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COMMUNITY PUNDITS
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JShankel 07:27 PM on 04/26/2013
Okay, it's irrelevant that this guy is a citizen.  Immigrants have the same right to silence and to counsel that citizens do. Nowhere in the fifth or sixth amendments does the word "citizen" appear.  Those are rights of "persons" and of "the accused."  Explicitly not limited to citizens.

This is why immigrants have a right to trial.  This is why we can't just seize their property  Read More...
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HUFFPOST SUPER USER
amva55
South Floridian in GA
09:44 AM on 04/27/2013
Talking about grasping at straws and diverting attention.
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HUFFPOST SUPER USER
fmn62
Registered independent-Anti corporate greed.
09:44 AM on 04/27/2013
Every tragedy in this country seems to turn into some loud mouth politicians opportunity. This is a mess that needs to be fixed but in this country we only fix things that effect the rich like air travel.
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TxGold
Proud Conservative Texan
09:43 AM on 04/27/2013
Shady, to say the least. But then it's holder and obama so that's what we can expect from them.
10:00 AM on 04/27/2013
Yes, bc Eric Holder and President Obama wrote the Constitution.
10:25 AM on 04/27/2013
Heh! Didn't write it, but they are supposed to follow it.
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cynthia3217
PHD in truthiness
10:26 AM on 04/27/2013
Either you follow the Constitution or you don't. Being from TX you probably have been upset about the NRA hooey about the 2nd Amendment. But you want to ignore the 5th, 6th, 7th, and 8th...
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Claudia L
Time is the seed of the Universe
09:41 AM on 04/27/2013
If the police fail to read a suspect his or her Miranda rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.

They found these guys within hours and they can't find out if they were internationally connected?
09:37 AM on 04/27/2013
That's right! We only Mirandize them if they're white
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09:35 AM on 04/27/2013
It is my understanding that the public safety exclusion of the Miranda law is only applicable when the suspect or it's involvement is an imminent public safety issue. In those early moments when the suspect was found and apprehended he, and whatever information he may have given, could have been viewed in that light. However, after he was laying in a hospital bed, near death, I think the public safety aspect was no longer imminent and in order to be able to take the suspect to trial and use whatever information he was providing against him in his trial, he had to have been read his Miranda rights.
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LeftRight
TANSTAAFL
11:24 AM on 04/27/2013
Correct, the public safety exemption is basically a way for the government to say "We think that there's still a threat even though we have you, and we will willingly give up the authority to use our interrogation against you, in an attempt to get you to talk."

In other words, it's much like a plea deal of immunity for talking about what you did.
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11:30 AM on 04/27/2013
Thank you for your comment.
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Dancenownzen
09:33 AM on 04/27/2013
citizen..........that's the one word that matters most.....regardless of what he did....regardless of our feelings our opinions
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LeftRight
TANSTAAFL
11:25 AM on 04/27/2013
Not really. The Constitution only places citizen limits when running for office or voting. Otherwise the Constitution is clear that EVERYONE has those rights.
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ogates
09:32 AM on 04/27/2013
it's called "due process"--get over it michael mccaul(R)Texas and stop your right-wing propaganda!
09:47 AM on 04/27/2013
He's an attorney and he doesn't know the constitution? What a schmuck.
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charemor
09:50 AM on 04/27/2013
He's from Texas, so what else can you expect? Probably got his law degree by mail like Orly Taitz.
09:30 AM on 04/27/2013
Why is this guy undermining the most intelligent of US intelligence if he himself is part of that? Because he's no intelligent. Don't listen to this guy.
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holierthandow
I may be bad but I'm not evil...
09:27 AM on 04/27/2013
complete bullshite...
09:25 AM on 04/27/2013
Firstly, that's why we have a constitution, i.e. it exists to protect our rights when its inconvenient. Dzhokhar is an US citizen. He has as much rights as any of us.

Secondly, applying different standards based on just their nationality, religion or race might actually also violate the 16th amendment.

Finally, anything he says before he's mirandized cannot be used against him in a court of law, so as a practical matter, its better to Mirandize him and then question him, as it would help in his conviction.
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vwtimmy
giving the smack back
09:20 AM on 04/27/2013
If it comes out of the mouth of a Texas congressman, there's a 50% chance that it is wrong, and a 100% chance that it is whacked.
09:19 AM on 04/27/2013
Mr. McCaul and his fellow do-nothing Republican colleagues in the House spend more time bashing the President than taking care of the People's business. McCaul and his fellow Republican Christian lawmakers would put Tsarnaev, and anyone else they deem a terrorist, in a room and torture a confession out of him, because that's what Jesus would do. Rule of law means nothing to him, and the ONLY Amendment worth protecting is the 2nd.
09:18 AM on 04/27/2013
rush?
if he stays in our court system and does not get hes Miranda rights read to him, he can get off?
would they rather he got off because he was not read he's rights?
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Claudia L
Time is the seed of the Universe
09:42 AM on 04/27/2013
He doesn't get off - if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.
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LeftRight
TANSTAAFL
11:26 AM on 04/27/2013
That's the point that chaikgeorge was making, that if we HADN'T Mirandized Tsarnaev the government wouldn't be allowed to use anything he said, so he wouldn't be convicted.
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IsThatYourRealBrain
I know you are, but what am I?
09:18 AM on 04/27/2013
I think the scarey-boogie-man loss of intelligence is all in Michael McCaul's head.