Glenn Greenwald tweets reminders that due process concerns are bigger than Boston

[sailingaway]

Glenn Greenwald ‏@ggreenwald 18h
Anyone mocking Lindsey Graham should probably read this http://is.gd/ZkVlUW - http://is.gd/YkDoeR - http://is.gd/3Hjp7K

[sailingaway]

one of the headlines:

Obama rolls back Miranda rights
New Justice Department rules say terrorism suspects do not need to be informed of their rights for lengthy periods

[Brett85]

As was pointed out before, Miranda rights aren't actually included in the Constitution, so nobody really has to be read Miranda rights. People should be smart enough to know what their rights are. Now if this kid asks for a lawyer and they don't give him one, that's a different story.

[pcosmar]

As was pointed out before, Miranda rights aren't actually included in the Constitution, so nobody really has to be read Miranda rights. People should be smart enough to know what their rights are. Now if this kid asks for a lawyer and they don't give him one, that's a different story.
I asked for a lawyer.
The interrogation continued.
You have entirely too much faith in a totally corrupted system.

or you believe that bullshit on TV.
:(
.

[enhanced_deficit]

one of the headlines:

Obama rolls back Miranda rights
New Justice Department rules say terrorism suspects do not need to be informed of their rights for lengthy periods

Obama has assumed power to assassinate US born citizens without due process or any trial, what is miranda rights for a guy like him?

[better-dead-than-fed]

As was pointed out before, Miranda rights aren't actually included in the Constitution, so nobody really has to be read Miranda rights. People should be smart enough to know what their rights are. Now if this kid asks for a lawyer and they don't give him one, that's a different story.

I asked for a lawyer. They gave me a lawyer working against me. I complained to the judge and the State Bar; they refused to investigate.

[sailingaway]

As was pointed out before, Miranda rights aren't actually included in the Constitution, so nobody really has to be read Miranda rights. People should be smart enough to know what their rights are. Now if this kid asks for a lawyer and they don't give him one, that's a different story.

They aren't allowed to waive their rights 'knowingly' without it, as the supreme court interprets due process.

[better-dead-than-fed]

They aren't allowed to waive their rights 'knowingly' without it, as the supreme court interprets due process.

(It's the Right Against Self-Incrimination here, I think, not Due Process.)

[sailingaway]

(It's the Right Against Self-Incrimination here, I think, not Due Process.)

It overlaps. There is due process in the Fifth amendment as well.

[WhistlinDave]

I'm sure this has already been the case, and now they're just coming out of the closet with it and making it official, because they know right now most Americans will cheer them on for removing these Constitutional protections. I wonder what would happen if someone who was a US citizen and a terror suspect challenged all this in court based on its unconstitutionality.... Anyone know of any precedents? (Or should I ask, has anyone lived long enough and/or gotten out of Guantanamo in order to try to fight such a case?)

[better-dead-than-fed]

I'm sure this has already been the case, and now they're just coming out of the closet with it and making it official, because they know right now most Americans will cheer them on for removing these Constitutional protections. I wonder what would happen if someone who was a US citizen and a terror suspect challenged all this in court based on its unconstitutionality.... Anyone know of any precedents? (Or should I ask, has anyone lived long enough and/or gotten out of Guantanamo in order to try to fight such a case?)

I've been through numerous unwarned, coercive interrogations while in federal custody on criminal charges. There are some details in my 2009-Nov-27 letter to my court-imposed corrupt attorney. (That letter appears on page 33 here (https://docs.google.com/file/d/1Lm3plpjh4S0CnXrMjU4xT70O3yJHevE37LiEZKXRqDLPtAMLK afaTDWbh-Hn/edit?usp=sharing).) I never made it to the Appeals Court. I asked my court-appointed attorneys to challenge it; they laughed; I reported them to the judge and State Bar, and they laughed too.

This Boston suspect also has to deal with the parade of politicians announcing to prospective jurors that he is guilty. That wouldn't seem allowed under his right to a Fair Trial.

[enhanced_deficit]

Informative discussion.

[Aratus]

better-dead-than-fed --- odds are even an overworked public defender would simply read some of the stories in the news
and quote or play several of the better video sequences in order to ask that the trial be elsewhere, not local & out of state.