Friday, January 21, 2011

Bye Bye, Miranda?

The Obama administration has a new policy ("guidance," whatever that is) on Miranda warnings in terrorist cases. The policy is... well, actually, the policy is being kept secret. Here's Justin Elliott on Salon:

The Obama administration has issued new guidance on use of the Miranda warning in interrogations of terrorism suspects, potentially chipping away at the rule that bars the government from using information in court if it was gathered before a suspect was informed of his right to remain silent and to an attorney. 

But the Department of Justice is refusing to publicly release the guidance, with a spokesman describing it in an interview as an "internal document." So we don't know the administration's exact interpretation of Miranda, even though it may have significantly reshaped the way terrorism interrogations are conducted.


Some seem to think this guidance may be an extension of the public safety exception to the Miranda requirement. But this administration seems to feel free to do literally anything regarding any legal procedure, constitutional due process be damned.

Does anyone else perceive the notion of "secret rules" as nonsensical to the point of stupidity?


  1. This is part two of destroying Habeaus Corpus.

  2. You don't know how scared I am. This place is falling down around our there any country who wants us?



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