04-20-2013, 03:01 PM
My understanding is that the Miranda and counsel exception (in the name of public safety) starts at the time the suspect is taken into custody and expires in 48 hours. FBI wants to interrogate this guy asap in case he's part of a bigger plot with more violent acts in the works (especially given his severe condition), but the suspect needs to be read his rights by tomorrow night.
UNLESS...
If some Republicans have their way, the suspect will be denied his Miranda rights indefinitely.
From Rachel Maddow show last night:
Two powerful GOP senators are calling on the Obama administration to treat the captured suspect in the Boston Marathon bombings as an "enemy combatant" and deny him counsel even though he is reportedly an American citizen.
Regardless his citizenship status, McCain and Graham say Dzhokhar Tsarnaev gave up his rights to a criminal trial when he allegedly participated in the bombings.
"Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel," McCain and Graham said.
IMO, McCain and Graham's proposal is highly unlikely to be approved by Obama unless something substantial clearly pointing to the suspect being an enemy combatant engaged in an act of war can be gleaned before the 48 hours expires.
UNLESS...
If some Republicans have their way, the suspect will be denied his Miranda rights indefinitely.
From Rachel Maddow show last night:
Two powerful GOP senators are calling on the Obama administration to treat the captured suspect in the Boston Marathon bombings as an "enemy combatant" and deny him counsel even though he is reportedly an American citizen.
Regardless his citizenship status, McCain and Graham say Dzhokhar Tsarnaev gave up his rights to a criminal trial when he allegedly participated in the bombings.
"Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel," McCain and Graham said.
IMO, McCain and Graham's proposal is highly unlikely to be approved by Obama unless something substantial clearly pointing to the suspect being an enemy combatant engaged in an act of war can be gleaned before the 48 hours expires.