Miranda Rights, which comes from the Miranda v. Alabama (1966) case, and is based on the legal rights expressed in the 5th Amendment of the United States Constitution, are supposed to be read to all American citizens upon arrest, and before interrogation. According to government, it would be constitutionally negligent not to read one his Miranda Rights. In fact, lawyers have used the failure of the reading of Miranda Rights to ensure cases are dismissed.
However, with 19-year old Dzhokhar Tsarnaev, the younger brother from the sibling duo that caused the Boston Marathon Bombing, the reading of his Miranda Rights have been waived. The excuse? Federal law enforcement officials are invoking a public safety exception that permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence. In other words, according to the FBI, "Police officers confronting situations that create a danger to themselves or others may ask questions designed to neutralize the threat without first providing a warning of rights."
Feinstein said on Fox News Sunday that she “believes very strongly” that the Boston bombing suspect should be read his Miranda rights and given a lawyer. He's an American citizen, and that is "the only legal way to proceed."
Yet, the Constitution has become very important to Senator Dianne Feinstein, and her interpretation of it, when it came to whether or not to classify the Chechen brothers as enemy combatants.
Feinstein said on Fox News Sunday that she “believes very strongly” that the Boston bombing suspect should be read his Miranda rights and given a lawyer. He's an American citizen, and that is "the only legal way to proceed."
Authorities have 48 hours until Tsarnaev must be read his rights, unless they decide to charge him as an enemy combatant.
Though I am not a fan of Feinstein, she has a point. Despite being born in Chechnya, and acting upon the violent jihadist madness of the teachings of Islam, last year the young man became an American citizen. So, separating from this the heinous actions of the terrorist, he is still an American citizen and must be afforded his rights, and due process.
We expected such constitutional consideration when it came to American-born Imam Anwar al-Awlaki, of whom the Obama administration hunted down and killed in Yemen with an American drone in 2011.
Sen. Feinstein: Treating Bombing Suspect as an Enemy Combatant Would Be Unconstitutional - Fox News Insider
Anwar al-Awlaki, a U.S. Citizen, in America's Cross Hairs - New York Times
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