This time, it's via the agency of Attorney General Eric Holder, who wants to do a "carve-out" of Miranda rights for terrorism suspects.
The comments of Holder, on Meet the Press, and "terrorism czar" John Brennen both were blanket statements; that is, they did not exclude from this desired Miranda carve-out terrorism suspects American citizens like alleged would-be Times Square bomber Faisal Shahzad.
Part of the problem here is that, in the Shahzad case, we're relying on information from Pakistani intelligence agencies that surely were none too queasy about how they got the intelligence. Picture a future case, where the foreign side, in a country like Pakistan, supplies the first intelligence, and the U.S. then uses that possibly flimsy and definitely tainted information to justify not Mirandizing someone.
Or, let's go a step further.
Suppose a Shahzad is arrested abroad. And, then, he either actually is "rendered" to Pakistan, or at least the threat is made of that.
THEN, the U.S. government uses information gained from that to interrogate him here in the U.S. without Miranda protections.
Orwellian, no?
Oh, and if this isn't a lead-pipe cinch "tell" that Elena Kagan is Obama's next SCOTUS nominee, I'll eat my hat.
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