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-- ever -- is asking the question during last night's live press conference why wasn't the Boston bombing suspect read his Miranda rights.
-- -- surely doesn't have the right to remain sound or the right to an attorney -- -- did that on purpose why is that.
-- Tom Bowman used to work for the Department of Justice prosecuting terrorists like Timothy McVeigh.
And Terry Nichols so there are exceptions to the Miranda warning.
There are exceptions to Miranda warnings since -- Miranda case in 1966.
The Supreme Court has carved out a number of different exceptions.
Where the police don't need to read the Miranda warnings to suspect he can still.
Introduce any statements at the suspect makes -- evidence do you believe this situation warrants that exception.
I actually do not I think that government is taking a chance by deciding to go ahead and interview.
The suspect that.
Future defendant without reading his Miranda rights that exception that they are citing is the public safety exception -- some in 1984 case where.
The suspect was arrested after putting a loaded guns somewhere and -- Supermarket.
And as the police for driving away they asked him what he did with the gun.
And he told -- where wasn't so the pleas for able to recover a loaded gun but in that case that's that danger to the public was immediate.
And here I think we're talking about potentially.
This guy the younger brother when he's wakes up in the hospital.
The police have.
Didn't satisfied that the immediate danger is gone so.
I think it's a risk.
And when you say you think it's a risk they're taking a chance you mean it because they're not reading him his Miranda rights and might not be -- a prosecutor insufficiently.
-- I just mean that there's a chance that any statements he makes.
After giving -- on Moran -- -- statement.
Might be suppressed I don't necessarily think that that would be a huge bar to a prosecution here they seem to have.
A lot of other evidence.
Against this guy already and I thought it was -- -- provision of the Patriot Act that would allow us to question him because because the public safety is a risk.
And because there could be an affiliation with al-Qaeda.
Now there's nothing in the Patriot Act that really affects that the constitution.
-- that -- wouldn't -- -- I -- the Patriot Act does give the government more investigative powers a number of different ways but.
It doesn't create any additional exceptions.
-- -- memoranda if this.
Kind of an attack had been carried out on on US troops say in in Afghanistan.
It would be he would be considered that the perpetrators would be considered enemy combatants.
The fact that it happened on US soil why does it change that.
It doesn't necessarily changes I -- there is a a legal case he could make four.
For treating this guy as an unlawful combatant and giving -- me a military commissions that is about it and try case in that case there would not be Miranda warnings -- correct.
Now I don't think that is correct necessarily actually that there are.
You know that the Supreme Court has issued a number of opinions about military commissions and military commissions now it contain a lot of the same.
Protections and rights for defendants that that civilian trials and are you say -- in Iraq if you catch a guy planning an IED.
The soldiers are reading them their rights.
No course not so that's not that's I think that -- the point is I mean one cannot what's the difference.
Well the difference is is in any rock obviously.
The priority is not on preserving any statements for for trial the priority is on its ensuring that the that the troop safety.
But I think that that you know that that you can take that -- a little bit -- -- -- here the immediate priority is is not really.
I geared toward making sure that you're -- statements for trial it's it's it's geared toward making sure that you've.
Caught everybody in that the public safety is is protected I just think that once that the smoke settles.
In this case that that the government would be taking a risk if they decide to go forward with an on Iran does interview.
And it's on Goldman thanks for all the information this is -- very interesting case for tickets as we -- the guys did have an arsenal.
Threat of weapons IUDs and but you can certainly argue that we don't know if we've gotten all of them yet proposed.
Actress we don't know who train -- we don't know if there's a bigger sell the I don't know -- -- -- second wave at this time he has not been told that he has the right to remain silent though that's all we know that'll be a big controversy.
In the days and weeks to come by.
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