[lbo-talk] No rights for Tsarnaev?

Wojtek S wsoko52 at gmail.com
Mon Apr 22 06:04:10 PDT 2013


Shane: "The Miranda Red Herring matters because it is used for something entirely different--the pressure to declare him an "Enemy Combatant," the Bush-invented label that would indeed strip him of all rights, including the right not to be tortured to death!"

[WS:] Good point, although I doubt they would want to torture him. Afaik, torture at Gitmo did not produce any useful intelligence, and I am pretty sure they know it darn well that they need his cooperation to get anything useful out of him. If my mafia contract hit conjecture is true, they should not have it too difficult to convince him to talk.

Wojtek

On Mon, Apr 22, 2013 at 8:34 AM, Shane Mage <shmage at pipeline.com> wrote:


>
> On Apr 22, 2013, at 1:54 AM, Chuck Grimes wrote:
>
> I couldn't find an explicit story, but I assume this:
>>
>> http://www.npr.org/blogs/**thetwo-way/2013/04/21/**
>> 178254784/miranda-rights-and-**tsarnaev-ashcroft-says-u-s-**
>> move-is-the-right-one<http://www.npr.org/blogs/thetwo-way/2013/04/21/178254784/miranda-rights-and-tsarnaev-ashcroft-says-u-s-move-is-the-right-one>
>>
>> No Miranda. Hmm. This may turn out to be a big mistake, or a big victory
>> for the Reich. If they can use this case as a precedent, they can pretty
>> much annul most civil rights for anybody charged under terrorism as a
>> special universe where there are no laws...Where is the public safety
>> exception for a guy with near critical injuries in a hospital who can't
>> speak (intubated?), chained to his bed, and is no doubt under 24/7 armed
>> guards? His mere existance is an existential threat to greatest military
>> power on the planet. I am sure...
>>
>
> In itself the concern about Miranda is a red herring--it applies not to
> whether he can be questioned but whether the "fruits" (admissions and
> consequent physical evidence) of the questioning can be introduced in
> evidence at his trial. He still has those rights and can assert them on
> his own, whether or not the police have read him a formula. In any event,
> assuming physical recovery (unlikely!), the evidence of his guilt on
> capital murder charges seems strong enough that no confession would be
> needed. Indeed, if information is sought the formal Miranda procedure is
> far more likely to elicit cooperation. The Miranda Red Herring matters
> because it is used for something entirely different--the pressure to
> declare him an "Enemy Combatant," the Bush-invented label that would indeed
> strip him of all rights, including the right not to be tortured to death!
>
>
>
>
> “The law is like a spider’s web; the small are caught and the great tear
> it up.”
>
> Solon
>
>
>
>
>
>
>
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> http://mailman.lbo-talk.org/**mailman/listinfo/lbo-talk<http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk>
>

-- Wojtek

"An anarchist is a neoliberal without money."



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