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Tag: Miranda warning

May
11th

With safeguards, let those terror suspects talk

This editorial will appear in tomorrow’s print edition.

Somebody in the White House should have winced Sunday when Attorney General Eric Holder raised the possibility of more Miranda-less questioning of terror suspects.

“We’re now dealing with international terrorism,” he said about the attempted Times Square bombing, describing it as a “new threat.” The “now” and “new” suggest that that the bomber’s apparent Taliban connection was a big surprise that has suddenly required the Obama administration to rethink how it handles suspects.

Let’s hope Holder and others in the administration weren’t caught that flat-footed. There’s nothing remotely new about international terrorism; the World Trade Center was first bombed in 1993, and the likes of al-Qaida have been targeting the United States ever since.

The supposed novelty of an international attack has at least given the Obama administration a pretext for re-examining its overly rigid practice of reading Miranda rights almost immediately to suspected terrorists arrested on American soil.

This conventional police approach is clearly a reaction to abuses of the Bush era. It’s also an overreaction.
Delaying a Miranda warning or questioning someone as an enemy combatant, by themselves, are not the same as torture or extraordinary rendition. Extended questioning without a warning can be done within the law. There’s also room to legally expand the practice, as Holder seemed to be conceding.
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