@CBSNews: JUST IN: No Miranda warning being given to suspect

[dkf]

@CBSNews: JUST IN: No Miranda warning being given to suspect because government is invoking the public safety exception, DOJ official says

@ABC: No Miranda warning will be given to suspect, public safety exception is being invokved for limited and focused interrogation

@nbcnightlynews: No Miranda warning will be given to Dzhokhar Tsarnaev, instead, the gov't will invoke a legal rule known as the 'public safety exception'

@ggreenwald: @ClaraJeffery @GrahamBlog Obama DOJ already adopted this rule - said they would only use post-Miranda answers http://t.co/3Z4zWPgOMQ

[The Velveteen Ocelot]

1. Strange. Pete Williams reported otherwise.

[Gravitycollapse]

3. The same Williams who reported the suspects had "overseas" training?

And had lived in the US for less than a year?

Seems he's not a particularly reliable source.

[chillfactor]

15. Wlliams has done an EXCELLENT job or reporting throughout this whole ordeal

he has not tripped overhimself as many other reporters have done...MSNBC as a whole did an outstanding job....and it has now come to light that the older brother was overseas...why? and that EVERYONE first reported that the bombers had been here for just a year...that was changed when records were checked.....

and I suggest..before you knock ANYONE..you do some research on your own....obviously you did not follow the events hour-by-hour as many of us did....and we witnessed changes in information as they were made

[Gravitycollapse]

18. Maybe you should research my posts before telling me what I did or did not do.

I was one of the members following the scanners. I've been following them for about 7 solid hours and posting off and on.

Williams reported a bunch of bullshit and now I'm expected to respect his claims because he hasn't fucked up as badly as everyone else? No.

[chillfactor]

28. Williams did an excellent job.....I stand by by post

and btw.....police scanners also put out misinformation and cannot be always trusted.....if you were a true police scanner follower...you would know that.....

[Gravitycollapse]

31. Williams said the suspects were trained overseas and just moved to the US. Which is total horseshit.

I hope to God that's not your definition of an excellent job.

[chillfactor]

33. I stand by my post

dabate all you want ... Williams is one of the best reporters out there.....he has proven it time and again....end of discussion....

[dkf]

7. This from Chuck Todd

@chucktodd: When suspect can be questioned, he will NOT be read Miranda rights. Public safety exception will be invoked, official to @PeteWilliamsNBC

[Stardust]

2. Fuckety fuck fuck!

[flobee1]

4. from what I've gathered

it wouldn't matter, he's in pretty rough shape-most likely wouldn't have heard or understood

[Trascoli]

5. Perhaps this has something to do with the Father, who is still in Chechnya

He said there will be hell to pay if his second son is killed.

[Baitball Blogger]

10. I suspect that father is going to regret making those remarks

[Baitball Blogger]

6. The boy forfeited everything when he crossed the line into terrorism.

I can't see this getting any better for him, because he will be made an example.

But it can't be too harsh or it will encourage others to resort to suicide exit strategies.

[alarimer]

21. He didn't forfeit the basic rights everyone is entitled to BY LAW!

Way to give in to right wing propaganda.

[Baitball Blogger]

26. Aren't the laws already rewritten?

Isn't that the mess we're still dealing with in the wake of the "W" years?

[gateley]

8. I think it was ABC that reported the same? Makes me sad -- I was proud when I'd heard they'd

read them to him.

[white_wolf]

9. Couldn't this come back to bite them when this goes to trial?

I'm not a lawyer, but I'd imagine a this could make the DA's job a bit more difficult.

[On the Road]

36. According to This FBI Link

looks like the idea would be to use the non-Miranda questioning to locate any undiscovered bombs. That testimony could not be used in court.

http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest

After law enforcement is satisfied there is no longer an immediate public danger, the subject would be read his Miranda Rights, and any subsequent testimony would be admissable.

If Obama goes all enemy-combtant on the case, I will be upset. But the lack of a Miranda reading doesn't indicate at this point.

[GreenStormCloud]

42. The FBI already has piles of evidence.

They would not need anything he said.

[RGinNJ]

11. What would that mean?

I'm just a dumb vet. Please enlighten me.

[Trascoli]

12. Anyone who is arrested on American soil should be given rights

figure it all out later, after you know who the perp is

[Cali_Democrat]

14. He's also a citizen. n/t

[HereSince1628]

13. Does that mean they'll try to deny him one or more of those rights?

Or is this just part of flexing a legal exception to make sure it gets exercise?

[dkf]

17. Obama DOJ already adopted this rule - said they would only use post Miranda answers

@ggreenwald: @ClaraJeffery @GrahamBlog Obama DOJ already adopted this rule - said they would only use post-Miranda answers http://t.co/3Z4zWPgOMQ

[HereSince1628]

25. And I suppose they need a test balloon filled with helium

I suppose this would make a low risk test.

[LittleBlue]

16. Won't mean anything

It would only mean anything if he confessed, those types of confessions being struck as inadmissible. But since there is so much evidence against him, they won't need a confession

[mercymechap]

19. According to this former Boston FBI

member, it doesn't make any difference. They may want to know if there are other bombs that haven't been discovered which is far more important.



The Supreme Court ruled in 1984 that mandatory Miranda warnings can be waived if law enforcement officials are asking questions to deal with an imminent threat. The decision created the so-called “public safety exception” to Miranda rights.
http://www.rawstory.com/rs/2013/04/15/former-fbi-agent-boston-bombing-suspect-might-not-get-miranda-warning/

[RGinNJ]

23. Thank You, for the info.

[ChisolmTrailDem]

24. I don't care about anything EXCEPT....

Will we get to see this suspect face a jury?

Edited to remove "in Boston". A jury anywhere...

[diabeticman]

20. They want to make him an enemy combatant --no trial just lock him up.

[Blue_In_AK]

22. He's a US citizen.

He should be Mirandized. Are they trying to set up an appeal situation already?

[mercymechap]

27. Don't you try and read all the posts?

The Supreme Court ruled in 1984 that mandatory Miranda warnings can be waived if law enforcement officials are asking questions to deal with an imminent threat. The decision created the so-called “public safety exception” to Miranda rights.
http://www.rawstory.com/rs/2013/04/15/former-fbi-agent-boston-bombing-suspect-might-not-get-miranda-warning/

[elehhhhna]

29. the "hig-value suspect interrogation group" is questioning him now

probably waterboarding him

[Blue_In_AK]

30. Well, actually, no, I don't always read all the posts.

And I think this is stupid rule. Too many years in criminal law, I guess. I'm a firm believer in Miranda.

[mercymechap]

32. So, you'd rather they waste time

trying to read him the Miranda rights instead of trying to find out if there are other bombs that could go off and kill more people, when he is hanging on by a thread?

[SidDithers]

38. Exactly...

and as soon as they read him Miranda, and he says "I want a lawyer", they can't ask him anything anymore.

Sid

[mercymechap]

40. Yeah, who cares if there is another bomb and

more people get hurt, or someone else tied to these two gets to go free!

[Kennah]

34. Read NEW YORK v. QUARLES, 467 U.S. 649 (1984), then decide

http://laws.findlaw.com/us/467/649.html

I think the court made the right call in 1984. There are exigent circumstances that can allow for an exception to Miranda. Concern for other bombers or shooters out there probably overrides the concern they don't have the evidence to convict him. Obviously anything he says during pre-Miranda questioning has the potential to kill the case.

[SidDithers]

39. Thank you for continuing to post the link to that case...

All the posters blathering on about the lack of Miranda are acting like the DOJ is doing something illegal.

They're doing exactly what the Supreme Court says they can do.

Sid

[davidpdx]

35. There is a chance his condition is so bad he couldn't be questioned

They did have to rush him to the hospital. Obviously they are going to let the doctors take care of him and stabilize him so he is conscious before giving him his Miranda rights. What would be the use of giving them to him if he couldn't understand them?

[SidDithers]

37. Greenwald. LOL...nt

Sid

[GreenStormCloud]

41. Two possibilities that I can think of.

One: He isn't lucid enough to understand the warnings. In that case, the warnings have to be delayed or they would be invalid.

Two: They think they have enough evidence to get a solid conviction without asking him anything. In that case they could question him but would have to be ready to show that any evidence they used was developed without anything that he said. While possible, I don't see any value in proceeding that way.

I would read him his rights as soon as he can understand them.

[nadinbrzezinski]

43. This afternoon he was read his rights

And has a court appointed lawyer