04 May 2010 @ 1:16 PM 

Senator McCain, a man I once thought a decent and honorable human being, has become so enmeshed in the GOP machine he decried and rebelled against in previous decades, that he now says the law should be ignored when arresting American citizens for crimes in the USA. Astonishing.

Specifically, McCain says we should not inform suspects of their Constitutional rights if we think they’re guilty of terrorism. He says nothing about other crimes. What proves he’s engaging in simple “dog whistle” politics instead of actually saying anything of substance is that “Mirandizing” a suspect does not imbue them with any rights they didn’t already have. The only thing reading that list of Fifth and Sixth Amendment rights does is immunize the police from having confessional evidence thrown out in court. McCain must know these things, or he’s lost so much of his mental capacity the people of Arizona should remove him from office.

Let me state this very plainly for those who can’t remember their social studies and civics classes. The suspected incompetent NYC bomber, Faisal Shahzad, possesses certain rights from the mere fact of his being a legal resident and naturalized citizen of this country. Not telling him of those rights does not remove the rights. And, if he’s anything like the rest of us, he’s heard a version of the “Miranda Statement” a jillion times, besides being a naturalized citizen means he probably has actually studied the Constitution more than most natural-born citizens. But, and this is an important point, if the police fail to read him his rights and he then says something which could be considered incriminating, a judge may (not must, but may) disallow that statement from testimony. It all comes down to doing things the right way, so as to be more certain that a trial will bring about justice.

Meanwhile, Representative King (R-NY) says we should carefully consider where to place Mr. Shahzad before we indict him. I suppose that means the Congressman wants to leave open the possibility of sending Shahzad to a military detention facility and face a tribunal instead of a trial. Interestingly, those tribunals are incredibly inefficient, convicting only 3 people in nearly a decade – two of those people were later released during the Bush administration. During that same period, over 300 people were tried and convicted of terrorism charges in federal civilian courts. Sure seems to me, if you want to actually lock someone up for terrorism, you should try them in a federal court and lock them up in a federal super-maximum security prison when convicted. Nobody has ever escaped from a supermax prison. Ever.

Senator McCain would like to leave open the possibility that Shahzad will be released due to a piece of legal legerdemain, and Rep. King would like to lock Shahzad up in the most bizarre excuse for a legal system ever. Could the GOP come up with someone else to speak for them, please? It’s embarrassing, really.

Posted By: Gary
Last Edit: 04 May 2010 @ 01:16 PM

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