Source:
LA TimesWashington..While critics Wednesday blasted the Justice Department's decision to inform the Times Square bombing suspect of his constitutional rights, for the FBI agents interrogating Faisal Shahzad, the question wasn't so much whether to inform him, but when, officials said.
Shahzad was arrested late Monday night and soon began talking to investigators. At some point hours later, he was notified of his so-called Miranda rights, including his right to remain silent and his right to an attorney. He kept cooperating.
But Republicans have used the occasion to suggest that Shahzad, an American citizen, should not have been treated like a traditional criminal suspect—but instead questioned indefinitely with little regard to his constitutional rights. Moreover, some legal experts say that agents weren't required to inform Shahzad of his rights at all if they determined that securing intelligence about potential terror plots was more important than being able to use his self-incriminating statements in court.
The debate has highlighted a fundamental structural issue in America's anti-terror framework: There is no other way to prosecute a citizen arrested here for terror-related offenses than through the criminal system. A law passed by Congress in 2006 bars trials for citizens by a military commission, which left federal charges as the only option. That means investigators were looking to build as strong a case against Shahzad as possible.
Read more:
http://www.latimes.com/news/nationworld/nation/wire/sc-dc-legalities-20100505,0,7049280.story
There you have it. The Teabaggers and Republicans will save our freedom from the encroaching power of the Federal Government by fighting to strip us of our freedoms. All the government has to do is accuse someone of terrorism, and *poof*, there goes your rights as an American citizen.
I guess the 2010 election will also constitute a referendum on rule of law versus the fear and smear crowd.