<p>This is still the USA, and the crime took place in the USA, and he was captured by the FBI and the police, not the military, and the Constitution (the protections of which apply to “people,” not only citizens) still applies, whether or not he’s a citizen. And torture is still illegal here, fortunately. And, no, ttparent, under the 5th Amendment, he doesn’t have to say anything. I don’t know why people are so afraid of letting the law take its course. Mass murderers who’ve killed a whole lot more people than this guy did have been convicted through our criminal justice system.</p>
<p>Can you imagine if all the government had to do to be allowed to torture people and try them in special courts in Gitmo was to say “we believe he’s a terrorist”? I’d like to think that people still have a few more rights than that.</p>
<p>Well, a lot of people think this shouldn’t be the case, and that the Guantanamo detention center should have been closed. But enough Congress people do not want “dangerous terrorists” tried or imprisoned in the US proper that the politics of that blocks such an action.</p>
<p>Even when the Bush administration cleared some detainees held at Guantanamo of any terrorist ties, Congress resisted any hint of allowing them to live in the US (and sending them back to their home country was not an option, as it was likely that their home country would have tortured or abused them for even shakier reasons).</p>
<p>If he is a US citizen on domestic soil he has the same rights as anyone else. That means he has Miranda rights and cannot be interrogated if he exercises his Miranda rights. In some cases there can be an exception to Miranda rights for public safety.</p>
<p>Sheeze…did i really hear a reporter at the press conference ask “Why didn’t you read him his Miranda rights?” Really? Really? (banging my head on desk…)</p>
<p>No. He has 5th Amendment and 6th Amendment rights under the Constitution (right against self-incrimination, right to an attorney). Miranda warnings are required to give people notice of those rights, so they don’t unknowingly waive them. Miranda warnings weren’t required here. But he still has the same 5th and 6th Amendment rights even though he didn’t get the warnings. Two entirely separate things.</p>
<p>Plus, as I said before, he has those rights even if he isn’t a citizen.</p>
<p>I think you have Jose Padilla in mind. You are correct that he is a citizen, and he was arrested for terrorism and sent to Gitmo. But civil rights groups pointed out that this was unconstitutional, so the president finally brought him back. He was tried in federal court, convicted, and he is sitting in a federal jail right now.</p>
<p>Why on earth are people (and I’m not referring to you HImom since you just asked the question) so afraid of US courts and US law? The US system of laws and our generally even-handed enforcement of those laws is probably the crowning glory of our whole country. Anyone who wants to throw all that away is just, not to coin a phrase, a sunshine patriot.</p>
<p>Actually the answer is “Yes”. Even if he is not given his Miranda rights because of public safety but chooses to exercise them because he has watched enough TV shows, he is exercising his 5th and 6th Amendment rights. You are making a distinction without a difference.</p>
<p>By the way, this is off topic, but it’s astounding to me how many suspects hear the Miranda statement, yet chat away with police without an attorney anyway. There are lots of people who somehow think that if you tell someone they have a right to an attorney, that they immediately stop talking. In real life it just doesn’t work that way as often as you would think.</p>
<p>There are Americans at GITMO but they were arrested on foreign soil. They are kept at GITMO to avoid the rights given to US citizens who would be arrested on domestic soil.</p>
<p>There still is live coverage with ABC on the zerohedge.com, but it’s a bit dicey figuring out how to get the feed. President Obama is now speaking. I have great confidence in our judiciary system, as I have participated in it at many levels, as has many of my family members.</p>
<p>W I think his brother was the one who was deeply involved with terrorist groups. I think he let himself get involved due to a lot of big brother worship. I hope that he gives valuable information as to what on earth the motivation for that Boston Marathon bombing. Why would anyone want to do cause such senseless terror and pain? But I really want to know what convinced this young man who seemed so normal,so Americanized, enjoying much of what the young adults on this board are and so desperately want to enjoy to get involved in this travesty. </p>
<p>The older brother seems to me to have been deeply involved. 6 months in Russia, knowledge on how to make and use bombs and explosives. Hopefully, the younger brother has knowledge of what went down. There seem to be others involved with the two if not specifically in the Marathon bombing, in whatever ideology the older one seems to have embraced and shared with his brother. For public safety reasons, there might be good reason to risk losing prosecution advantages and question him without attorney and Miranda. I 'd be more concerned about getting info about any others out there who are interested in such terrorist activities than getting the death penalty for this young man. I don’t think he is going to be walking away from this. Too much tape, too much devastation, too much evidence.</p>
<p>I do hurt at the idea of a 19 year old taking this direction in life, but he is clearly a dangerous person to allow himself to get so involved. I think the president came up with the same questions that I have about this whole situation.</p>
<p>^^^No he can not. He is a US citizen, arrested on US soil, for a crime committed in the US. He is entitled to the full protection of the US constitution. To, in your words “put him under rendition and extradited to a secret prison quite easily” would be a criminal act and any public official who even suggested it should be drummed out of office.</p>
<p>I’m more interested in stopping these attacks in the future. In that vein, I think the FBI is going to have some explaining to do. Why did they investigate the older brother as a radical Islamist and then do nothing further? Was it before or after he became a U. S. citizen? Why didn’t Homeland Security deport him after he committed domestic battery? That is a deportable offense. What did they know about what he did during his 6 months in Russia or wherever he went? He flew to Moscow from the U. S. </p>
<p>I hope these questions and more are going to be asked in the weeks to come. Whether the government with be forthcoming with the answers is another matter.</p>
<p>Incorrect. Confirmed reports and even one confirmed return have existed for quite some time. Rendition for suspected terrorists is actually under the confines of power established to the CIA under emergency doctrine. I suggest you research it.</p>
<p>And don’t even try to lie to me and say the CIA doesn’t operate on our soil, oh it would be so ignorant.</p>
<p>The kid should be interrogated and then imprisoned in maximum security with a life sentence no parole.</p>