terror suspect refused to talk under such auspices?)
In any case, this seems silly. Let's say we catch a suspect on the verge of blowing up a bomb, as in the case of the Pakistani-American bomb suspect we caught last weekend. The threat is easily seen (not that his bomb was much threat). So do we delay reading rights under this exception with the excuse that there might be other threats?
"The goal of revisions would be to give law enforcement officials greater latitude to hold suspects within the criminal justice system and interrogate them for long periods of time -- without having to transfer them to a military system or designate them as enemy combatants, officials said. "
Oh nice. And once again, the Obama admin pulls a Bush- instead of following the rule of law, we'll do what's convenient, circumvent the Constitution, all in the name of safety for La People. (Do they ever ask us if we want to be kept safe in such a manner? Of course not.)
According to the Washington Post, the changes may take a different form- instead of changing the public safety exception, the statute limiting how long a prisoner can be interrogated without coming to trial.
Which isn't any better.
Maybe (and here's a novel idea) we should just leave the system like it is and instead like, work within it. And do things right- in other words, Constitutionally. If you don't want to try terror suspects in civil court, put them in military tribunals. Of course, we can't do that because they're not part of a uniformed military. So hence, they are civilians and should be tried so.
What are we afraid of that we can't do that? That we've detained a bunch of innocent people?
Maybe we should examine that just a little...