A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
Maybe Graham knows more about the law than you do. Now go back to cashing your welfare check. LMAO...
Any arrested person has a Constitutional right to the assistance of counsel before he is questioned. If public safety requires an exception in this case, the government is going to have to prove it. And because we are talking about overriding a Constitutional right, the standard of proof is going to be high, something like "clear and convincing" rather than "preponderance of the evidence." Tsarnaev is in custody, his brother is dead, and there's little to suggest that they were part of a larger conspiracy. Where is the threat to public safety?
You want to rioting in the streets? Have a judge throw out the case against Tsarnaev because the cops failed to read him his rights. The hysterical responses by people like Lindsay Graham and John McCain, who ought to know better, bring to mind Ben Franklin's remark to the effect that those who are willing to trade essential liberty for a little security deserve neither liberty nor security.
As usual, you are incorrect. "Any arrested person has a Constitutional right to the assistance of counsel before he is questioned" is a total fabrication. They can be questioned no matter what. The statements they make might not be permissible in court but EVERYONE can be questioned.
In this case, they probably don't need his own statements to convict him and put him to death as they have plenty of evidence against him.
You libs need to really learn more about the law and constitution.
You're almost there - he does not have to be mirandized until he is questioned. His neck is injured, allegedly can't talk; there is no rush here. If they decide to let him be interrogated as an enemy combatant, that door has been left open.
What do you base your assertion 'there is little to suggest he is part of a larger conspiracy' on? The Russians had the older on their radar, and the Feds rushed to deport a Saudi national at the bombing site (who happened to be on a watch list) . The Russian that he visited was killed in a Russian terror raid - any of this raise flags yet?
It will be up to the courts, not the DOJ or anyone else, if due process is accorded. As the prisoner cannot talk due to wounds and injuries, its a moot point.
How relevant is the public safety exception several weeks after the accused has been in custody.
Why aren't you screaming loud and clear that your rights are being taken away? That's the real question!