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Ashcroft: 'When You Have A Person In The Criminal Justice System, You Mirandize Them'

First Posted: 04/21/10 06:12 AM ET Updated: 05/25/11 04:35 PM ET

Ashcroft

Former Attorney General John Ashcroft said on Friday that he had a very straightforward policy on when and whether to read Miranda Rights to people captured by the FBI and suspected of terrorism.

"When you have a person in the criminal justice system, you Mirandize them," Ashcroft said flatly, when asked by HuffPost about the reading-of-rights that has conservatives outraged at the Obama administration.

Federal agents read the Christmas Day bomber his Miranda Rights after he was taken into custody. That such a straight forward statement from Ashcroft, who now sounds like a voice of reason, is at odds with his party's loudest critics indicates just how far the political conversation has drifted in the past several years.

Conservative speakers at CPAC and elsewhere have been hammering the administration for attempting to try terrorism suspects in the United States using criminal courts. Ashcroft declined to join them with regard to 9/11 architect Khalid Sheikh Mohammed.

"I'm not privy to all the facts," he said of KSM, who was captured while Ashcroft was Attorney General. "I think, look, you adjudicate different kinds of charges in criminal court than you do in military commissions. Military Commissions adjudicate non-citizen violations of the laws of war. Criminal courts adjudicate violations of the titles of the criminal code in the criminal law of the United States. And the kind of publicity and exposure and transparency of one poses certain kinds of challenges in terms of the maintenance of the integrity of intelligence and the like that others don't."

Earlier Friday, Ashcroft told HuffPost that criminal courts can have "use and utility," but whether to try a particular terrorism suspect criminally should be decided on a case by case basis.

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Former Attorney General John Ashcroft said on Friday that he had a very straightforward policy on when and whether to read Miranda Rights to people captured by the FBI and suspected of terrorism. "Wh...
Former Attorney General John Ashcroft said on Friday that he had a very straightforward policy on when and whether to read Miranda Rights to people captured by the FBI and suspected of terrorism. "Wh...
 
 
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HUFFPOST BLOGGER
Paul Peete
Proud to be Progressive!
07:05 PM on 02/20/2010
You know the Republicans have gone over the edge when Bob Barr and John Ashcroft become voices of reason. Ashcroft, as a former Attorney General, should have some credibility with his rightwing nutjobs.
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HUFFPOST SUPER USER
Barbie and Ken forever
05:51 AM on 02/20/2010
WTF? He makes sense for a right winger. What is happening?
12:10 AM on 02/20/2010
How was Mcveigh tried? I can't believe there is a question about this. There is no hope whatsoever for this country if we have a question about how to deal legally with terrorist.
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LeFlaneur
does nuance.
04:40 PM on 02/19/2010
Let the eeeeeeagle sooooooooar! Like she's never soooooooared befoooooooore....
04:38 PM on 02/19/2010
Good for John Ashcroft.

My belief is that the Regressive Right is using the Latin name "Miranda" to stoke prejudice, fear and hatred for their own political gain.
04:38 PM on 02/19/2010
He's using too many big words for them.
HUFFPOST COMMUNITY MODERATOR
BBinMT
Is this a 5 minute argument or the full half hour?
04:22 PM on 02/19/2010
Miranda warnings simply enumerate the constitutional rights a person is afforded after he/she has been arrested, to make sure they understand those rights. Conservatives like to cherry-pick what they like and don't like even when it comes to the costitution, which they patriotically claim to hold with high regard.
03:44 PM on 02/20/2010
Well said. If a person know nothing about Miranda warnings apart from what the right makes of them, that person would think that to be Mirandized OBLIGATES the suspect to clam up. Do those on the right not understand how law and due process work? Or are they deliberately undermining comprehension and respect for how the system is supposed to work for political gain? Why am I even asking these questions?
HUFFPOST SUPER USER
Jaczar
Humanity above Profit
04:21 PM on 02/19/2010
Well, Ashcroft's speaking out won't matter one whit to the far right kooks at CPAC (Crazy People At a Conference).
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HUFFPOST SUPER USER
Barbie and Ken forever
05:51 AM on 02/20/2010
I saw on this website by another user Crazy People Acting Crazy. I changed it to Conservative People Acting Crazy. Yours is good too
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HUFFPOST BLOGGER
Paul Peete
Proud to be Progressive!
08:29 PM on 02/20/2010
How about the Confederates Posing As Conservatives. It fits their unspoken wishes.
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HUFFPOST PUNDIT
SPQR1052
04:18 PM on 02/19/2010
And what is it that these people fear - We cannot have speüeraate rules.

The laws are the laws and we are a nation which prides itself upon adherenc to the rule of law.

The wingnuts are just loco-out of there dammn mindscrazy.
04:13 PM on 02/19/2010
I don't understand why they wouldn't read Miranda rights to someone who has been arrested.
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HUFFPOST SUPER USER
deeppeace
Hey! My micro-brew is empty!!
04:24 PM on 02/19/2010
There are some who think perceived terrorists don't deserve rights of any kind.
03:46 PM on 02/20/2010
Not only that, but I suspect these same people don't believe that no one who has been arrested for any cause deserves any rights. After all, the thinking must go, if someone has been arrested, then they must be guilty.
04:05 PM on 02/19/2010
John Ashcroft: Voice of Reason

Whoda thunk it?
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HUFFPOST SUPER USER
William Young
Repubs you lost GET OVER IT!
05:05 PM on 02/19/2010
Exactly, thats what I was thinking. Maybe if he was this sensible under Bush then he wouldn't have stepped down.
HUFFPOST SUPER USER
legaleagle4
proudly scaring republicans since 1982
03:51 PM on 02/19/2010
I feel dirty even partly agreeing with John Ashcroft, but I (partly) do.