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Comment by Ross Wolf
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U.S. Attorney General Holder has suggested, government be allowed to postpone giving terrorist suspects Miranda warnings.

The problem with Holder’s Miranda proposal is the government could arbitrary manipulate the timing of “Miranda warnings” to weigh heavily in favor of the government to ensure certain statements made by a terrorist suspect, could be used in their prosecution. It should be noted that Attorney General Holder’s proposal to postpone Miranda warnings is all-inclusive; Holder has failed to distinguish between non-violent terrorist acts from violent terrorist acts as a condition precedent to postponing Miranda Warnings. For example, non-violent terrorist acts" are covered in the Patriot Act to prosecute Persons that support “coercion to influence a government or intimidation to affect a civilian population.” But consider how Holder’s proposed postponing of Miranda warnings could be used in conjunction with other laws, for example Sen. McCain’s recently introduced March 4, 2010, S.3081: The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” S.3081 is so broadly written innocent anti-war protesters and Tea Party Groups might be arrested and detained just for attending demonstrations; Government would need only charge that everyone attending a demonstration "materially supported hostilities" against U.S. Government or a civilian population to indefinitely detain demonstrators in military custody. Passage of S.3081 will permit U.S. Government to use “mere suspicion” to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. Like Attorney General Holder’s proposal, under Sen. McCain’s S.3081, Government would not be required to provide interrogated individuals Miranda Warnings or even an attorney. Your political opinions and statements made against U.S. Government could be used by Authorities to deem you a “hostile” “Enemy Belligerent” to cause your arrest and indefinite detention. It is important  Americans not allow Attorney General Holder to jam his new Miranda proposal though Congress before U.S. Citizens have had an opportunity to examine  the potential ramifications of Holder's proposal.


Comment by JustinTyme
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Correct me if I'm wrong...  But, the rights exist regardless of when Miranda Rights are read.  So, this would definately impact those individuals who don't know and/or understand their rights.  But, it's just a reminder to us all that we should NEVER talk to the authorities.  Yes?

 

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