Eric Holder: Miranda Rights Should Be Modified For Terrorism Suspects

Attorney General Eric Holder said for the first time today on ABC's "This Week" that the Obama administration is open to modifying Miranda protections to deal with the "threats that we now face."

"The [Miranda] system we have in place has proven to be effective," Holder told host Jake Tapper. "I think we also want to look and determine whether we have the necessary flexibility -- whether we have a system that deals with situations that agents now confront. ... We're now dealing with international terrorism. ... I think we have to give serious consideration to at least modifying that public-safety exception [to the Miranda protections]. And that's one of the things that I think we're going to be reaching out to Congress, to come up with a proposal that is both constitutional, but that is also relevant to our times and the threats that we now face."

America's system of Miranda rights developed out of a 1966 Supreme Court ruling which found that the Fifth Amendment and Sixth Amendment rights of an alleged rapist and kidnapper, Ernesto Arturo Miranda, had been violated during his arrest and trial (Miranda was later retried and convicted).

The Court ruled that before being interrogated, a person in custody must (among other things) "be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court," and that they "must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning."

Holder, who was making his first appearance on a Sunday morning news show, also declared that the Pakistani Taliban was behind the attempted bombing of Times Square by Faisal Shahzad last week.

"We've now developed evidence that shows that the Pakistani Taliban was behind the attack," Holder said. "We know that they helped facilitate it. We know that they probably helped finance it. And that he was working at their direction."

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Comments

[Cailleach Echo]

05:49 PM on 05/18/2010

Oh jeez - reading the comments below ...

I hope some of you will re-read the article because Holder is not giving away freedoms,does not think "war criminals and banksters should walk free".

As I said, the article and poll are misleading but the "public-safety exception" actually works to tighten the noose.

[Cailleach Echo]

05:42 PM on 05/18/2010

This is so misleading. The article, the poll - should be more clear that it is NOT the Miranda warning that may be changed. Its the "public-safety exception" that has been in place for some years.

My concern would be the possibility of losing the case on appeal but I don't think that's a real danger.

[plumbergirl]

08:39 AM on 05/18/2010

I would rather die then give away our Constitutional rights regardless of the danger. The danger without the use of them would be far grater.

[RightWinger2]

03:38 PM on 05/12/2010

Holder is "open" to reconsidering Miranda warnings for terrorists? Why is this clown still Attorney General?

[Tulka2]

03:54 PM on 05/11/2010

Holder's television comment is a pin to prick the Republican talking point balloon. Nothing more.

Our Time Square perp has not even shown up in court yet. How's that for habeas corpus? My guess he is so crazy it will be embarrassing. We want a dangerous terrorist and all we will get is a borderline schizo.

[DuPageDem]

08:41 AM on 05/11/2010

Spoken like a guy who thinks war criminals and banksters should walk free.

[rougebaisers]

11:27 PM on 05/10/2010

And corrupt politicians, and war profiteers, and environment destroying oil men, and banksters, and........

[Chief22]

11:15 PM on 05/10/2010

I guess holder is beginning to see that we are actually at war with enemy combatants, and that terrorism isn't simply a law enforcement issue, but one best handled by those who know of things of war.

[scottymac11]

08:11 AM on 05/11/2010

If Holder denies Americans their rights then he is at war with Americans. Enemy combatants,war on terror. These things are rhetoric to frighten sheepole pansies. America stands for something or she lays down for anything. We must stand by our two hundred years of historic principals and fight our enemies without relinquishing the great gift Americans give to the world. The concept of personal worth that this country invests in each and every citizen through the bill of rights and constitution.

[Domingaux1969]

09:00 AM on 05/11/2010

These folks want to KILL you. Dont you get it??? This is not little Jimmy who was misled by nonparenting and broken school systems. These are folks that want to destroy little Jimmy's home and yours alike. Believe this, they understand the Game, and or exploiting it. Its just not a religous thing, theyre are folks even inside our borders that would rather see nothing better than destroy everyday folks Dems, Libs, Repubs, or Conservs, anyway they can. By either a bringing packages with powder that explode or go inside your noses or shoot up your viens to destroy. And they would kill your daughter , son, wife, or husband to do it without conscious.

[Domingaux1969]

11:03 PM on 05/10/2010

My my thing is that we are in America. Folks moved here not just because of liberties, yet also because we protected first the Citizens of our land to live and raise their families in peace. Now in every course of history we have protected the Land, some in good faith, sometimes not. Yet as POTUS or SCOTUS, you can not allow folks Who Do NOt share your believe system in Justice, Liberty , or the Pursuit of Happiness to run foul. If you lived in any of these places you see in 10 minutes some of these folks, these violators, care less. In fact they feed on your compassion.

[William1950]

10:51 PM on 05/10/2010

all people charged with a crime in this country should be treated the same... we are who we are because of our freedoms... freedoms protected by rule of law and the constitution... so, read him his rights, and then drop a big bomb on pakistan..

[Chief22]

11:16 PM on 05/10/2010

if muslim terrorists were simply criminals like the guy who robbed the 7-11, I would agree, but these are enemy combatants as defined by the Geneva Convention, and need to be treated as such.

[Domingaux1969]

11:19 PM on 05/10/2010

Agreed. And not Just Muslim Terrorists. Its getting bad with the cartels and militas a like. Folks are feeling no repercussions for their terror acts

[LFox6]

11:39 PM on 05/10/2010

Fanned, William, AMEN (oops, can I say that here? LOL)

[Gpiano88]

10:17 PM on 05/10/2010

The so-called "War On Terror" is a colossal fraud. It was designed to scare use and at the same time use it an excuse to make war and shred the Constitution, while affording huge profits for people who couldn't care less about our country. Nobody ever seriously discusses at least in the MSM, the real cost of all this war and the no-bid contracts and total lack of acccountability! One day it will end with the fragmenting of the U.S. into smaller independent nations because the Fed will become banckrupt and impotent. Case in point; Soviet Russia. It lasted a whole 70 years. The U.S. will go the way ofthe Soviet Union, collapsing under its' own debt and dysfunction.

[Chief22]

11:21 PM on 05/10/2010

UBL declared war on the US and clinton did nothing, UBL refered to us as a paper, and did nothing, our barracks in Saudi arabia was blown up and we did nothing, a US Navy ship was blown up and we did nothing, 2 embasies were blown up and we bombed toothpaste factories. UBL finally got bold and blessed his minions and blew up the twin towers and the pentagon, and a field in Pa. He Knew we would do nothing...He was dead wrong, none of these thing here happened in your mine??

[LFox6]

11:41 PM on 05/10/2010

It so amuses me that die-hard left wingers count every penny that any military action costs (pennywise), yet are ever so willing to use my hard earned dollars to pay for every profligate socialist cause to come along - wise up!!

[LouEstes]

10:31 PM on 05/17/2010

Yeah, but we know the GOP think deficits don't mattter, they just showed US that.
This policy finally caught up late 2005, has not stopped climbing since.
Why are you caring about money and spending?
You seem to be against the Dems financial plans.
Gonna put the guys who tell ya up front then proved, deficits don't matter, gonna put them there again? You want that to our financial spending policy again?

[Domingaux1969]

10:05 PM on 05/10/2010

Great News. Its Time we as Americans stop thinking we are living in Vac. A Vac that we are so holier than thou while terrorists, drug cartels, militias run wild killing Americans and Terrorizing people all across the Land. Sure there are some risks, you make those checks and balances to keep in check, yet We Must Not allow these violators to continue killing up the American landscape. Before you answer , they are a lot of Liberal/Progressive sons and daughters dying everyday by those so called defendents you are trying to protect. And some of these, are not even wearing uniforms. Ask a grieving mother or father.

[MiHi]

09:58 PM on 05/10/2010

I find myself just not giving a damn anymore. We voted for Obama because we wanted to escape from the stranglehold of the right wing and the corporations. We were lied to. We were sold out. Literally, we were sold out.

[Domingaux1969]

10:09 PM on 05/10/2010

You sounds completely senseless. We are at War. Between the Cartels and Terrorists, what do we do? Continued to murdered, our kids murdered while we debate academically in lecture halls and liberal blogs? No one likes war, its Heck. Yet somebody must be able to do it. And as for Obama, yes these corporations the same ones that supply $$$ to keep sites like this running. Its easy to be work off philosophic ideas when not being faced in a real world life or death choice. Obama doing a great job. Not just the job you expected

[Gpiano88]

10:26 PM on 05/10/2010

You know what is completely senseless? Endless war, no public health care, the worst infant mortality rate among industrialized nations and scare tactics and misinformation designed to manipulate your fear and loathing. Remember when SCOTUS picked W? That was only the begining. As far as "we are at war" goes, you are either parotting someone elses language or, you have bought into the lies.

[LFox6]

11:44 PM on 05/10/2010

Doming, I've said it before on this site, and I'll say it again: I could be construed as a either a very moderate conservative or a somewhat conservative liberal - take your pick, it's alot of semantics. I did not vote for Obama, but I have to say, overall, I give him high marks - he is walking the tightrope and doing the best job he can. I can't say I agree with everything he does (but who does, eh?), but I am very proud of our current President, his staff, and the work they are doing overall. 2012? Unless another party can come up with VERY good replacement - I know where my vote will go.

[KennyT]

08:46 PM on 05/10/2010

The term "Miranda rights" is misleading. What we're talking about is constitutional rights afforded everyone in this country -- citizen or not. Is he asking to change our Constitution? Has he lost his mind? Bush took away some of our rights, but I don't see this administration giving them back.

[naschkatze]

09:16 PM on 05/10/2010

It looks like this administration is even going beyond Bush, e.g., the order to shoot to kill any American citizen SUSPECTED of terrorism. Can't you envision some patsy taking a hit whenever it is convenient pr? And who's to know the difference?

[talkitreal]

08:19 PM on 05/10/2010

#1 - I am happy to see that this Administration want to do things Constitutionally, adhering to the laws of this country - and when they think changes may be needed, they want to have discussions about this to the public, as well as to the Congress.

President Bush would have just ignored the laws, ignored the Constitution, and done whatever the hell they wanted - just like they did with waterboarding.