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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-22-11 01:42 PM
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Obama administration keeps new policy for terrorism interrogations secret




Obama administration keeps new policy on Miranda secret
The Justice Department has a new policy for terrorism interrogations -- but officials won't publicly release it
By Justin Elliott
January 19, 2011

The Obama administration has issued new guidance on use of the Miranda warning in interrogations of terrorism suspects, potentially chipping away at the rule that bars the government from using information in court if it was gathered before a suspect was informed of his right to remain silent and to an attorney.

But the Department of Justice is refusing to publicly release the guidance, with a spokesman describing it in an interview as an "internal document." So we don't know the administration's exact interpretation of Miranda, even though it may have significantly reshaped the way terrorism interrogations are conducted.

Asked about the administration's current stance on Miranda, Justice Department spokesman Dean Boyd sent along this statement about the new guidance that was sent to "relevant agencies":

As demonstrated most recently after the attempted terrorist bombings last Christmas and in Times Square last spring, law enforcement has the ability to question suspected terrorists without immediately providing Miranda warnings when the interrogation is reasonably prompted by immediate concern for the safety of the public or the agents. Because of the complexity of the threat posed by terrorist organizations and the nature of their attacks -- which can include multiple accomplices and interconnected plots -- we have formalized guidance that outlines the appropriate use of the well-established public safety exception to providing Miranda rights. To ensure that law enforcement is aware of the flexibility that the law gives them in these circumstances, the guidance has been distributed to relevant agencies.


Again, it's hard to assess the administration's interpretation of Miranda without seeing the exact wording guidance. There's also the matter of how the policy is applied in future cases, says Stephen Vladeck, a law professor at American University who tracks legal issues in terrorism cases.

Read the full article at:

http://www.salon.com/news/politics/war_room/2011/01/19/obama_holder_doj_miranda/index.html


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somone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-22-11 01:50 PM
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1. The BushCo corporate tradition continues
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