Obama revises Miranda rights for “domestic” terror suspects

Obama has already given Miranda rights to foreign terrorists and Somali pirates waging jihad against U.S. soldiers and civilians.

Now Obama and Holder have revised Miranda rights for what the Wall Street Journal describes as “domestic-terror” suspects. The policy is so vaguely described here, if at all, and who the new Miranda policy applies to and how Obama can unilaterally change Supreme Court rulings should be concerning to all Americans.  via Rights Are Curtailed for Terror Suspects – WSJ.com.

New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.

The move is one of the Obama administration’s most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.

The Supreme Court’s 1966 Miranda ruling obligates law-enforcement officials to advise suspects of their rights to remain silent and to have an attorney present for questioning. A 1984 decision amended that by allowing the questioning of suspects for a limited time before issuing the warning in cases where public safety was at issue.

The Justice Department believes it has the authority to tinker with Miranda procedures. Making the change administratively rather than through legislation in Congress, however, presents legal risks.

“I don’t think the administration can accomplish what I think needs to be done by policy guidance alone,” said California Rep. Adam Schiff, the top Democrat on the House Intelligence Committee. “It may not withstand the scrutiny of the courts in the absence of legislation.”

Before becoming president, Mr. Obama had criticized the Bush administration for going outside traditional criminal procedures to deal with terror suspects, and for bypassing Congress in making rules to handle detainees after 9/11. He has since embraced many of the same policies while devising additional ones—to the disappointment of civil-liberties groups that championed his election. In recent weeks, the administration formalized procedures for indefinitely detaining some suspects at Guantanamo Bay, Cuba, allowing for periodic reviews of those deemed too dangerous to set free.

The Miranda change leaves other key procedures in place, notably federal rules for speedy presentation of suspects before a magistrate, normally within 24 hours. Legal experts say those restrictions are bigger obstacles than Miranda to intelligence gathering. The FBI memo doesn’t make clear whether investigators seeking exemptions would have to provide a Miranda warning at the time of such a hearing.

Also unchanged is the fact that any statements suspects give during such pre-Miranda questioning wouldn’t be admissible in court, the memo says.

Foreign-terrorists should not be privy to all the legal rights American citizens enjoy, particularly if they aren’t in the U.S. or break the law to enter the U.S. So keep in mind how Obama, Holder, DOJ, DHS and many Democrats view groups like the Tea Parties when they “curtail” the rights of “domestic-terrorists.”

34 Responses

  1. Get this administration into court for treason now!

  2. If the President is the Commander in Chief isn’t he subject to the UCMJ?

  3. An enhancement to the Muslim Protection Act.

    Part of Holders’ “Catch and Release” program.

    The same guy who wants to bring us “Gun Control”

    Wait till the next election. Send these boys to the unemployment line.

  4. IMPEACHMENT IS NOW IN ORDER FOR THE HEAD HONCHO AND ALL OF HIS 40 THIEVES AS WELL AS HOLDER WHO ARE DESTROYING THIS COUNTRY. WHERE THE HELL IS THE CONGRESS ON THIS AS THEY IMPEACHED CLINTON FOR A LOT LESS THAN WHAT IS HAPPENING NOW. DAMN THE SNIVELING GUTLESS WONDERS IN THE CONGRESS TODAY. CANT WAIT TILL 2012 WHEN WE CAN BOOT THESE CRIMINALS OUT INTO THE STREET. LOCK AND LOAD.

    • Impeachment is long over due. bary is a threat to Amercas best interest. He has mocked the cositution and all we stand for. This Kenyan needs to go!

      • You sound like one of those crazy birthers or morons witch ever one you prefer. Seems like what you stand for is hate

  5. How much more??? What next?

  6. When will Congress pass a law legally defining an enemy combatant?? It’s long overdue.

    Using the judicial system is the same mistake Clinton made and Obama is in full knowledge of the harm he’s doing to our intelligence and our military.

    These terrorists are NOT criminals. They are enemy combatants. This is a military matter. NOT a judicial one.

    Impeach the lot of them.

  7. More of the same from Hussein Obama and the Department of Jihad.

    • I like the way you use his name as a type of an insult , because in the last administration had a DICK and a BUSH in charge.

  8. This guy is gets my vote for the worse president ever. aaaaaaaaaaaaaaaaaahhhhhhhhhhhhhh!

    • George W. already took that position.

      • is this what they teach you at Organizing for America?
        anyone else notice new names always show up when Obama is stumping for voters- not with any arguments, or facts just name calling trolls?

  9. George..you are spot on!! what else does this gang of crooks need to do to get impeached? Obama is Americas #1 enemy, and that is how history will record his regime in years to come… He is not even American, as his father was a British subject when Obama was born!! this automatically precludes him from being President ( with or without his birth certificate)….why isn’t this obvious fact being used to oust this marxist muslim infiltrator!! where are the patriots in Congress and the House who should be mad as hell at what’s happening to America.. I can scarcely believe it myself!

  10. This spineless wonder of a president is muzzie and he is using tarique to advanced the piglam cause!

  11. Hope this is on topic, but it is bloody important…

    THIS IS SOMETHING EVERYONE NEEDS TO KNOW!!!

    We now live about 30 miles from Fresno . We are up in the Sierras and Fresno is the first big town we encounter when we leave the mtns. We shop there often. I received this from my ex-homicide partner who is still active in law enforcement circles in the Fresno area.

    Excuse the language, but don’t excuse the facts. Don’t give up your guns, and buy necessary ammunition if you can find it. Be cautious and alert. Be ready if, God forbid, we need to protect our families and loved ones.

    If you weren’t at Rotary meeting on Friday, you missed the only decent speaker we’ve had in more than a year. LTC John Cotter is the 144th Fighter Wing’s antiterrorism officer. John had a two-part presentation. First part was describing his job as the unit’s antiterrorism officer. Pretty standard stuff.

    The second part was information that will curl your hair. A Part-time air guardsman works as a checker at local Von’s. Two women in full burkas buy every pre-paid cellphone in the store. Clerk/airman gets to thinking about it. Goes to Cotter and reports incident. Cotter asks store for surveillance video. It’s scary enough that he contacts Fresno FBI.

    FBI investigates and determines these women have been doing this all over the Valley. Cell phones shipped through Canada to Iraq/Afghanistan where they become triggers for roadside bombs.

    The Shell station at Peach and Shaw. Every time a local GI goes there in fatigues they are asked specific questions. What is your unit? When are you deploying? How many aircraft are you taking?

    The F-16s out of Fresno fly CAP for west coast. As such they are the first line of defense so they have the US ‘s most sophisticated air-to-air missiles. Foreign governments would like to get their hands on those missiles or at least learn how to build them. Also how many we have, etc. Two spy groups are working on it, one based at Fashion Fair Mall (the F-16s take-off pattern) and one based at Sierra Vista Mall (the F-16s landing pattern).

    Cotter said the ragheads (But we don’t profile) are always probing the base. Two dorks in a pickup show up at the front gate wanting to deliver a package marked Air National Guard, Fresno . No postage, no UPS, no FedEx, no DHL, no nothing. Just a probe.

    I asked Cotter why we haven’t seen anything about this in The Bee, on KMJ, on local TV news. He said they’re not interested. Since Friday I’ve learned of two other things. My brother-in-law, Frank, (management at Avaya) had a Muslim tech who took a leave-of-absence for 6 weeks in Afghanistan . After the 6 weeks were up he called from New York requesting an extension. Frank (who does profile) said, you’re fired, and called the Fresno FBI who were very interested. Don’t know the outcome.

    A Muslim who owns a liquor store in my former hometown of Kingsburg was constantly bugging customers to buy guns for him. Finally one of the guys I grew up with called the FBI.

    We are a country at war and the enemy is among us. I don’t care what Janet Napolitano says, it’s a fight to the death and we should be prepared as possible. Brother-in-law Frank has a theory and I think it may be closer to the truth than Homeland Security wants to admit. There are a certain number (probably a large number) of Muslims among us who are awaiting the trigger date and will begin randomly killing as many of us as they can, sort of a Fort Hood on steroids. I know I’m getting prepared to shoot back.

    Two items of interest: Sheriff Margaret Mims wants to grant concealed carry permits to all who are qualified. Columnist Jim Boren, among the most bleeding of the bleeding heart liberals, says it’s time for Fresno residents to arm themselves. LOAD up, you can bet this is happening in places other than Fresno .
    David Rayburn

    • Well, I’ll show my husband this. I am armed and have been for some time. (Dad taught me to shoot some time ago). But I will get more ammo.

      Maybe this will spur my husband into getting a side arm at least.

      As all the tenets of Marxism become reality, an attempt to disarm us will come at some point. If I know Texans, they’re in for a hell of a fight here.

      • I am in Canada and up here we can’t arm ourselves like our neighbours to the south.

        We can depend on our government to protect us! LOL
        I love Canada but we have nothing but gutless pukes running the show up here, and we are currently slated for another election, and the litter we have to pick from is absolutely shameful.

        As far as I can tell…it’s up to the U.S. to keep the entire west free from this Islamic blight.
        If you guys fail, all is lost!

  12. I like the way they did it in the ‘old days,’ just blow the damn ship out of the water. They killed American citizens on the open seas. Now they get merandized???????

  13. No offence intended but I am not sure you all have a grasp of what a ‘domestic-terror suspect’ is.

    I think any non-Democrat is a potential ‘DOMESTIC TERRORIST. Especially if you own a gun or speak ill of the Regime and it’s blatant contempt for the Constitution.

  14. hussein Obama will use these new procedures to lock up those who disagree with him

  15. Is this guy obama for real? Here he is at his best, playing at ‘diplomat-world leader’. He needs to be reminded this is NOT Chicago.

  16. [...] at Creeping Sharia Posted in Government. Tags: Barack Obama, Czars, Dept. of Justice, Eric Holder, Liberty. Leave a [...]

  17. You should know that Miranda applies to the admissibility of statements of persons in custody. It does not apply to how long persons are held.

  18. [...] Obama revises Miranda rights for “domestic” terror suspects Foreign-terrorists should not be privy to all the legal rights American citizens enjoy, particularly if they aren’t in the U.S. or break the law to enter the U.S. So keep in mind how Obama, Holder, DOJ, DHS and many Democrats view groups like the Tea Parties when they “curtail” the rights of “domestic-terrorists.” [...]

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