TAMPA, April 24, 2013 – Civil libertarians seemed to have cause for relief on Monday as reports were released that Boston Marathon bombing suspect Dzhokhar Tsarnaev had been formally charged with the crime, given a Miranda warning and assigned counsel.
Some prominent officials, including U.S. Senator Lindsey Graham, had called for Tsarnaev to be treated as an enemy combatant. The Obama administration indicated that it would prosecute the U.S. citizen in civilian court, but would invoke the public safety exception to the Fifth Amendment in questioning Tsarnaev before reading him his rights.
It appeared that justice had prevailed. Major news outlets reported that a bedside hearing had taken place, presided over by a judge, with counsel for the defense present. A transcript of the hearing is available online or in pdf above.
The bedrock legal principles that make America the “land of the free” had been preserved. Tsarnaev would be presumed innocent until proven guilty. He would have the benefit of counsel to challenge the government’s case against him, examine the evidence and cross examine any witnesses.
He would not be subject to punishment until he had been proven guilty in an adversarial proceeding, rather than merely accused.
There was only one problem. We now know that Tsarnaev had already confessed to the crime.
So, Tsarnaev had the right to remain silent only after there was no longer any reason to remain silent. That defeats the whole purpose of the Fifth Amendment. One of the reasons it was established was the routine use of torture in obtaining confessions in the Middle Ages.
So, how did federal authorities obtain Tsarnaev’s confession? Was he tortured? All we know is he was alone with federal authorities and helpless in his hospital bed.
Read the rest of the article at Communties@ Washington Times…
TAMPA, April 22, 2013 – Predictably, neoconservative politicians have already called for Boston Marathon bombing suspect Dzhokhar Tsarnaev to be treated as an enemy combatant, meaning that he would not enjoy the constitutional protections afforded criminal defendants in civilian courts. Pundits and blog commenters have echoed the sentiment that “terrorists don’t deserve due process” or other constitutional protections. According to this argument, they forfeited them when they decided to wage war against Americans.
TAMPA, April 20, 2013 – 19-year-old Boston Marathon bombing suspect Dzhokar Tsarnaev is in custody. Assuming that Tsarnaev is indeed guilty of these crimes, a very real threat to public safety has been taken off the streets. That’s the good news.
TAMPA, March 10, 2013 – First, the good news. Kentucky Senator Rand Paul squared off in a 13-hour game of chicken with the White House on Wednesday. At stake was the bedrock American principle that no one will be deprived of life, liberty or property without due process of law. Early Thursday morning, the White House
TAMPA, March 8, 2013 – If there was any question whether Senator Rand Paul could move beyond the “gadfly” role his father had played for over thirty years in the U.S. Congress, there is no more.
TAMPA, February 13, 2013 – “Are you to be happy, while I grovel in the intensity of my wretchedness? You can blast my other passions; but revenge remains, – revenge, henceforth dearer than light or food! I may die; but first you, my tyrant and tormentor, shall curse the sun that gazes on your misery. Beware; for I am fearless, and therefore powerful. I will watch with the willingness of a snake, that I may sting with its venom. Man, you shall repent of the injuries you inflict.”
TAMPA, February 11, 2013 – It would be the hilarious stuff of satire or black comedy if it were fiction, but it involves real people and it’s tragic.
TAMPA, February 7, 2013 ― First, the good news. The five-year-old boy kidnapped by a deranged man in Alabama has been rescued unharmed. He is with his family and reportedly “seems to be acting normally.”
TAMPA, November 2, 2012 – It wasn’t so long ago that the following statement could only appear in a dystopian novel or movie script:
Since the beginning of the Republican Presidential Primary race, we have heard that Ron Paul is unelectable. While many conservatives like some of Paul’s ideas on domestic policy, his non-interventionist foreign policy is supposedly a deal-breaker. Even in articles praising Paul on particular issues, reporters have without exception felt compelled to remind us that there is absolutely no chance that Ron Paul will win the Republican nomination for president. This “unelectable” label has been used exclusively against Paul.



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