Yea, but Obama was supposed to be different. Seems like its not so different.

On Mon, May 10, 2010 at 10:10 AM, LRS Scout <lrssc...@gmail.com> wrote:
>
> Doesn't matter if it were obama or mccain.
>
> Things are declining.  Period, doesn't matter which side is in charge.  They
> both want bigger, more intrusive, more expensive government, just for
> different reasons.
>
>
>
> -----Original Message-----
> From: Scott Stroz [mailto:boyz...@gmail.com]
> Sent: Monday, May 10, 2010 9:56 AM
> To: cf-community
> Subject: Re: in the oh hell no category
>
>
> Somehow, I do not think this is the 'change' everyone signed on for.
>
> Its bullshit, plain and simple. I only hope the Obama-ites can see the
> truth through their kool-aid induced euphoria.
>
> On Sun, May 9, 2010 at 7:49 PM, Dana <dana.tier...@gmail.com> wrote:
>>
>> All the uproar about reading alleged terrorists their Miranda rights
>> predictably rebounds to allow us all a few less rights. See the last
>> paragraph (of couse) for a sensible take.
>>
>>
> http://www.washingtonpost.com/wp-dyn/content/article/2010/05/09/AR2010050902
> 062.html
>>
>> Miranda rights may be changed to fight terrorism, Holder says
>>
>> By Anne E. Kornblut
>> Washington Post Staff Writer
>> Sunday, May 9, 2010; 2:31 PM
>>
>> The Obama administration is considering changes to the laws requiring
>> police to inform suspects of their rights, potentially pursuing an
>> expansion of the "public safety exception" that allows officers to
>> delay issuing Miranda warnings, officials said Sunday.
>>
>> Attorney General Eric Holder, in his first appearances on Sunday
>> morning news shows, said the Justice Department is examining "whether
>> or not we have the necessary flexibility" to deal with terrorist
>> suspects such as the Pakistani-born U.S. citizen who tried to detonate
>> a car bomb in Times Square last weekend.
>>
>> "We're now dealing with international terrorism," Holder said on ABC's
>> "This Week." "And if we are going to have a system that is capable of
>> dealing in a public safety context with this new threat, I think we
>> have to give serious consideration to at least modifying that public
>> safety exception."
>>
>> The announcement marked a potentially significant change by the
>> administration as it tries to manage the politics of national security
>> after repeatedly coming under fire, mainly from conservatives, for
>> being too willing to read Miranda rights to terrorism suspects. The
>> administration is trying to thread a difficult needle: of taking a
>> harder line on terrorism while also doing so within the confines of
>> the criminal justice system.
>>
>> Holder and other administration officials said they would be engaging
>> Congress on putting together a proposal for the changes to the law,
>> which requires suspects to be told that they have the right to remain
>> silent and that their statements may be used against them in court.
>> They did not provide specifics of possible changes.
>>
>> Under the public safety exception, statements obtained pre-Miranda may
>> be used in court -- including to charge suspects -- if it is
>> determined that police needed to obtain information quickly to prevent
>> further crimes. Once an immediate threat is ruled out, the Miranda
>> warning must be read, under current law.
>>
>> The public safety exception dates back to 1984, when the New York
>> Police Department caught a man they believed was an armed rape
>> suspect, only to discover that his loaded gun was missing from his
>> holster. The Supreme Court ruled that it was legal for the police to
>> question the suspect before reading him his rights because the loaded
>> gun -- which he had tossed in a grocery store as he fled -- was a
>> threat to public safety and it was imperative that it be found
>> immediately.
>>
>> Holder referred to the case, New York v. Quarles, in his remarks
>> Sunday, saying it was time for the law to be updated.
>>
>> "That's one of the things that I think we're going to be reaching out
>> to Congress to do, to come up with a proposal that is both
>> constitutional, but that is also relevant to our time and the threat
>> that we now face," Holder said.
>>
>>
>> Yet the changes Holder would seek are not simply about the
>> admissibility of pre-Miranda statements in court, officials said. The
>> goal would be to give law enforcement officials greater latitude to
>> hold suspects within the criminal justice system and interrogate them
>> for long periods of time -- without having to transfer them to a
>> military system or designate them as enemy combatants, they said.
>>
>> That could mean seeking a change not to the public safety exception
>> but to a separate statute that governs how long a suspect may be
>> interrogated before being brought before a judge. Currently, there are
>> limitations on how long that period of time may last.
>>
>> Orin Kerr, a professor at the George Washington University Law School
>> and expert in criminal justice, said it is unlikely the Supreme Court
>> would defer to Congress if it sought changes to the scope of Miranda.
>> But there would be more flexibility on the detention statute, he said.
>> Changes, Kerr said, "make sense if you can define what a terrorism
>> case is." "The devil is in the details in these sorts of things," he
>> said.
>>
>>
>
>
>
> 

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