I think, to some extent, this is a tempest in a teapot. For one thing, it appears from publicly available information that there's enough information to get a conviction with or without any interrogation.
For another thing, what protections are actually provided by the Miranda reading? Only that what he says absent a lawyer's advice can't be used against him in court.
However, what some have termed a "clean team," or a team of investigators wholly unrelated to and out of contact with the prosecutorial team, could interrogate him to their heart's content (subject only to the defendant's right to a prompt trial), extracting everything of intel value outside of Miranda circumscriptions without harming in any way any trial.
I think, to some extent, this is a tempest in a teapot. For one thing, it appears from publicly available information that there's enough information to get a conviction with or without any interrogation.
ReplyDeleteFor another thing, what protections are actually provided by the Miranda reading? Only that what he says absent a lawyer's advice can't be used against him in court.
However, what some have termed a "clean team," or a team of investigators wholly unrelated to and out of contact with the prosecutorial team, could interrogate him to their heart's content (subject only to the defendant's right to a prompt trial), extracting everything of intel value outside of Miranda circumscriptions without harming in any way any trial.
Eric Hines
Watch what a canny defense lawyer will do with that.
ReplyDeleteBut the article about the 'pink police state' is generally spot on, and it's a term I'm going steal.
Watch what a canny defense lawyer will do with that.
ReplyDeleteOf course. But the judge and the prosecution get votes here, too.
And in the meantime, we'd still have the intel data. That part is up to Obama.
Eric Hines
Yeah. Well, it's becoming obvious that the FBI/CIA/DHS can't/won't work together on intel, so good luck with that.
ReplyDeleteAnd Roger Kimball here comes up with another term "SWAT Nation": http://pjmedia.com/rogerkimball/2013/04/25/swat-nation/?singlepage=true