I bet a nickle apiece that the guys at Guantanamo were never properly Mirandized...

[galileoreloaded]

makes sense. What soldier would read a guy his rights before he black-bags him and tosses him on a helicopter.

That's what everybody is probably freaking out about.

What do you think?

[dionysus]

1. they're not gonna let them off on a technicality.

[galileoreloaded]

5. Our rule of law is a technicality?? Tell me you didn't just say that.

otherwise, I will have to quote somebody here that wrote:

"The government keeps pretending to have laws, and we keep pretending to follow them"

[GodlessBiker]

2. It won't matter if the government doesn't use statements from the defendant.

[arthritisR_US]

3. that would be the tip of the iceberg...n/t

[HiFructosePronSyrup]

4. I think that's not an issue.

People are freaking out because they're a bunch of cowards. And they're upset that we're going after terrorists and they didn't.

[timeforpeace]

6. Thinking about the NYC trial of KSM? Yeah, it's gonna open up several cans of worms alright.

[geek tragedy]

7. Their statements while in custody wouldn't be admissible because

of the torture anyways.

Moot point.

[Lance_Boyle]

8. Might not matter - isn't SCOTUS hearing a Miranda-rights case this term?

I don't trust any of the wrongheaded five to decide it correctly.

[Gold Metal Flake]

9. The "Miranda issue" has been a major RW talking point for over a week.

[galileoreloaded]

14. Can't remember where I heard it, but so what. So its not valid???

We have a rule of law or we don't, right??

[Gold Metal Flake]

17. I think you should forward your question to the Dept. of Justice.

[RaleighNCDUer]

10. Immaterial.

(From Wiki)

Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation resulted in the landmark U.S. Supreme Court case (Miranda v. Arizona), which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney prior to questioning by police. This warning is known as a Miranda warning.

After the Supreme Court decision set aside Miranda's initial conviction, the state of Arizona retried him. At the second trial, with his confession excluded from evidence, he was again convicted, and he spent 11 years in prison.


You might note, if there is corroborating evidence that makes a confession immaterial, not being Mirandized has NO effect.

You really think that convicting KSM is dependent upon the confession that was tortured out of him? And if it is, he SHOULD be acquitted.

[Johonny]

12. The general thought on this I've heard is

Those Holder believes he can try without Miranda evidence he plans to use the US court system. Those he needs the non-Miranda evidence he will use the military tribunals for. Basically for these cases that they sent to NYC they flat out said they do not need that evidence. So I have no idea why this is even a question.

[galileoreloaded]

15. That makes sense. Thanks!

[Statistical]

16. Exactly. Also even if he WAS mirandized he was tortuered.

Any statements he made are inadmissible even if he was mirandized because they were made under duress.

"You have the right to remain silent and anything you say can be used against you in court of law ... but I am going to keep drowning you until you confess."

[SIMPLYB1980]

11. I think anyone freaking out is a coward.

KSM is going to fry even though he was tortured. I say all the better we get it out in the open and sentence him to death for his crimes anyway.

[FSogol]

13. RW Talking point. When the suspects are tranfered from Military Custody to Cilivian Custody

they will be read their rights. It is also obvious that their attorneys will try to have the evidence thrown out due to torture, etc. Since this is so obvious, the Justice Dept must have ample evidence to prove their case even if the illegally obtained info is thrown out. The Repubs are grasping at straws. This case is well planned out. They'll get a fair trial and will be imprisoned or executed at the conclusion.