Adam Schiff (D-CA) Advocates Gutting Miranda

[DeSwiss]

'As long as is necessary' terror bill


By: Josh Gerstein
July 30, 2010 08:53 PM EDT

A Democratic Congressman has introduced new legislation that advances the Obama Administration’s request for clearer legal authority to delay reading terrorism suspects their Miranda rights. The bill filed Thursday by Rep. Adam Schiff (D-Calif.) would change federal law by creating a procedure to question a suspected terrorist for up to four days before taking him or her to court without jeopardizing prosecutors’ ability to use statements made by a suspect during that time.

It would also express Congress’s view that authorities can delay reading Miranda warnings “for as long as is necessary” to elicit intelligence from a terror suspect. “My goal is to make sure we’re not hamstrung using evidence and that the top priority is public safety, which is the way it should be,” Schiff told POLITICO. “I want to make sure that law enforcement and the intelligence community have enough opportunity to interview someone to prevent an impending attack.”

Under the bill, the attorney general or the director of national intelligence or their top deputies could certify to a court that an individual is a terrorism suspect and “may be able to provide intelligence to protect the public safety.” In such cases, authorities could question the individual for up to 48 hours without facing an automatic presumption that the statements couldn’t be used in court. A judge or magistrate could extend the period for another 48 hours “for good cause shown.”

http://dyn.politico.com/printstory.cfm?uuid=25FCA9D5-18FE-70B2-A8DC91A26CE7479A">MORE

[ttwiddler]

1. This is a candidate for the law of unintended consquences

While Miranda has its shortcomings, given that it's riddled with exceptions, this is not a first step toward making it coherent.

[DeSwiss]

4. It's a crock. n/t

[rug]

2. He has the right to shut up.

[villager]

3. Boy, I sure am glad we have "two" parties in this country!

Imagine, if we couldn't choose between one party that wanted a police state.. and, uh, well...

[DeSwiss]

5. Yes indeed, imagine if...... n/t