Now that authorities have captured Dzhokhar Tsarnaev, the 19-year-old believed to be the second suspect in the bombings at the Boston Marathon on Monday, federal law enforcement officials are invoking the public safety exception regarding his Miranda rights, a senior Justice Department official told ABC News.
The exception, according to the FBI‘s website, “permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.”
“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,” according to the FBI.

(Federal Bureau of Investigation)
Anticipating that Tsarnaev may be in a condition to be questioned, expect the activation of the president’s High-Value Detainee Interrogation Group (HIG).
The group, set up in 2009, is made up of agents from the FBI, CIA and the Defense Intelligence Agency. They have been on standby waiting for the moment the suspect was taken in.
According to the FBI, the HIG’s “mission is to gather and apply the nation’s best resources to collect intelligence from key terror suspects in order to prevent terrorist attacks against the United States and its allies.”
READ MORE: Bomb Suspect Captured Alive in Backyard Boat
ABC News’ Jack Cloherty contributed to this report.
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You know the terrorists have won when the US Government starts shredding the Constitution and the suspect’s right to due process.
Posted by: Lance | April 19, 2013, 10:32 pm 10:32 pm
smh… based on the most recent media reporting, he’s a citizen! You can’t just make up an Executive exemption to the Constitution and enforce it! “Allows the government to introduce the statement as direct evidence” my rear end. Fortunately, we won’t need it to get a conviction… this time. PUMA!
Posted by: Clintoncrat for Palin | April 19, 2013, 10:45 pm 10:45 pm
Translation to “HIG’s” mission statement, “It is our mission to make this guy talk by whatever means necessary so we can kill him and his friends.” Which I am all for btw. This guy had no remorse for the rights of the people he murdered and amputated. Fight fire with fire and terror with terror. We are way to far past the point to where America can apologize for bullying our way to the top of the world in hope of our enemies forgiving us. We are here so we fight to stay here…
Posted by: IrishTiger | April 19, 2013, 10:57 pm 10:57 pm
If everyone thought like that, the 27 Amendments would be 27 Shreddings of the Constitution.
Wait. I guess to the slave owners back in the day a few of those Amendments were Shreddings…
Posted by: THX | April 19, 2013, 11:02 pm 11:02 pm
You know the terrorists have won when the US Government starts shredding the Constitution and the suspect’s right to due process.
Posted by: Lance | April 19, 2013, 10:32 pm 10:32 pm
Sounds like you didn’t read the discussion of the Supreme Court ruling regarding the public safety exemption. Oh well . . .
Posted by: Jenny | April 19, 2013, 11:09 pm 11:09 pm
Of course they can. 9/11 changed everything. If there is the prospect of more bombings (i.e. – an active cell) they can do whatever they want.
Posted by: Edward | April 19, 2013, 11:10 pm 11:10 pm
In other words, this guy won’t be given the right to have an attorney present…period. They will do everything short of killing him to get him to talk.
Posted by: Jody | April 19, 2013, 11:10 pm 11:10 pm
I love that this government picks and chooses who has rights and who doesn’t.
Posted by: justiceday | April 19, 2013, 11:13 pm 11:13 pm
Good grief. They have a link in the article to a full article on the public safety exemption. You could at least take the time to learn something.
Posted by: Jenny | April 19, 2013, 11:16 pm 11:16 pm
Some pathetic and laughable bs above. Our little “suspect” (known terrorist) is enjoying the height of leniency in that his head hasn’t already been blown clean off, as it would have been in very many other countries.
Posted by: jj maxx | April 19, 2013, 11:23 pm 11:23 pm
If his is a US Citizen this is wrong and somebody has to step down for not respecting the constitution.
Posted by: Erick | April 19, 2013, 11:23 pm 11:23 pm
I am very vocally concerned about this killer’s “rights”. Why? Because it gives me a cheaper than cheap moral high. I live for that.
Posted by: dunces inc | April 19, 2013, 11:26 pm 11:26 pm
If his is a US Citizen this is wrong and somebody has to step down for not respecting the constitution.
Posted by: Erick | April 19, 2013, 11:23 pm 11:23 pm
There is a link in the article above. Sounds like you didn’t read the discussion of the Supreme Court ruling regarding the public safety exemption. Best to inform yourself.
Posted by: Jenny | April 19, 2013, 11:27 pm 11:27 pm
Why not give the Miranda? This guy could walk by the Supreme Court. This is what the Terrorists want to destroy our civil liberties.
If you do not give this man the Miranda, we will all live under tyranny.
He will most likely lawyer up and be declared guilty. So why jeopardize the rights of the innocent?
Posted by: DZ | April 19, 2013, 11:31 pm 11:31 pm
i can’t believe how many are squawking about this guy not getting his ‘rights’. i think one revokes their rights the moment they even think to do something as heinous as this man and his brother did. it’s no wonder our society is becoming so soft, so entitled and so generally lost…..
Posted by: kaycee | April 19, 2013, 11:32 pm 11:32 pm
a black doctor was killing babies live with scissors and not a peep about that. Weird.
Posted by: mountainclimber39 | April 19, 2013, 11:30 pm 11:30 pm
The doctor is on trial and facing a jury and justice. Isn’t that the way its supposed to work?
Posted by: Dom | April 19, 2013, 11:33 pm 11:33 pm
Jenny, but that doctor was read his rights and is being given a trial.
I am NOT a liberal, but a libertarian and believe in the constitution and pro life.
Miradna this terrorist and protect our rights.
Posted by: DZ | April 19, 2013, 11:33 pm 11:33 pm
also–why aren’t people as concerned about other parts of the constitution being upheld (ie the 2nd amendment) oh wait, cause it’s evil and conservative-minded. i swear, i’m just getting sickened by the inconsistency and fickle mindedness of people anymore…and i’m only 25 :/
Posted by: kaycee | April 19, 2013, 11:34 pm 11:34 pm
take away the guns, take away the guns! oh wait—there’s bombs too….take those away somehow too, even though they’re already illegal!
Posted by: kaycee | April 19, 2013, 11:35 pm 11:35 pm
Ummm, the cops arresting him DID read him his Miranda Rights when they apprehended him. Just sayin’.
And terror suspects? Judging by his condition they found him in, it’s pretty obvious they caught the right man in the first place.
Posted by: Trey | April 19, 2013, 11:36 pm 11:36 pm
Pretty soon we’ll be the Communist country that Obama dreams about! WEEEE!
Posted by: BSgovernment | April 19, 2013, 11:56 pm 11:56 pm
I’m a liberal and I think that once the facts and actions show that a person is a terrorist, they’ve lost all their rights as a US citizen. Take this scumbag down to Guantanamo and torture the hell out of ‘em till he tells all.
Posted by: ABIGAIL | April 20, 2013, 12:12 am 12:12 am
The public safety exemption is BS. You all know and I know it. It does no harm to inform a prisoner of his/her rights and that they may have an attorney if they desire one. This is one of the principles our country was founded on, that everyone is equal before the law. What is the difference between what this boy has done and what the Aurora shooter did? Aurora shooter killed more people (and children), yet he was read his Miranda rights, although it is doubtful he understood them.
This country is in the crapper.
Posted by: Kathy S | April 20, 2013, 12:24 am 12:24 am
According to the link- they are ONLY allowed to ask him about bombs that may still be at large, how to disarm them, and whether they’re active. It’s not a violation of rights, as he can- and will, most likely- invoke his right to an attorney at some point. The Exception is to contain an emergency situation for the safety of the public and law-enforcement. They cannot ask him where he got his supplies, why he did it, or anything else that is not of immediate threat to the public. They can’t even ask him if *HE* was the one who set them, created them, or blew them up. However, those spouting: “he shouldn’t have rights and such”- extremely ignorant and naive. The Supreme Court, the highest court in the land, does not decide whether a Constitutional Law has been broken by whether or not you’re an evil terrorist- they go solely, and only, on the court’s due process. You start setting dangerous precedences of stripping rights away from a citizen, and next thing you know *you’ll* be the one detained without any rights (whether you’re guilty or not). Try to see the larger picture of what you’re spewing- not just the small point at the end of your nose.
Posted by: Chinity | April 20, 2013, 12:30 am 12:30 am
The public safety exemption is BS.
Posted by: Kathy S | April 20, 2013, 12:24 am 12:24 am
Not according to the Supreme Court cica 1981 and later rulings.
Posted by: Gill | April 20, 2013, 12:39 am 12:39 am
LOL what not enough support to divert our attention from our rights as free citizens… we’ll be the new Soviet Union in no time! The new SPY ON EVERYONE bill passed today… irony is often ironic!
Posted by: BSgovernment | April 20, 2013, 1:02 am 1:02 am
Where was everyone crying about how ever many “rights” were stepped by in order to id these two?? The federal government, the state government, and the local government all pulled together to do some amazing, fantastic work to id these guys, to get the information out so they could be found, and they could be captured or killed – - do any of you criticizing this witholding of Miranda rights NOW have any problems with how they went about getting that far? Do you think all the rules were followed “just so” for them to have id’d these losers 48 hours ago and talked to their father in Russia only hours later? YOUR rights aren’t in jeopardy in any of this – these are exceptional circumstances, and the basic Joe-criminal-suspect doesn’t fall into this category and neither do you. And frankly if you decend into finding satisfaction for your lackluster life by blowing people up and killing cops then you’ve obviously decided you don’t need the protection of the law either. According to the statement in the article, this exception allows investgators to have a LIMITED and FOCUSED interrogation that can still be admissable in court – if they go outside of those limits it won’t be admissable. They’re not going to jeopardize their ability to make sure this guy has every opportunity to be found guilty – and, of equal importance, if they can find out whether these guys have like-minded friends who’re just biding their time right now then I’m betting just about everybody would appreciate that, rather than him keeping his silence because it’s his f’ing right.
Posted by: myeyedea | April 20, 2013, 1:03 am 1:03 am
You folks really need to read the information provided in the link to the FBI site before you go nuts here. Most of you clearly have no idea what you’re talking about.
Posted by: Lisa Lynn | April 20, 2013, 1:04 am 1:04 am
All he has to do is invoke Miranda, no matter what. The cops can try to question him, but he still has the right to clam up… it’s for him to have the strength to do so…
Posted by: John | April 20, 2013, 2:23 am 2:23 am
And if he does invoke, they can’t ask him anything else, no matter how baa-a-a-d their interrogation team is. “I want a lawyer. I do not wish to answer questions.” That’s all he has to say. If they keep asking, use force, beat him, or whatever… they might just do it, but it will make all questioning illegal thereafter. They cannot physically harm him to get info. And they can’t draw an inference from his refusing to answer…
Again, all this subject to enemy combatant rules… lol…
Posted by: John | April 20, 2013, 2:29 am 2:29 am
What NO Miranda rights! Maybe Obama will order Water Boarding next!
Posted by: BK RIDER II | April 20, 2013, 2:53 am 2:53 am
If he’s been in the country 2 months and turned on the TV twice, he knows the Miranda, word for word.
Posted by: oonogil | April 20, 2013, 3:31 am 3:31 am
You guys are idiots. Screw his rights. He committed treason and terrorist act….
Posted by: whitepplareidiots | April 20, 2013, 4:22 am 4:22 am
WE CHOOSE WHAT WE SEE
TODAY WE AMERICANS are BOSTON PROUD !!
Many here, although are on the outside looking in.
Posted by: Rand | April 20, 2013, 4:36 am 4:36 am
I want to see the evidence that he did it! I want to see his fingerprints on the bag, a photo of him placing the bag. All I saw was photos of him, his face circled, but no evidence, none. All these Boston Bomb squad performing bomb drills on the same day, all the FBI, Defense Department, agents ready and waiting to interrogate, staniding by???
Where does a 19 year old medical student and an older kid brother who has a young daughter get the technical know how how to build bombs? How to create detonators?
This whole thing smells like a set up orchestrated by someone also….but who?
Was it Al Quida the usual enemy to be blamed OR was it a False Flag operation ….that is routinely performed by our Secret Services in order to scare the public opinion into more, funds for their agencies. Since raising taxes is not popular, and they think they are doing good by staying in power…the idea that this could have been a set up orchestrated by us is..worth investigating.
But how will the chickens investigate the FOX who killed a chicken and claimed that others did it?
Posted by: joe | April 20, 2013, 4:42 am 4:42 am
Why are YOU so damned concerned about HIS rights???
What about the rights of the people he killed, or severely injured??
Posted by: Quan Lee | April 20, 2013, 4:46 am 4:46 am
I never really liked having rights anyways. It isn’t like we live in a country of “innocent until proven guilty” or anything. I agree the people that did this need to be punished, but unless you followed this kid around, you do not know for a fact he did it and it will not be considered fact until he is tried and convicted or pleas. Also, wouldn’t most people detained or arrested cause concern for public safety? I believe we try not to arrest people that don’t cause concern to the public, so really I question this clause existing.
Posted by: Heather | April 20, 2013, 4:47 am 4:47 am
Now I don’t like Obama one bit and I love the Constitution and I have no doubt this man is a terrorist of Islam. I do not believe in gun control and did everything I could to support the downfall of the new Senate bill trying to inact it. Must as a American Constitutionist I must defend this piece of Muslim trash in his right to have a full Miranda followed to the letter. Once again the Obama Admin. is stepping all over the Constitution and the rights that set us apart from the Fascist World. Miranda follow through cannot hurt the case but if not used can damage it and opens the door for the terrorist to say we do not practice what we preach and dictate to them as a flaw in there mode of govt. I must demand as a citizen that this terrorist be given full Miranda and that this admin. support and defend the Constitution to the letter as they swore to do in their oath of office!
Posted by: Quirt Brady | April 20, 2013, 4:47 am 4:47 am
Uh oh. Jesse and Al will be rioting in da streeets!!!! Another one of Bama’s sons in trouble again.
Posted by: carpet munching is gross | April 20, 2013, 4:50 am 4:50 am
IN THE U.S. WE HAVE RIGHTS, HE SHOULD BE READ HIS RIGHTS AND THE CONSTITUTION FOLLOWED- ALWAYS! YES, HE IS CLEARLY GUILTY, BUT THIS WILL COME OUT DURING A TRIAL AND HE WILL BE GIVEN HIS PUNISHMENT. ALL AMERICANS SHOULD BE DEEPLY CONCERNED WHEN THE BILL OF RIGHTS IS BY-PASSED. OVERSEAS IN THE FIGHT AGAINST TERROR – DIFFERENT STORY. WE SHOULD CONTINUE RENDITIONS, ENHANCED INTERROGATIONS AND TARGETED KILLINGS – ITS THE ONLY OPTION.
Posted by: Ret._Army_Special_Forces | April 20, 2013, 5:03 am 5:03 am
Can you say “waterboarding”? I thought you could…
Posted by: Mart Mang | April 20, 2013, 5:07 am 5:07 am
The unifying element for all of these terrorists is Islam. We always be aware of this. The only way to protect ourselves is to deport Muslims.
Posted by: Philip Smeeton | April 20, 2013, 5:09 am 5:09 am
Who cares about his rights and what people are saying here. If he doesn’t want to talk or a judge insists on setting him free. so be it. Just inform the public where and when he will be released. My guess he won’t even make it out of jail
Posted by: steve | April 20, 2013, 5:12 am 5:12 am
He needs to have someone from his consulate with him.
Posted by: Marian | April 20, 2013, 5:15 am 5:15 am
You commit terrorist acts agains the USA, killing innocent women and children in the name of your religous zealousy, guess what, you are not a citizen, not only by your own accord, but by basic common sense. This guy has no rights. Put him in the chair, I’ll pull the switch.
Posted by: Realist | April 20, 2013, 5:35 am 5:35 am
seems to me they made alot of “exceptions” for not just these “suspects” (patsies) theve made alot of “exceptions” for all of their unlawful and unconstitutional actions.
Posted by: Dick Justice | April 20, 2013, 5:43 am 5:43 am
The FBI is NOT working outside the constitution. They are actually following it to a T. They are using it wisely and legally. Read the New York v. Quarles case….
Posted by: Alex | April 20, 2013, 5:48 am 5:48 am
the hell with a suspected terrorist’s rights. where is Jack Baur when we need him? the rights are there for ordinary crimes and citizen’s, not these crimes. the one benefit of the Homeland Security Act.
Posted by: j greenlee | April 20, 2013, 5:49 am 5:49 am
The police have never had to read a suspect their rights… if they do not, then anything the suspect says would be inadmissible in court, but if they police feel like they have enough evidence they do not need a confession….
Don’t believe Hollywood, it has always been that way… this is really a non-story who’s only purpose is to upset people.
Posted by: Rick | April 20, 2013, 5:50 am 5:50 am
I’m not worried about his rights, but i am worried about your rights if we don’t give him his.
Posted by: d green | April 20, 2013, 5:55 am 5:55 am
If I were the kid…I’d be worried about the CIA and DIA…mainly the CIA
Posted by: shocktroop | April 20, 2013, 5:56 am 5:56 am
This S.O.B. has no rights and I am glad the FBI, CIA and DIA have taken these steps. I hope they find out what they need to know, and then convict him to death!
Posted by: Curti | April 20, 2013, 6:09 am 6:09 am
They don’t have to give Maranda rights but the military facing terrorists in combat do? I’ll bet the American Communist Lovers Union will be on this like white on rice.
Posted by: rangerrebew | April 20, 2013, 6:18 am 6:18 am
Does anyone agree with this: If he is a U.S. citizen, and he performed terroristict acts of violence against this country, then shouldn’t this be considered treason? And treason is punishable by execution.
Posted by: Brian | April 20, 2013, 6:20 am 6:20 am
He is a terrorist for God’s sake….u want to give his rights?….what if during the miranda…he already switched the bomb…who are these stupid people who want to give rights to a terrorist …..i hope u will feel the pain of those parents who lost their children with these terrorists…then let’s see if u will stll give miranda rights to these creatures worst than animals…
Posted by: maria | April 20, 2013, 6:22 am 6:22 am
Dam the rights,did he not have a shootout with the cops.
?What was he hiding from?How did his picture and brother,uncle and dad all come about?So soft America lock him up for 20 years,dont forget the TV and basketball rims.Lets spend another zillion after this manhunt,let a Harvard graduate become the new F Lee Bailey.Also a bunch of you sorry ass journalist who coined the word accused can sell a book and Hollywood Id bet is already rolling.While you are working overtime to spend and collect how about the deceased and injured.What do they get?Keep telling me how great America is its we are way behind in penalities for travesty’s such as.this. Wake up build a scaffold and let ESPN sell their ads at prime time.
Posted by: Gene Usry | April 20, 2013, 6:22 am 6:22 am
Listen to yourselves … this is unbelievable. This is not what our country stands for, the Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Supreme Court of the United States interprets the Clauses however more broadly because these clauses provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights. If this young man is a citizen then our government is BREAKING the law.
Posted by: RottingSavior | April 20, 2013, 6:49 am 6:49 am
Expect the ACLU to step in. Not that I’m opposed. I just wish they gave half a crap about the second amendment too.
Posted by: Brian | April 20, 2013, 6:54 am 6:54 am
The Boston bombing proves that President Obama is keeping us safe from terrorism. Anyone who disagrees is a racist. It’s really that simple.
Posted by: Jemny | April 20, 2013, 7:15 am 7:15 am
“Mr. Tsarnaev, you’ve just been arrested for bombing the Boston Marathon. What’s next for you?”
“I’m going to Gitmo World!”
Posted by: Richard Gibbard | April 20, 2013, 7:16 am 7:16 am
This man will have his due process, but you bleeding hearts out there have short memories, in fact, I would say….non-existent. You conveniently forget the facts when you feel that some poor slob who has perpetuated heinous crimes on society has been shortchanged. The film of these terrorists with backpacks, film of them fleeing the scene without backpacks, robbing a convenience store, hijacking an SUV, KILLING another campus police officer while he was SITTING in his car, shootout with police, and running form the cops rather than giving up……..If you bleeding hearts that don’t think that this terrorist got his rights – then contact your Congressional representative and complain. Oh, and by the way…..did we read Bin Laden his rights? What about the rights of those either killed in this tragedy? What about the rights of the families who lost loved ones or had others maimed? Get heads out of the sand!
Posted by: George | April 20, 2013, 7:21 am 7:21 am
Ms. Maret Tsarnaev, aunt of the targeted boys, is so right and so brave as to not go along with the lies of the local police and the FBI. The bombs were stage to further undermined the rights given by God to the citizens of the United States which have been eroded greatly by the staged destruction of the Twin Towers and building 7 in New York city. CIA, FBI, and the corrupted local police along with the prostitute corporate mass media, and lets not forget the biggest prostitute of them all the politicians are all involved and staging assassination of citizens to write illegals laws, against the US Constitution to make us all slaves. ALL STAGED!!!
Posted by: Ruben Espinal | April 20, 2013, 7:30 am 7:30 am
I’m still stunned that we made this guy a US citizen.
Posted by: Noz | April 20, 2013, 7:33 am 7:33 am
95% of the people in these comments have no idea what they are talking about.
HE IS STILL BEING GIVEN HIS CONSTITUTIONAL RIGHTS. If there is an imminent threat to public safety, New York v. Quarles established that the suspect does not need to be Mirandized for questions specifically regarding that threat, while the threat is still active. When he’s eventually interrogated about his role in the bombings, he will certainly be read his Miranda rights. This is exactly how the law is meant to work people.
Posted by: Danny | April 20, 2013, 7:51 am 7:51 am
You know… Once the suspect was in handcuffs and being taken away… They couldn’t read him his Miranda rights? Sounds like he should be a free man right now, because with him being a citizen his constitutional rights were violated.
But, then again Obama did assassinate an American overseas with the use of a drone as well… Without due process.
This sets a dangerous precedent, because couldn’t this “exception” be used for ANY dangerous criminal?
Posted by: chuckj1 | April 20, 2013, 7:53 am 7:53 am
The reason you have Miranda rights, due process, and so forth are to do what they claim is being done by tossing them aside and why is everything liberal and conservative, why not just common sense? If they can toss em aside for this terrorist what is stopping them from labeling anyone a terrorist and giving them the shaft? Indeed, there is absolutely nothing stopping them and while his actions are horrendous as all acts of terrorism are it’s insane and utterly stupid to make comparisons to other countries or to say that victims weren’t given rights so he shouldn’t be. Yes, the victims were not given rights so should we emulate terrorist and murderous behavior now, would we feel better if we are clouded with blood lust, fear, and vengeance rather than the proper application of the constitution? Expect the rights of the American citizen which stood as tall as an oak tree, to be whittled down due to fear and vengeance coming from the citizen himself, to the size of a pencil very soon that is assuming we are not already at that point judging from the comments.
Posted by: Michael | April 20, 2013, 7:58 am 7:58 am
Water torture to get a confession????
Posted by: Jeff | April 20, 2013, 8:08 am 8:08 am
If you heard and listen to what Osama Obama said after they caught him, he gave the authorities permission to “do whatever it takes” to get information from him. Even Stevie Wonder could see that means permission to torture him. Despite what this kid did, he is a citizen as well and deserves due process. I am ashamed to be an American citizen.
Posted by: Matt | April 20, 2013, 8:10 am 8:10 am
One thing that is being forgotten by so many is that the Miranda rights are NOT in the Constitution, but were decided by the Supreme Court. In the case, it was decided that the government had to ensure that the person who was arrested knew their rights. In the Constitution, it says that a person has the right to an attorney, it doesn’t say the government has to remind you of what your rights are. That is the purpose of the Miranda warning…to remind you of what you SHOULD already know if you are a citizen.
Posted by: Mike in KC | April 20, 2013, 8:11 am 8:11 am
Why in the name of common sense would you not mirandize the suspect? It would take all of what 3 minutes? Are they trying to give him a reason to appeal when he is convicted? What the hell is going on here? I am sick of this administrations complete disregard for our constitution. I thought the President was sworn to uphold the constitution? Did he take an oath to do this? If he did he needs to be charged with derilection of duty and impeached! I am sick of president Obama and his cronies trampling on the constitution with impunity. Who is going to stop this man from becoming our first dictator?
Posted by: Chris Petty | April 20, 2013, 8:19 am 8:19 am
hey fed’s please read him his rights.we dont wont him gettin out becouse his rights were not given to him. but don’t waist alot of time or tax dollars on trying him; there are plenty of trees that will hold him from a rope..hang him and hang him high too.
Posted by: charles presley | April 20, 2013, 8:22 am 8:22 am
There are no exemptions to your rights! Everyone should be more scared of this government than him. The U.S. has been a terrorist state since it was created and every year seems to be getting worse.
Posted by: Tom | April 20, 2013, 8:25 am 8:25 am
The Justice Department is unbelievable. They want to try combatants caught overseas in civilian court in NYC and they want to investigate a terrorist act on American soil with military tribunal procedures. Holder, among others, is completely and totally incompetent.
Posted by: KB | April 20, 2013, 8:31 am 8:31 am
I think its awful that people are throwing a fit about a terrorist that didnt get rights read to him. He didnt take the time to tell the people he was intending to kill and mame that he was going to plant a bomb and destroy their lives & their families lives. BUT!! God forbid we make sure HIS rights are protected!!! What about the rights of all those people affected by these lunatics?! Him & his psycho brother did what they felt they needed to do, now let the HIG do what they need to do. Those men got themselves in this by their own actions. I hope they throw him in a hole & leave his butt there for the wild animals to take care of him. B/c thats what he is…an animal!
Posted by: Jessica | April 20, 2013, 8:31 am 8:31 am
Goodness. Such bloodthirsty people out there. We still are a better, more civilized country for having rights, and yes, exceptions when necessary. Stop this reactionary rhetoric and remember that we are the United States. We are better than those oppressive countries that afford NO rights to their citizens, no due process. An eye for an eye – or worse. Move to Afghanistan if this is what you want. Remember who we are, and be grateful for it. Think before you speak, or write. And grow up, for heaven’s sake.
Posted by: Karen | April 20, 2013, 8:37 am 8:37 am
& to all of you setting in your comfortable homes, on your pricey computers, drinking your beverage of choice, reading the news, and going to work this week at a job YOU choose, why dont you go live in Russia for a while & THEN talk about what a communist & terroristic country is! Then maybe you’ll appreciate this country a little more! Its people like you that make me sick! If the government thought there was going to be a problem w/not reading this man his Miranda rights, you dont think their intelligent enough to realize that?! I mean the American public DID vote these people into office, so what is that saying about the voters? Sheesh….
Posted by: Jessica | April 20, 2013, 8:37 am 8:37 am
If they can’t convict him or anyone else after reading him his rights, then he deserves to go free! This sounds like something that would happen in Russia, China or the Middle East. The terrorists have already won when we abandon our principles in the name of “justice”! Just as the won for a day when the entire Boston area was shut down with no real need! Talk about over reacting!
Posted by: Tom | April 20, 2013, 8:43 am 8:43 am
let him rot in hell. rights my ass tell that to all the ones who died and lost their limbs.
Posted by: Dennis | April 20, 2013, 8:56 am 8:56 am
Get the information first. Tear his life apart, find out EVERYTHING he did, all of his acquaintances, his Facebook or web site interests. Then put him to death.
Posted by: George | April 20, 2013, 8:59 am 8:59 am
He has no rights…he is a terrorist. We need to find out who elses is out there just waiting to kill us.
Posted by: Freedom | April 20, 2013, 9:01 am 9:01 am
Perfect example of exaggerating the exception. What threat now exists given that he is injured and bed ridden? Of course, in our police state there are probably 35 gerps watching him. In this situation there is no justifiable exception. He is a citizen and he must be read his Miranda rights. Of course, no one wnats him to go free, but I foresee a significant problem now for the Naz, err, feds, if they fail to do so. Any moron can see that.
Posted by: Goofy | April 20, 2013, 9:02 am 9:02 am
A Right that that can be removed at the whim of government is No Right at all! “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”- Benjamin Franklin 1755
Posted by: bobby | April 20, 2013, 9:02 am 9:02 am
Miranda rights are well and fine, however, I do not believe that it is absolute that it must be read to a suspect. All persons living in or visiting America who are suspect of a violation or crime should not be let off by not receiving these rights verbally. Like driving on our roadways, drivers give ‘applied consent’ to the laws of the road and cannot claim that they do not know the rules of driving. Criminals should be said to give ‘applied consent’ to search, arrest, etc. and Miranda Rights are unnecessary.
Posted by: Carol Muscarello | April 20, 2013, 9:06 am 9:06 am
Anyone ever hear of innocent until proved guilty. Yes my heart goes out to the victims and their families. But everything that’s been going on puts up a red flag everywhere. I honestly think this is a cover up for the government. People go back and watch and read everything this past week. You guys are so quick to judge and point out the worst in people, bomb drills in boston same date as marathon … hmmmm navy seals at marathon walking around a saudi man in question earlier in week then released. To many things dont add up … I can go on and on .
Posted by: staci | April 20, 2013, 9:10 am 9:10 am
Too funny. Now liberals can see that their own messiah is approving the same things they screamed and wanted to murder President Bush for…… However, in this case, because it’s during President Ogama’s term – the furor will die down after a day or two and not go on for years and centuries.
Posted by: mountainclimber39 | April 20, 2013, 9:19 am 9:19 am
Seeing he wasn’t read his rights I think once they get whatever and all information from him they need he should be released into my custody. I will make sure he is “taken care of”.
Posted by: Derek Ande | April 20, 2013, 9:20 am 9:20 am
I don’t trust the govt interrogators to tell the truth or follow the law. I do, however, trust a jury made up of Americans to do the right thing when shown the evidence of a crime. Read him his rights you treasonous s.o.b.’s.
Posted by: James | April 20, 2013, 9:27 am 9:27 am
The government was never given the power to take away the Rights of We the People. They are there to uphold, support and defend the Constitution against all enemies both foreign and domestic. The gov’t must follow the law not the opinions of men or lawyers. Article 5, Bill of rights:”..To have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.. If he is asked a question he must have Assistance of Counsel before he answers in his defense. The sup. Ct. cannot make or change a law. That power was given to the Legislative Branch and they cannot change a Right retained by the People. Remember, “Congress shall make NO LAW respecting the rights of the People.”
Posted by: Mike LVNV | April 20, 2013, 9:32 am 9:32 am
Assuming the public safety exception applies in this case, it doesn’t mean that this suspect cannot “lawyer up”. All it means is that he doesn’t have to be told his “Miranda rights” before being interrogated.
So, if Tsarnaev refuses to answer on the basis of the Fifth Amendment, or until he has had an opportunity to speak to an attorney, the police will still have to honor that.
Posted by: Terry Thorgaard | April 20, 2013, 9:42 am 9:42 am
“rights”, “rights”, “rights”. I’m sick to death of hearing about rights! What about the right of the public to know whether there are other bombs out there? What if he’s part of a cell, or a larger terrorist organization (not necessarily Al-Qaeda; there are 53 organizations designated by the State Dept. alone, think broadly)? “The Constitution is not a suicide pact” -Justice Robert Jackson, U.S. Supreme Court. I hope he will be tried in open court by the U.S. Attorney’s office. He could have been shot on sight, he could be shipped to Egypt or Syria or Saudi Arabia and “encouragement” applied. He probably won’t be. People who shriek hysterically about rights for one individual forget that we are a nation and there are times when the needs of the many outweigh the needs of the one. THIS is one of those times. Start living in the real world people, not a theoretical one of “rights” and “liberties”.
Posted by: Seth | April 20, 2013, 9:50 am 9:50 am
You guys are idiots. Screw his rights. He committed treason and terrorist act….
POSTED BY: WHITEPPLAREIDIOTS******No, what happened to innocent until
proven guilty. You had that class in 5th grade, or did you flunk that grade, idiot.
Posted by: michael | April 20, 2013, 9:52 am 9:52 am
So the Government ( OBAMA) has put a Loophole, in place, so that authorities can shred the constitution legally????? This Tyranical 1/2 bred Communist must be removed as our rights are being dissolved on a daily basis. Nothing about America, our laws, our constitution is sacred with this Socialistic ScumBag. Time for AMERICA to clean out the Former White House and rplace the entire Administration with Patriots, that want Ameria to be the once great country it was
Posted by: Marine1967 | April 20, 2013, 9:52 am 9:52 am
This country should continue to believe in innocent before being proven guilty. And if that man is an innocent man, he deserves his Miranda rights. All that we’ve seen is photos and a couple short videos of a guy who sort of looks like him with a backpack and then without a backpack. While that may be used as evidence, it should still not be enough to revoke someone of all of their rights in this country.
No wonder the guy ran away. Guilty, he may possibly be, but even if he were innocent, if I knew that the government were hunting me and didn’t intend to give me any rights, I might be afraid of the government catching me, too. What the heck kind of country do we live in, where we accept some innocent-before-proven-guilty people as having fewer rights than others?
And regardless of being read Miranda rights, he is still entitled to them. Give the guy a lawyer and take this to court. The truth will come out eventually.
Posted by: Laura | April 20, 2013, 9:55 am 9:55 am
This is nonsense. Either read him his rights or don’t use his statements in court. I like my constitution even when it’s not convenient.
Posted by: Thinkmn | April 20, 2013, 10:00 am 10:00 am
Unfortunately, we have a liberal apologist as our leader. It is very likely that the bomber will be released in due time because of some legal technicalities. Also, since the President used the Newtown massacre to promote his gun agenda, it would be important to see if he uses the Boston tragedy to speak against radicalization of Islam. If he does not, one can conclude his true allegiance.
Posted by: Mason | April 20, 2013, 10:02 am 10:02 am
He belongs in Guantanamo……….and no where else.
Posted by: Rick McDaniel | April 20, 2013, 10:04 am 10:04 am
This kid is a legal American citizen. By being an American citizen he is allowed every single right the rest of us legal citizens are allowed. Even though they are making this a public safety exception they should still read him his Miranda rights. Even if it is just to cover their ass. And here is my thoughts on why. They have not determined that this was an actual terrorist plot. Any attack on U.S. soil is considered a terrorist act (as confirmed by my cousin in the FBI). But there is a difference between a terrorist plot and a terrorist act. Also, do they have any idea how many different groups are going to be crying over this kid’s civil rights being taken away? Those groups have the power to get ANY conviction overturned. By disregarding his civil rights the government is making our country no better than the ones we’ve attacked for treating humans so inhumanely. If they have the evidence that proves he and his brother are the actual bombers, then I support the death penalty completely. The alleged bombers telling the carjack victim that they were the bombers is currently hearsay. He is not talking to authorities.He supposedly told the man inside the gas station.
Posted by: Amy | April 20, 2013, 10:06 am 10:06 am
The treasonous have NO RIGHTS!!!…..just the families of the three dead and more then 170 injured. :)
Posted by: Jay Leonard | April 20, 2013, 10:12 am 10:12 am
Isn’t it amazing that Liberals and “Libertarians” are concerned about a terrorist’s “rights” until it is their own loved one who is murdered or dismembered? The Founding Fathers could never have imagined such things, so stop using the Constitution as a hiding place for murderers, terrorists, and other criminals!
Posted by: Jill | April 20, 2013, 10:12 am 10:12 am
For everyone bitching about an American citizen’s rights I have a few thoughts.
1) What happened to the 3 people who died’s rights? How about the other 170-180 people who were maimed? Where did their rights go?
2) Let’s instead focus on responsibility. He HAD the responsibility to NOT kill 3 people and injure over 170 more. We have the responsibility as Americans to NOT let it happen again.
Personally, screw his rights.
Posted by: Christy | April 20, 2013, 10:15 am 10:15 am
He was brought up for the past years and educated somewhat in this country. Even if not read can it be invoked?
Posted by: Ralph | April 20, 2013, 10:17 am 10:17 am
Too funny. Now liberals can see that their own messiah is approving the same things they screamed and wanted to murder President Bush for…… However, in this case, because it’s during President Ogama’s term – the furor will die down after a day or two and not go on for years and centuries.
POSTED BY: MOUNTAINCLIMBER39 | APRIL 20, 2013, 9:19 AM 9:19 AM
Change!
Posted by: Libs Are Hypocrites | April 20, 2013, 10:24 am 10:24 am
Isn’t it amazing that Liberals and “Libertarians” are concerned about a terrorist’s “rights” until it is their own loved one who is murdered or dismembered? The Founding Fathers could never have imagined such things, so stop using the Constitution as a hiding place for murderers, terrorists, and other criminals!
POSTED BY: JILL | APRIL 20, 2013, 10:12 AM 10:12 AM
A lot of previously anti-gun liberals in Boston and Watertown will be buying firearms next week. Bet on it.
Posted by: Libs Are Hypocrites | April 20, 2013, 10:28 am 10:28 am
Language can fail to describe reality. The suspect must, in fact, be aware of his Miranda rights. The question is wheather he is being denied access to a lawyer. It seems that persons other than law enforcement need to have access to him. This is a case where the ACLU should be involved. It would aloso seem that there is sufficient evidence to convict him without any statements from him.
Posted by: Roy Dubourg | April 20, 2013, 10:30 am 10:30 am
Yep!
Guns sales are definitely driven by fear
The more afraid you are the more guns you should buy
Posted by: noz | April 20, 2013, 10:31 am 10:31 am
Yep!
Guns sales are definitely driven by fear
The more afraid you are the more guns you should buy
Posted by: noz | April 20, 2013, 10:31 am 10:31 am
It takes courage to buy lots and lots of guns.
Posted by: Libs Are Hypocrites | April 20, 2013, 10:33 am 10:33 am
Sometimes in situations like this, there are sometimes very few exceptions to the “Right to remained silent” (or The Miranda) rule.
Posted by: The Nerd | April 20, 2013, 10:35 am 10:35 am
Here’s why this is no big deal. There is so much evidence that his statements aren’t needed to convict him.
Posted by: Peter | April 20, 2013, 10:35 am 10:35 am
I sometimes wonder how people have the smarts to even go online. The public safety exception has been the law of the land since the Reagan administration, when the Supreme Court ruled it legal.
“The “public safety” exception to Miranda is a powerful tool with a modern application for law enforcement. When police officers are confronted by a concern for public safety, Miranda warnings need not be provided prior to asking questions directed at neutralizing an imminent threat, and voluntary statements made in response to such narrowly tailored questions can be admitted at trial. Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.” (FBI website)
I think it’s hilarious that some people are trying to use this situation to take a craven swipe at Obama and Liberals. Clearly these losers have nothing better to do than sit around and whine, whine, whine, about everything Obama. Regardless of the facts. Or the situation. Or history. Or the law. Or common sense. Or common decency….
Posted by: Phoenix Risen | April 20, 2013, 10:38 am 10:38 am
Sure, just throw out the rights of all of those that are suspected of bombings! Insane! These are the suspects that are most in need of their CONSTITUTIONAL RIGHTS! We have a constitution to protect Americans and this boy is an American citizen. This kind of crap is the first step on a slippery slope.
Posted by: Lanorexic | April 20, 2013, 10:43 am 10:43 am
These so-called nice,well mannered,and liked,boys blended into their community for ONE REASON! The exact reason for which they were able to quietly infiltrate the crowd at the marathon. They looked normal and blended in with all other similar aged attendees!
But the Muslims-and they are Muslim radicals-were brainwashed and trained (older brother to younger) to do exactly that! Look and be normal and unsuspecting of anything out of the ordinary,and you will (someday) be able to carry out (and they did) a mission for Allah, and kill the infidels and receive your eternal reward!
Posted by: retiredcoach | April 20, 2013, 10:51 am 10:51 am
This person and his brother came to our country and lived here and were educated here and then comitt murder and serious injury to over 100 people and you all are yelling about his rights??? Bet none of you would be saying this had it been you or one of your family members killed or injured. I am a proud American and served this nation for 28+ years and you think I give a crap about his rights after doing this?? Grow up and instead of complaining, do something productive to better this nation instead of always trying to blame another for what happens!
Posted by: Harold Bishop | April 20, 2013, 10:57 am 10:57 am
I have one question. In this H.I.G., are they comprised of the people responsible for assuring that Iraq had WMD’s?
Posted by: The Scourge | April 20, 2013, 11:00 am 11:00 am
I think a lot of People that are commenting on this article,are mad and rightfully so, but think of what really is happening. Since the time of Our Country’s Beginnings, All Military, Police, And Government Officials, Including President,Congress,and Supreme Court Justices Take an Oath and swear to Protect and Defend the Constitution from all Enemies foreign and domestic . An enemy is someone that is doing just the opposite By attacking or denying the rights of the Constitution to U.S. Citizens by allowing anyone to change or not allow or making exceptions to Our Constitution is Breaking that Sworn Oath. and by us being The Guardians of this and still allow it to continue we are Telling the people the have fought and died for Keeping this oath. That they have Died in Vain. “Don’t Throw Your Pearls to Swine ” Semper Fidelis
Posted by: Daniel Johnston | April 20, 2013, 11:02 am 11:02 am
If most of the US Gov doesn’t believe in the rights of it’s citizens anymore then Why Should We Care about the rules they say we must follow? By this level of abuse and control they are only creating more terrorists and contributing the downfall of the America Civilization. Do what we say not what we do right? But anyway, what am I saying, not like I have a right to freedom of speech anymore…
“War is peace.
Freedom is slavery.
Ignorance is strength.”
Posted by: George Orwell | April 20, 2013, 11:02 am 11:02 am
this is something i would have expected from dick cheney not a patriotic america.
while we are glad this over you do realize this is the end of privacy in america
Posted by: ariveria | April 20, 2013, 11:10 am 11:10 am
LOL…all you clueless people who shoot your mouths off without knowing the ‘facts’. Do your ‘homework’ on the ‘public safety exception’ rule and how it actually works…then come back and try to discuss this topic in an intelliegent manner. LOL…there is so much ‘proof’ out here every day of how and why the GOP is so ‘semi-successful’. It is because of a very stupid base. Which,,,BTW is destroying their Party.
Posted by: CND FOX | April 20, 2013, 11:21 am 11:21 am
The police stumbled into this capture. They aren’t anything special. As a matter of fact, if not for the man that noticed his boat was occupied by a bloodied man, the police would have continued to consider Watertown safe.
Posted by: Lanorexic | April 20, 2013, 11:28 am 11:28 am
I am a proud born and raised Bostonian and all I can say is that having rights is something law-abiding citizens should enjoy….you choose to give up these “rights” the second you choose to become a terrorist. Our country granted those men asylum from their homeland….how do they repay us? They decide to kill and cause harm to hundreds of people..people who didn’t provoke any such attack. The chose to take a proud day in Boston, Patriot’s day, and turn it into a day of pain and hurt. Shame on them. This “boy” doesn’t deserve to have “rights,” he took away the rights of others..who had the right to live in peace.
Posted by: stephanie | April 20, 2013, 11:31 am 11:31 am
This is the same ABC that had that heart tugging article yesterday on how much stress the Boston bombings were putting on the American Muslim community … apparently a more compelling concern to ABC than the stress on the family of the dead 8 year old, the families of the other three people dead so far, the families of those still fighting for their lives, and the families of those people who went to the marathon with two legs and came home with one or none.
It is so heartening to know we have a major network that cares so much about the poor victims, in this case the American Muslim community. And about making sure criminals have all their rights protected, so they are not impeded in killing children. Thank you, ABC, for being our conscience.
Posted by: al | April 20, 2013, 11:36 am 11:36 am
The ACLU is going to have a field day with this. No Miranda rights? This will soon be viewed as the persecution of a legal immigrant and he will go scot-free. I predict he’ll be “wrongfully” jailed for three years before Obama gives him amnesty upon leaving Presidential Office. The families of the “innocent victims” will end up apologizing to Tsarnaev because they will realize their loved ones were actually more like “collateral damage” in a war – the war being immigration. Tsarnaev, as the true victim, will become a modern folk hero and be granted his own reality show, called “Refreshing the Tree of Liberty.” People will ask, “what?” and historians who followed Thomas Jefferson will reply in the words of the patriot, “The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants.”
Posted by: Dave | April 20, 2013, 11:36 am 11:36 am
The very best way for Boston citizens to protect themselves and their families when terrorists are running through their neighborhoods armed with automatic weapons, grenades, and IEDs is to pass onerous gun control laws to make it very difficult to buy semi-automatic weapons. Any sensible Democrat will tell you plastic cutlery is protection enough. It should be obvious to everyone that I’m a charter member of Mensa International.
Posted by: fox free | April 20, 2013, 11:41 am 11:41 am
The reason rights are suspended for Terrorists is because of the lack of protocall on the part of the Terrorists. When the declaration of war was announced by Japan an hour after they attacked Peral Harbor, they were considered terrorists. Japan was a Country at least, Terrorists today are more like mercinaries that deploy weapons of mass distruction and target non combatants. Usually these disfunctional individuals are guilty of hate crimes because of intolerance to differences, they are bullys that hurt people for fun or profit. Once someone commits such a crime, they have no rights and are as good as dead. They were suspects until the point they fired at the police and tosed IDE at them. Suspect is now a fugitive avading authorities and confessed his guilt via his actions. I think the autorities are fortunate this teenager has survived, he will most likely tell them everything without them having to go to extremes. Kid looks like a punk to me, just another faithless follower. I suspect the Authoritys will be making a lot more arrests and since Moscow is interested, maybe a few more.
Posted by: Alan D.Hoffmann | April 20, 2013, 11:41 am 11:41 am
Who is Miranda ? Dont need one for these “kind” of people ? Ask them to watch 21Jumpstreet if they want the definition of the Miranda rights.
Posted by: Junus Widjaja | April 20, 2013, 11:43 am 11:43 am
Is not a “made up executive exception” as some are saying: public safety exception has been around since, I think, the 80s. That said, he IS still an American citizen (and a teenager at that, barely a legal adult) and I find it worrisome he will not be permitted to speak with an attorney before questioning. Kids are so easy to manipulate, plus he’s scared, and I suspect was dragged into the elder brother’s cause without a lot of knowledge as to the who, what, when, where and why. I understand people want justice for the victims but if getting that means we all surrender what little rights we have left, we are on a dangerous path.
Posted by: mack | April 20, 2013, 11:51 am 11:51 am
The Boston terrorism proves that America’s liberal policy of chain migration works. It’s very wrong to break up immigrant families. The GOP will pay the price in 2016 for being so critical of President Obama’s immigration policies. Even home-grown terrorists vote. Democrats win again.
Posted by: fox free | April 20, 2013, 11:53 am 11:53 am
LOL…all you clueless people who shoot your mouths off without knowing the ‘facts’. Do your ‘homework’ on the ‘public safety exception’ rule and how it actually works…then come back and try to discuss this topic in an intelliegent manner. LOL…there is so much ‘proof’ out here every day of how and why the GOP is so ‘semi-successful’. It is because of a very stupid base. Which,,,BTW is destroying their Party. POSTED BY: ARIVERIA | APRIL 20, 2013, 11:10 AM 11:10 AM
this is more unconstitutional crap and is unlawful i will wave no liberty to any one or any mass for any reason including safety the constitution protects the individuals rights and freedoms under any situation and those who fail to keep their oaths to diffend it from all enemy’s should be tared feathered and forced into exile or hung for treason at the very least .
Posted by: james | April 20, 2013, 11:54 am 11:54 am
no idea why so many ppls keep blahblah about the Miranda right while ignore the fact that the suspect was in serious condition when they captured him.What is the point of reading the right to some1,who’s in his/her worst condition and barely conscious??
Posted by: Hoang | April 20, 2013, 11:55 am 11:55 am
if you people feel so bad for him then go join him. personally if he is an american citizen and you attack your own countrymen then you lose all rights afforded to you. either way he is a terrorist and if he has potentially useful evidence, use whatever means to get it out of him. its waterboarding time!!!
Posted by: tony | April 20, 2013, 11:57 am 11:57 am
Sites like this one are why I love the United States. Every idiot can spout whatever he or she wants short of treason or a violation of the “clear and present danger” rule or “hate speech” and so forth (Gee, look at all the Court certified restrictions on “free speech”). I would venture that 99% of these comments are next to useless simply because they are either illogical or they misstate the law, and that more than 99% of you are not lawyers nor have any training in Constitutional Law so that comments you make about the Constitution are either repeats of Faux News’ foolishness or St, Lush of the Humbug’s fantasies. Good grief people, there are many exceptions to the First, Fourth, Fifth, and Eighth Amendments, and the body of the Constitution is continually being re-examined and re-interpreted by the Courts. So the best thing for you to do is to shut up about things you don’t know anything about, rather than to put your massive ignorance on display. Not all opinions are worthwhile. Unless, of course, you want to provide fodder for the comedians on late night commercial television or on cable networks. Give it a rest, folks. There is too much noise in the universe already.
Posted by: Michael Bennett | April 20, 2013, 12:06 pm 12:06 pm
USA! USA! USA! (this is to drown out any dissenting opinions)
Posted by: Jenny | April 20, 2013, 12:13 pm 12:13 pm
Jenny, Safety exception says immediate threat. This guy will not be questioned for days. He is considered innocent until proven guilty. This is what is wrong with our country. Media always tries to show defendent in a guilty way. Just hope you are never in a situation where you are innocent, but media portrays you as guilty. How many people have been exonerated in the last few years and these are the people that have been proven innocent through science. I will save my opinion until I hear all the evidence.
Posted by: Montanafreedom | April 20, 2013, 12:19 pm 12:19 pm
Oh yeah, the “public safety” exemption, sure.
Then there’s the second amendment with the “black gun exemption”
The fourth, with the “Katrina exemption”
Next will be the first, with the “No talkin’ smack about Obama” exemption
This country is doomed.
Posted by: Pete S | April 20, 2013, 12:27 pm 12:27 pm
So why even have the Miranda? What apprehension and conviction of any criminal is not related to public safety?
Posted by: Cappyair | April 20, 2013, 12:29 pm 12:29 pm
HAHAHA!!! A guy sets off bombs, shoots cops, kills people, maims dozens…and all these folks are mad that he is going to be questioned without a lawyer??? Or you think he’s going to be “black bagged”, sent to some secret underground prison and tortured into confession? No concern that they might need to make sure he doesn’t have other bombs prepped around the city. No no no…it’s all about “consitutional rights”. Funny how you clowns pick and choose which amendments to worship.
Posted by: Paige | April 20, 2013, 12:33 pm 12:33 pm
I am truly fearful that the day may be coming soon when I can be arrested and tortured for any transgression. People are fools if you think that that can never happen here. Many people also thought 9/11 would never happen here. The Senator that suggested that a 19 year boy be held as an enemy combatant should step down immediately, better yet, he should be impeached.
Posted by: Patriot1984 | April 20, 2013, 12:37 pm 12:37 pm
Better yet, if you spot a terrorist hiding in your boat and he sees you, just urinate or vomit on him. It’ll save your life.
Posted by: Jenny | April 20, 2013, 11:58 am 11:58 am
LOL!!…..I know, isn’t this whole tragedy so funny?
Posted by: Michelle Shu Jas | April 20, 2013, 12:39 pm 12:39 pm
The FBI is NOT working outside the constitution. They are actually following it to a T. They are using it wisely and legally. Read the New York v. Quarles case….
Posted by: Alex | April 20, 2013, 5:48 am 5:48 am
One of the Chechen terrorists who carried out the Boston Marathon bombings could have been deported years ago after a criminal conviction.
Tamerlan Tsarnaev, the 26-year-old killed in a wild shootout with police, was a legal U.S. resident who nevertheless could have been removed from the country after a 2009 domestic violence conviction. That means the Obama administration missed an opportunity to deport Tsarnaev but evidently didn’t feel he represented a big enough threat.
In 2011, President Obama’s FBI failed to thoroughly investigate Tsarnaev at the request of the Russian government, allowing him to remain in the country.
In 2012, Tsarnaev flew in and out of John F. Kennedy Airport and was out of the country for six months. President Obama’s INS never bothered to escalate any concerns about Tsarnaev’s unusually long absence, his prior criminal conviction, or the fact that his destination (Moscow, Russia) is in close proximity to numerous terrorist training camps. Federal investigators now want to know if Tsarnaev received any terror training while he was overseas, a question they should have been asking last year.
Despite the United States operating in a post-9/11 reality, the incompetence of both the FBI and the INS, coupled with the reluctance of the Obama administration to deport him despite a prior criminal conviction, gave Tsarnaev plenty of time to plan and execute the Boston Marathon terrorist attack.
This is a top of the line administration whose immigraton policies are keeping Americans safer by promoting lax enforcement, amnesty, and chain migration.
Posted by: Dan | April 20, 2013, 12:39 pm 12:39 pm
This country is doomed.
Posted by: Pete S | April 20, 2013, 12:27 pm 12:27 pm
If people think as irrationally as you, yet it is.
Posted by: Gill | April 20, 2013, 12:40 pm 12:40 pm
As a member of the gay community I hope to further equality in the Republican Party as well.
Posted by: dan | April 20, 2013, 12:41 pm 12:41 pm
Tamerlan Tsarnaev, the 26-year-old killed in a wild shootout with police, was a legal U.S. resident who nevertheless could have been removed from the country after a 2009 domestic violence conviction.
Posted by: Dan | April 20, 2013, 12:39 pm 12:39 pm
We banish legal residents for domestic violence? Really.
Posted by: Vern | April 20, 2013, 12:47 pm 12:47 pm
Don’t you Right Wing idiots know how to look stuff up?!?!? The public safety exception has been the law of the land since the REAGAN administration, when the Supreme Court ruled it legal:
“The “public safety” exception to Miranda is a powerful tool with a modern application for law enforcement. When police officers are confronted by a concern for public safety, Miranda warnings need not be provided prior to asking questions directed at neutralizing an imminent threat, and voluntary statements made in response to such narrowly tailored questions can be admitted at trial. Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.” (FBI website)
I think it’s pathetic that some people are trying to use this situation to take a craven swipe at Obama and Liberals. Clearly these losers have nothing better to do than sit around and whine, whine, whine, about everything Obama. Regardless of the facts. Or the situation. Or history. Or the law. Or common sense. Or common decency…………..
Posted by: Phoenix Risen | April 20, 2013, 12:50 pm 12:50 pm
Tamerlan Tsarnaev, the 26-year-old killed in a wild shootout with police, was a legal U.S. resident who nevertheless could have been removed from the country after a 2009 domestic violence conviction. Posted by: Dan | April 20, 2013, 12:39 pm 12:39 pm.
Thank you Captain Hindsight. Have you broken any other cases lately? I’ll bet you were standing around in late 2001 saying “These guys should have never been allowed to take flying lessons.” And were you standing on the shores of Alabama a couple months after the BP oil spill saying “That blow-out preventer will never work properly”……..
Posted by: Phoenix Risen | April 20, 2013, 12:54 pm 12:54 pm
Better yet, if you spot a terrorist hiding in your boat and he sees you, just urinate or vomit on him. It’ll save your life.
Posted by: Jenny | April 20, 2013, 11:58 am 11:58 am
I know, isn’t this whole tragedy so funny?
Posted by: Michelle Shu Jas | April 20, 2013, 12:39 pm 12:39 pm
Those two ideas were part of a sensible and serious advisory written by the University of Colorado to help women fend off an attacker. I thought they were brilliant suggestions. Democrats have many other great ideas, which is why the GOP is doomed in 2016.
Posted by: fox free | April 20, 2013, 12:59 pm 12:59 pm
The pictures they gave of the suspects in the video surveillance was all fakes. I put them in Photoshop. I guess as long as people have someone to point there finger at and blame.Everyone is happy
Posted by: Mario | April 20, 2013, 1:00 pm 1:00 pm
In 2005, Governor Mitt Romney tried to get Massachusetts to reinstate the Death Penalty, but democrats in that state shot it down.
I bet they’re regretting that now.
Posted by: James Todd | April 20, 2013, 1:03 pm 1:03 pm
Those two ideas were part of a sensible and serious advisory written by the University of Colorado to help women fend off an attacker. I thought they were brilliant suggestions. Democrats have many other great ideas, which is why the GOP is doomed in 2016.
Posted by: fox free | April 20, 2013, 12:59 pm 12:59 pm
Well there you go. Who would take anything they teach at a university seriously? LOL!
Posted by: Michelle Shu Jas | April 20, 2013, 1:03 pm 1:03 pm
“OMG” we didn’t read him his rights. I guess we got to let him go now.
Posted by: BOST | April 20, 2013, 1:04 pm 1:04 pm
TO ALL YOU SHEEP: In America we have a thing called due process. We also have a thing called the constitution. These are rights for everyone here. It is what our country is based off of. They had a picture and went on a shooting spree because he and his brother were labeled “terrorists”. I hope someday a black van shows up at your house and federal agents put a black bag over your head and take you Guantanamo Bay for decades because your neighbor reported you as a terrorist. Wake up people.
Posted by: 'MERICA F YEAH | April 20, 2013, 1:12 pm 1:12 pm
They had a picture and went on a shooting spree because he and his brother were labeled “terrorists”.
Posted by: ‘MERICA F YEAH | April 20, 2013, 1:12 pm 1:12 pm
Didn’t they also have a dead policeman at MIT and a highjacked vehicle?
Posted by: Vern | April 20, 2013, 1:21 pm 1:21 pm
They all know who he is. Someone will finish him up. Nothing to worry about
Posted by: Junky | April 20, 2013, 1:24 pm 1:24 pm
Amendment by amendment are going in the shredder bin. It’s frightening and sickening.
Posted by: Duffy English | April 20, 2013, 1:47 pm 1:47 pm
Amendment by amendment are going in the shredder bin. It’s frightening and sickening.
Posted by: Duffy English | April 20, 2013, 1:47 pm 1:47 pm
This was done back under Reagan.
Posted by: Frank | April 20, 2013, 1:50 pm 1:50 pm
When you start terrorizing the nation and bombing people, you surrender some of your rights. It is similar to the right to bear arms, felons do not have this right. The right to live where you want, sex offenders do not have this right. The decided not to read him his miranda rights because, if there is something they truly need to know, such as more bombings, he does not have the right to keep quiet about it. These two were seen in the videos, they were in one video seen laying a backpack down, the one victim standing next to a blown backpack, woke up from anesthesia and said the one man looked dead at him. These two also stole a car, shot at police officers and killed a mit officer. It isn’t only about the bombings, there is more story than the two bombs. They also, have 3 others in custody, who live in the same building as one of the boys and were seen on the footage carrying backpacks as well. I would hope, that if someone is bombing people and terrorizing this country, that some of their “rights” would be waived. They gave those up when they started killing people. And the argument about “well, lets just waive all our rights when they feel like it”, that isn’t a valid argument. They arent doing this when they just feel like it. they are doing this for the wellbeing of the nation as a whole.
Posted by: Stacy | April 20, 2013, 2:01 pm 2:01 pm
Don’t forget to interrogate Mama. As people that know the family has said, she showed signs of radicalization at a specific point in time and began espousing wild conspiracy theories that were obviously being fed to her. Someone came into their lives and recruited them… AND SHE KNOWS WHO! Find him/them and you not only find any future plots but you uncover an entire network. MAMA TSARNAEV IS THE KEY!
Posted by: WL | April 20, 2013, 2:10 pm 2:10 pm
Posted by: Stacy | April 20, 2013, 2:01 pm 2:01 pm
Your points are interesting but the bottom line is there is a legal basis for what is being done and it’s called the public safety exception.
Posted by: Frank | April 20, 2013, 2:12 pm 2:12 pm
You can’t Mirandize someone unless they are conscious and competent. It also does not need to be delivered until the questioning process is ready to begin, especially if the suspect is unconscious in the first place. If he’s not in a position to answer any questions at the moment anyway, it really doesen’t matter. Regardless, here we have confirmed Muslim terrorists committing heinous acts on US soil (again). Only difference this time is whether they are lone wolves or part of an operational group. US citizenship was conferred on the dead guy a year or so ago via naturalization. Since he’s dead, it dosen’t matter. However, the one in custody is Russian, NOT a US citizen. Therefore he qualifies directly as being an international terrorist actor who qualifies for the exception since we don’t know if additional acts are immediately planned by other operators affiliated with him.
Posted by: Nashoba | April 20, 2013, 2:30 pm 2:30 pm
Only in America does the rights of the bad guy trump justice for the victims…
Posted by: Paige | April 20, 2013, 2:50 pm 2:50 pm
The fact that “progressives” have politicized the Bill of Rights has absolutely soured me to this issue.
So…let me get this straight…my constitutionally guaranteed gun rights were “negotiable” after SandyHook BUT now I’m supposed to be outraged by the non-Mirandizing of this suspect???
Hmm……really.
Obama and his associates bestowed upon themselves the “right” to kill US citizens by secret decree…..omitting Miranda…..”progressive” outrage was non-existent.
Obama and his associates wrapped a cloak of secrecy around themselves concerning Fast and Furious……”progressive” outrage was non-existent.
So…..why should I be “outraged” over this?
“Progressives” seem to have a very selective interpretation of what Constitutionally guaranteed rights are……and evidently that DOES NOT include mine.
Rot for all I care.
Posted by: madnessofjack | April 20, 2013, 2:56 pm 2:56 pm
Wow most of you people need to quit watching Flocks News. Miranda Rights only protect you from them using a confession or verbal evidence some one gives from being used in a trial. Answering question about who else is involved or is there more bombs planted. Even if he does confess with out his right being read they have more then enough evidence to convict him. If there are more people involved and they act on innocent people you people will be the first to blame the government for not doing more. You can’t have it both ways.
Posted by: Krag | April 20, 2013, 3:03 pm 3:03 pm
Posted by: madnessofjack | April 20, 2013, 2:56 pm 2:56 pm
You clearly have no idea what a “progressive” is, although you easily attack what you prop up as them.
Posted by: Jennifer | April 20, 2013, 3:09 pm 3:09 pm
Obama and his associates wrapped a cloak of secrecy around themselves concerning Fast and Furious……
Posted by: madnessofjack | April 20, 2013, 2:56 pm 2:56 pm
We know all of the information about how Fast and Furious was put together, who carried it out and how it was terminated and by whom. We know all of the details. Issa wanted to pry into White House communications after that time period to see if he could find any dirt. It’s what is commonly referred to as a political fishing expedition, and it had nothing to do with the evolution and ending of Fast and Furious.
By the way, Fast and Furious was put in place by holdovers from the Bush administration – the same people who put in place Operation Wide Receiver – the first gun walking program – and the first to ‘lose’ weapons in Mexico.
Posted by: Dan | April 20, 2013, 3:16 pm 3:16 pm
He is a naturalized citizen!!!! He has rights!!!
Focus on immigration policies that grant asylum to anyone from any war torn region!
Focus on loose student visa programs!!!!
Even Timothy McVeigh was Mirandized, and he killed more people!!!
Or is it just his nationality that makes his citizenship different?
Or is it just because of possible political motives?
Again McVeigh, revenge for Waco right?
What do you all think will happen if he is read his rights?
At best for him, he will rot in a federal detention center for the rest of his life!
Posted by: jerry | April 20, 2013, 3:21 pm 3:21 pm
By the way, Fast and Furious was put in place by holdovers from the Bush administration – the same people who put in place Operation Wide Receiver – the first gun walking program – and the first to ‘lose’ weapons in Mexico.
Posted by: Dan | April 20, 2013, 3:16 pm 3:16 pm
LIES!!!
“The Fast and Furious program was started in October 2009, nine months into the Obama presidency.” – Jake Tapper, ABC News
If Obama could have pinned the botched operation on Bush, he would have.
“[Instead, in June 2012,] Obama invoked executive privilege over documents at the center of the stand-off between Attorney General Eric Holder and Rep. Darrell Issa, the Republican chairman of the House Oversight and Government Reform Committee investigating the Justice Department’s “Fast and Furious” program.
Issa and Republicans on the committee believe the as yet undisclosed information is critical to understanding how the administration responded to the unfolding scandal surrounding program that allegedly allowed U.S. weapons to cross the border into Mexico in order to track gun runners. One of the weapons was later found to be used in the shooting death of a U.S. border patrol agent.” – Jake Tapper, ABC News
To this day, the Fast and Furious records remain sealed.
Posted by: Ed | April 20, 2013, 3:27 pm 3:27 pm
You clearly have no idea what a “progressive” is, although you easily attack what you prop up as them.
Posted by: Jennifer | April 20, 2013, 3:09 pm 3:09 pm
Easy to define. We’re the ones who use the word “gay” as a smear against conservatives when we’re losing an argument.
Posted by: fox free | April 20, 2013, 3:29 pm 3:29 pm
To this day, the Fast and Furious records remain sealed.
Posted by: Ed | April 20, 2013, 3:27 pm 3:27 pm
Absolute nonsense. Have you read the report from Issa’s committee? Issa is a Republican
From his report . ..
“The ATF Phoenix Field Division began Operation Fast and Furious in the fall of 2009 after suspicious weapons purchases led agents to the discovery of an apparent Phoenix-based arms trafficking syndicate”
The ATF Phoenix Field Division are exactly the same people who began the gun walking approach under Bush.
Posted by: Dan | April 20, 2013, 3:32 pm 3:32 pm
Easy to define. We’re the ones who use the word “gay” as a smear against conservatives when we’re losing an argument.
Posted by: fox free | April 20, 2013, 3:29 pm 3:29 pm
Nobody should be ashamed of being gay.
I’m not
Posted by: ed | April 20, 2013, 3:33 pm 3:33 pm
This guy lost all his rights when he planted a bomb that killed three people and severely wounded 170.
Terrorists do not have the same rights as every day, run of the mill criminals and I for one am thankful for that! Every bit of information they can get from this terrorist, may prevent another terrorist from having a chance to plant a bomb that could take more innocent lives.
For all you touchy feely people who are screaming that this is illegal, that is just too bad. You are either part of the solution or you have become part of the problem. There is no gray area anymore.
Posted by: TF | April 20, 2013, 3:35 pm 3:35 pm
“The ATF Phoenix Field Division began Operation Fast and Furious in the fall of 2009 after suspicious weapons purchases led agents to the discovery of an apparent Phoenix-based arms trafficking syndicate”
The ATF Phoenix Field Division are exactly the same people who began the gun walking approach under Bush.
Posted by: Dan | April 20, 2013, 3:32 pm 3:32 pm
True.
Republican congressional investigators placed much of the blame for the ATF “Fast and Furious” scandal on at least three Justice Department officials and five ATF agents – particularly then-Special Agent in Charge in the Phoenix division William Newell,
The same ATF Special Agent in Charge, Bill Newell, supervised the Bush era Wide Receiver gunwalking operation.
Posted by: Ron | April 20, 2013, 3:42 pm 3:42 pm
Posted by: Ron | April 20, 2013, 3:42 pm 3:42 pm
If Obama could have blamed Bush for Fast and Furious he wouldn’t have sealed the records at Eric Holder’s request. Obama is a liar, and so are you.
Posted by: Alex | April 20, 2013, 4:05 pm 4:05 pm
Margaret Sanger, who started Planned Parenthood, is a famous and still highly regarded Progressive. Everyone needs to Google her Wikipedia page. Her views on negative eugenics are a hoot.
Posted by: Progressive Utopia | April 20, 2013, 4:09 pm 4:09 pm
If Obama could have blamed Bush for Fast and Furious he wouldn’t have sealed the records at Eric Holder’s request. Obama is a liar, and so are you.
Posted by: Alex | April 20, 2013, 4:05 pm 4:05 pm
I didn’t post any lies at all. I just pointed out what is in Issa’s Republican committee report.
Those Republican congressional investigators placed much of the blame for the ATF “Fast and Furious” scandal on at least three Justice Department officials and five ATF agents – particularly then-Special Agent in Charge in the Phoenix division William Newell,
The same ATF Special Agent in Charge, Bill Newell, supervised the Bush era Wide Receiver gunwalking operation.
Posted by: Ron | April 20, 2013, 4:10 pm 4:10 pm
Posted by: Ron | April 20, 2013, 4:10 pm 4:10 pm
The only reason Obama, the most transparent president in world history, sealed the Fast and Furious documents from Congress is to cover up a scandal.
Posted by: Alex | April 20, 2013, 4:13 pm 4:13 pm
Easy to define. We’re the ones who use the word “gay” as a smear against conservatives when we’re losing an argument.
Posted by: fox free | April 20, 2013, 3:29 pm 3:29 pm
I did it at 3:33pm. I really don’t like dissent. I’m hopeful President Obama will repeal the First Amendment and send dissenters to political prisons. If Cuba and Venezuela can do it, why can’t we?
Posted by: Skip | April 20, 2013, 4:18 pm 4:18 pm
@TF
“This guy lost all his rights when he planted a bomb that killed three people and severely wounded 170.
Terrorists do not have the same rights as every day, run of the mill criminals and I for one am thankful for that! Every bit of information they can get from this terrorist, may prevent another terrorist from having a chance to plant a bomb that could take more innocent lives.
For all you touchy feely people who are screaming that this is illegal, that is just too bad. You are either part of the solution or you have become part of the problem. There is no gray area anymore.”
Was Timothy McVeigh a run of the mill criminal???
How about Dahmer???
How come they didn’t lose their rights??
What about Richard Jewel?? Innocent.
Today, without due process, he would never have seen the light of day again.
Are the terrorists taking you’re right to bear arms away, or is the government?
Pressure cookers will now require a background check.
Posted by: jerry | April 20, 2013, 4:19 pm 4:19 pm
The only reason Obama, the most transparent president in world history, sealed the Fast and Furious documents from Congress is to cover up a scandal.
Posted by: Alex | April 20, 2013, 4:13 pm 4:13 pm
Nonsense. The documents relating to the formation and the conduct of Fast and Furious were provided to Issa’s committee. Issa was on a political fishing expedition for documents after the program was shut down. There was no cover-up of the specifics of the program at all.
That’s why Issa’s committee was able to describe exactly how Fast and Furious was put together, conducted and ended.
Those Republican congressional investigators placed much of the blame for the ATF “Fast and Furious” scandal on at least three Justice Department officials and five ATF agents – particularly then-Special Agent in Charge in the Phoenix division William Newell,
The same ATF Special Agent in Charge, Bill Newell, supervised the Bush era Wide Receiver gunwalking operation.
Issa’ search for later documents was a political fishing expedition.
Posted by: Ron | April 20, 2013, 4:21 pm 4:21 pm
Those Republican congressional investigators placed much of the blame for the ATF “Fast and Furious” scandal on at least three Justice Department officials and five ATF agents – particularly then-Special Agent in Charge in the Phoenix division William Newell,
The same ATF Special Agent in Charge, Bill Newell, supervised the Bush era Wide Receiver gunwalking operation.
Posted by: Ron | April 20, 2013, 4:21 pm 4:21 pm
It’s exactly as the Republican committee described, Fast and Furious was put in place by holdovers from the Bush administration – the same people who put in place Operation Wide Receiver – the first gun walking program – and the first to ‘lose’ weapons in Mexico.
Posted by: Dan | April 20, 2013, 4:24 pm 4:24 pm
If Obama could have blamed Bush for Fast and Furious
Posted by: Alex | April 20, 2013, 4:05 pm 4:05 pm
Nobody is ‘blaming Bush”. It’s just a fact that Fast and Furious was run by the same holdovers from the Bush administration that put together Operation Wide Receiver – the first operation to allow gun walking and lost guns in Mexico.
Posted by: Randy | April 20, 2013, 4:33 pm 4:33 pm
The problem with our country “criminals have rights”. Forfeiture of all rights should happen when a felony crime is committed. Our prison’s are way nicer then the ghetto’s. Do to bleeding heart liberals, going to jail is more like a picnic. People of heinous crimes should be subject to public stoning. If we stop protecting the criminals, we will have less of them.
Posted by: JEFF | April 20, 2013, 4:40 pm 4:40 pm
People of heinous crimes should be subject to public stoning.
Posted by: JEFF | April 20, 2013, 4:40 pm 4:40 pm
Sounds like its time you immigrated to some foreign country where the government does this sort of thing.
Posted by: Jack | April 20, 2013, 4:46 pm 4:46 pm
That’s one of those gutless technicalities for a killer and those whom are anti-police (you know, the ones that call police, “pigs”). If he did it, put him away for life.
Posted by: TexBork_2013 | April 20, 2013, 5:02 pm 5:02 pm
That’s one of those gutless technicalities
Posted by: TexBork_2013 | April 20, 2013, 5:02 pm 5:02 pm
What is?
Posted by: Jack | April 20, 2013, 5:08 pm 5:08 pm
I did it at 3:33pm
Posted by: Skip | April 20, 2013, 4:18 pm 4:18 pm
yeah right
Posted by: ed | April 20, 2013, 5:18 pm 5:18 pm
What can it be called but “bizarre.” The same pieces of garbage who last week were waving an absurdly contorted version of the Constitution last week for discussion of background checks are now giddily trampling the Constitution in pursuit of their pound of flesh.
Hypocrisy is the unofficial expertise of the American Right. How sad and ironic it is that those who boast of being patriotic so casually dispense of America’s highest and most unique principles the instant they become inconvenient. If only they were capable of shame, embarrassment or conscience.
Posted by: Alice | April 20, 2013, 5:23 pm 5:23 pm
@ALICE
I agree!
We should NOT allow terrorists to deny our right to bear arms!
Or allow terrorists to deny our right to due process!
Background check for pressure cookers anyone!
Posted by: jerry | April 20, 2013, 5:26 pm 5:26 pm
@ To the crazy person who keeps quoting NY vs Quarles…..
THERE IS NO THREAT TO PUBLIC SAFETY. The bombs have already gone off, his brother is dead, and he is in critical condition in the hospital. Where is the “imminent threat” requirement? The police themselves already told the public that it’s safe, and that it’s okay to go back to normal.
HE IS AN AMERICAN CITIZEN, and has the right to due process. If we allow the authorities to torture this American, then what’s to stop them from doing this to other Americans? You may not care about his rights, but what about your rights, or your family’s? Allowing the government to “make exceptions” to the law, whenever it’s inconvenient for them, will open the floodgates to even more violations of our rights.
I DON’T KNOW IF HE IS GUILTY. Just because the media says he is guilty, doesn’t make it true. He could have been running from the police for a different reason. That’s why we have courts to examine the actual evidence, and get to the bottom of it.
Posted by: Allen | April 20, 2013, 5:31 pm 5:31 pm
In order for the “questioning” to be legal under Quarles, ALL three of these requirements must be met.
1) There has to be an immediate threat to the safety of the public.
2) The questions must be limited to public safety questions.
3) The statement must be made voluntarily, without coercion or intimidation.
Posted by: Allen | April 20, 2013, 5:46 pm 5:46 pm
Is it time to just amend the current system of U.S. law to express that… any individual that employs terrorism or conspires to use a weapon in the commitment of a crime or an assault upon another individual, shall forfeit their presumption of innocence status…
Since those that have chosen the path of terrorism or determine to use a weapon have abused their Constitutional rights in their illegal act, and therefore made the decision to give up their right to a presumption of innocence status.
Posted by: Michigander | April 20, 2013, 6:15 pm 6:15 pm
So much dumb answer for something that is being done repeatedly under the “Pariot Act” and it does not give you any rihgts, or access to a lawyer, and espexcially your or their family, and it is and was passed to address Teroorists from other countries or as they have labelled many Americans as Domestic Teroorists, so you who say educated your self and put in a link for this so callled ‘Exception” are kicking a dead dog, this Act covers all this and not amount of crying about giving or not giving this aledge suspect is the moot point as some one posted, lighten up and really get your facts rights, so have a nice day.
Posted by: Gil | April 20, 2013, 6:25 pm 6:25 pm
This is stupid. The kid grew up here. He knows the Miranda rights. Read them to him; don’t create pointless potential problems for no reason.
Posted by: AB | April 20, 2013, 6:28 pm 6:28 pm
Oh BTW your rights are also in question and yet you do nothing to defend them as this administration is now showing you how it will treat you and yours if they feel you are a threat to Public Safety.
I appolgise for mis-spelled word I have prolbelms with my hands due to Diabetes.
Posted by: Gil | April 20, 2013, 6:29 pm 6:29 pm
It may be that they want to be sure there is no other people out there that these two creeps were associated with. IF he was only into this with his moron brother, then yeah, we have to give him his rights (much as it makes me sick to say that). I think that they want to correct this as soon as possible, but the FBI would be remiss if they didn’t check this angle first. Lawyering-up could cost lives. It happens enough when murders and others get out on parole and go and kill witnesses and finish other jobs. The lawyers never seem to have to answer for that.
Posted by: Bill | April 20, 2013, 7:39 pm 7:39 pm
If only everyone was less concerned about the ‘rights’ of these despicable specimens of the human race and more people spared a concerned thought about justice for the poor victims…many of whom are missing limbs and will be debilitated for the rest of their lives.
Posted by: Sherree | April 20, 2013, 8:04 pm 8:04 pm
I don’t see that anyone else has mentioned this, but I see multiple postings talking about consitutional amendments. The Miranda rights are not in the Constitution. They are based on judicial review, just like the exception is.
Posted by: Scott | April 20, 2013, 8:23 pm 8:23 pm
@SHERREE
If only everyone was less concerned about the ‘rights’ of these despicable specimens of the human race and more people spared a concerned thought about justice for the poor victims…many of whom are missing limbs and will be debilitated for the rest of their lives.
Posted by: Sherree | April 20, 2013, 8:04 pm 8:04 pm
The concern isn’t for the rights of the perpetrators, it is for the rights of everyone.
ALL citizens have the presumption of innocence until proven guilty in court.
Isn’t making sure the feds got it right important?
And certainly a trial would reveal more information to the public than any time in GITMO could.
Remember Richard Jewell?
The guy that bombed the Olympics in Atlanta?
The news said he did it, FBI named him as a suspect. His life was destroyed.
The problem is HE DIDN’T DO IT!!!
Eric Rudolph did it!
THE MEDIA ISN’T A COURT OF LAW!!!
Posted by: jerry | April 20, 2013, 9:16 pm 9:16 pm
@Sherree
You’re right, but you’re also wrong. The Miranda warning isn’t found in the Constitution however, the Miranda is based off of the Constitution. Judicial reviews are based on the Constitution since the Supreme Court is not a legislative body, and is not given any legislative powers by the very document they are to review. So, the judicial review made by the Supreme Court is an interpretation of the Constitution and the amendments in it. The rights given to suspects by the Miranda is an extension of our 5th Constitutional Amendment which is found in the Bill of Rights, owing to its importance in preserving the people’s unalienable rights. The 5th Amendment is an important amendment because it prevents the government from trampling the rights of the accused or of the people in a legal procedure. The clause that is supplemented by the Miranda is the “Self-incrimination clause”, which states that “[No person] shall be compelled in any criminal case to be a witness against himself.” If a suspect is thought of having been deprived of his/her Miranda rights, then it would mean that his/her 5th Amendment right was violated and by extension, his/her Constitutional rights. And that Sherree is what the people in here including me have been arguing about.
Posted by: Lance | April 20, 2013, 10:49 pm 10:49 pm
You know the terrorists have won when the US Government starts shredding the Constitution and the suspect’s right to due process.
Posted by: Lance | April 19, 2013, 10:32 pm 10:32 pm
Sounds like you didn’t read the discussion of the Supreme Court ruling regarding the public safety exemption. Oh well . . .
POSTED BY: JENNY | APRIL 19, 2013, 11:09 PM 11:09 PM
@Jenny
I did actually. I read the article regarding the Miranda warning from the FBI themselves, in their website. Now that we’re on this topic, I wanna say a few things.
Quoting the article, “…only those questions necessary for the police ‘to secure their own safety or the safety of the public’ were permitted under the public safety exception.” Seeing that the suspect has been incapacitated for a day now and is still in serious condition, the time frame of the public safety’s IMMEDIATE danger has now passed. Additionally, I have heard accounts from officers during their press conferences that the “danger to the public” is now over and that the “city is now safe.” If we consider these following rough accounts, there is no need to invoke the public safety exception.
Posted by: Lance | April 20, 2013, 11:08 pm 11:08 pm
all the amateur lawyers here. yak yak yaking about something they don’t really know much about nor fully understand.
miranda rights are violated all the time. miranda rights deal with the right to remain silent, the right to have an attorney present for questioning, and the right against self incrimination. giving miranda rights preserve the admissibility of suspects’ statements against themselves in criminal proceedings. the only penalty for violation of miranda rights, is that the information gained from violation, or the fruits from that information gained, ie the fruits of the poisonous tree, can’t be used against the person who had his miranda rights violated.
they’ve got plenty of other evidence against the suspect that they don’t need to use anything he says against himself. so it’s not going to jeopardize their case, and they might get good info on possible others involved. using the public safety exception is basically just window dressing in this case.
Posted by: yo duh | April 21, 2013, 1:31 am 1:31 am
Why are more people worried about a terrorists rights than the victims rights?
Posted by: JEFF | April 21, 2013, 1:36 am 1:36 am
He is in critical condition which basically means he has one foot practically in the grave already. If he lives he will not tell I am sure of it. He will eventually pass on and take his motive with him to the grave and we will be left with speculations and guesses as to whom and why. this wlill no doubt fuel the conspiracy theoriists.. and we may never know th real truth just half truths…
Posted by: Frederic Salgado | April 21, 2013, 3:06 am 3:06 am
To everyone who’s posted some crap about “Who cares about HIS rights, look what HE did!”, I thnk you’re misssing the point entirely. The point is that there is a constitution, and a judicial system for American citizens, that needs to be followed to the tee. I think the way you’re meant to be looking at it, rather than “Who cares about HIS rights, look what HE did!”, it should be “His rights need to be upheld, like any other US citizen, until we can prove what he did”. Hundreds, if not thousands of people were patting themselves on the back adamantly believing that Sunil Tripathi was involved, and what, should his Miranda Rights also have been scrapped if he was caught ‘for what he did’? It’s not up to any of you to decide who did what, because you’re not the FBI, you’re not the Police, and you’re not the judicial system, and you really have very little evidence for yourselves at this point. So, do I think he did it? Of course I do, I don’t think all the evidence aganst him could be coincidental, BUT IT’S NOT UP TO ME. Please also note: I read what the FBI said about it, this isn’t a reply to that, this is just a reply to morons who think that Miranda Rights should be exempt whenever it suits them. There is a reason it was done, and it’s not the reason in their minds.
Posted by: Ryan_M | April 21, 2013, 5:52 am 5:52 am
Personally a traitor to his country has no rights. One who commits atrocities as this deserves none. However, really I don’t get the Miranda rights not being read right away. Also, we the people have had enough to the Democrats and Republicans from a average American do the right thing and don’t make this a political hot potato. We know he is a terrorist saw it on TV, it has been proven his brother was on the watch list in countries and we were told about it, Yes it definitely took more than two to get all this training and cruelty so anyone who says they see no other affiliations is a idiot. We are watching to see everyone do the right thing for this country and go after their affiliations. This must stop. Last I thought everyone had to have Miranda rights read this doesn’t sound right. IT is my understanding the Miranda Law was done for a purpose.
Posted by: Steve | April 21, 2013, 7:41 am 7:41 am
look at all the ignorant people here, saying an accused person has no rights, should have no rights if the accusation is about something “evil enough”. there is a reason for “due process”, shame so many here have no idea what is being protected by our bill of rights
Posted by: ralph siegler | April 21, 2013, 9:47 am 9:47 am
Let me ask all of you people who seem to think Dzhokhar Tsarnaev, an AMERICAN CITIZEN, who according to AMERICAN LAW, is INNOCENT until PROVEN guilty, does NOT have Miranda RIGHTS.
Was Eric Rudolph read Miranda rights? He bombed the 1996 Atlanta OLYMPICS, and evaded capture for FIVE (5) years before he was finally apprehended.
Was this “public safety exception” used for him? HOW did law enforcement know he didn’t have any other bombs planted anywhere else after 5 years?
And what about the infamous Ted Kaczynski?
Was HE read Miranda rights? YES, he was.
WHY wasn’t this “public safety exception” used in his case?
He MAILED SIXTEEN (16) bombs, over a period of SEVENTEEN (17) years and nobody locked down a CITY or evoked any “public safety exception” to Constitution RIGHTS in his case.
You people are SO BRAINWASHED that you don’t even realize that these 2 Boston bombing suspects were rank amateurs compared to Erich Rudolph and Ted Kaczynski, yet you seem to think they are the most dangerous men on the face of the Earth.
A wise man once said, “Those who give up their liberty for more security neither deserve liberty nor security.”
Posted by: User X | April 21, 2013, 10:05 am 10:05 am
There are now reports the FBI is looking for other members of a sleeper cell associated with the bombing. If this punk had been read his miranda rights, he could have legaly lawyered up and clammed up.
Posted by: Bob | April 21, 2013, 1:13 pm 1:13 pm
Will Dzhokhar Tsarnaev be denied his Miranda Rights if he asks for his lawyer even if not read his rights? It is a like “Don’t Ask, Don’t Tell”! Interesting conundrum!
Posted by: Common _ Sense | April 21, 2013, 2:12 pm 2:12 pm
Whoa, Back, a minute here! There are no such things as “Miranda rights” other that the police must inform you of already existing Constitutional rights. These rights exist whether a cop reads them to you or not! These rights are granted by the Constitution, not Miranda and not the cops, not the supreme court. This suspect is entitled to all of these constitutional rights. Period! Miranda or No Miranda! Where have you people been hiding?
Posted by: jerseyguy36 | April 21, 2013, 2:19 pm 2:19 pm
Where did these guys get there guns that they used to kill the Police Office and have those big gun fights with police? And why did we just vote down background checks?
Posted by: Bereal | April 21, 2013, 5:52 pm 5:52 pm
jerseyguy36, you’re arguing semantics. ‘miranda rights’ are a short cut name for the constitutional rights enumerated in miranda warnings. named after the case which held during custodial interrogation, the suspect had to be warned and specifically waive those rights, or any information gained would be deemed ‘coerced’ and not usable at trial against that suspect, due to the nature of custodial interrogation being inherently coercive.
he still has his ‘rights’ even if they don’t warn him, when the information is not used against him at trial. that is the remedy when miranda warning are not given and not waived by the suspect.
Posted by: yo duh | April 21, 2013, 5:59 pm 5:59 pm
“And why did we just vote down background checks?” – Bereal
Because background checks don’t stop people like the Tsarnaev Bros from getting guns.
They only harass good citizens.
Posted by: Noz | April 21, 2013, 6:00 pm 6:00 pm
background checks will make it more difficult for felons, and the mentally ill and unstable from getting guns. when things are more difficult, only the most persistent will keep trying, and they will have few options and very likely have access to few numbers of them. we don’t have to make it easy for them. the they ‘only harass good citizens’ mantra is total bs.
i really think there are perhaps a lot of mentally ill and unstable people out there who are afraid they won’t have an easy access to guns, or may lose the ones they already have.
Posted by: yo duh | April 21, 2013, 6:20 pm 6:20 pm
“when things are more difficult, only the most persistent will keep trying,” – Yo Duh
So you admit that with stronger gun control more citizens will not be persistent enough to arm themselves and protect their homes form the likes of persistent folk like the Tsarnaev Bros.
Thank you for validating my point.
Posted by: Noz | April 21, 2013, 7:01 pm 7:01 pm
NOZ, no, that’s not what i meant. i see i need to be more specific, because you are reading/inferring what i wrote to only suit your point, which was background checks ONLY harass good citizens.
my point was when it’s more difficult for those who aren’t allowed to have them, felons and those who are mentally ill and unstable, those who can’t pass the background checks, only the most persistent of those people will keep trying to break the law and get them. i do not see background checks as being too difficult an obstacle for those who pass those background checks.
Posted by: yo duh | April 21, 2013, 7:22 pm 7:22 pm
Well McVeigh and Terry Nichols were given their Miranda rights after they killed 168 people, including 19 children under the age of 6 and they injured more than 680 people in the Oklahoma City bombing. Where is the difference between the two? The body count maybe?
Posted by: LGmichael | April 22, 2013, 1:27 am 1:27 am
Posted by: Yo Duh | April 21, 2013, 7:22 pm 7:22 pm
Your right, I shouldn’t have used the clarifier only.
Background checks mostly just harass good upstanding citizens.
But your point that making it more difficult to get a gun will result in many more citizens going unarmed still stands. The baddies, will still get theirs. Increasing background checks will push more gun sales into the growing black market, both legit and illegit purchases.
Posted by: Noz | April 22, 2013, 7:42 am 7:42 am
Although some people have already pointed it out before, I think it needs to be said again: Reading the Miranda rights is not the act that grants those rights. Those rights are granted by the constitution, and can be invoked by the suspect at any time. The reading of the rights is simply to make people aware of their rights.
And stripping rights of the accused is definitely a slippery slope, no matter how serious the crime. Not only does it run afoul of the whole concept of innocent until proven guilty, but think about it: if you happened to be in the wrong place at the wrong time when a terrorist act was committed (say being seen in a video leaving the scene immediately prior to an explosion), you would need those rights to protect you from being wrongly convicted and possibly executed for a crime you didn’t commit.
Our criminal justice system was designed to do the best job possible of protecting the rights of the innocent while prosecuting the guilty. It has worked well in the past with several instances of domestic terrorism (Atlanta, Oklahoma City, etc.) and it will continue to work in the future. Let’s let it do it’s job here.
Posted by: Randall D | April 22, 2013, 1:50 pm 1:50 pm
No. No Exceptions. Kid goes free. call me Un-american, Call me Pathetic or stupid no matter what you call me. Terrorists or not, he’s an American Citizen therefore Upon Arrest his Miranda Rights should have been read, and questioning him for hours before his rights have even been read? Federal Government or a Regular Street cop that is against the LAW. You cannot just amend the law just becase we got bombed. Life or Death should not matter in this situation for the wounded or the Lost. If the government can keep Cigarettes Legal and kill 800,000 thousand of us a year, and 2 terrorists kill 3 people and wound 170, you decide to amend the law? No! The Law is Law and its Absolute. If that man serves a single day in jail, then I want My Record clean and Compensated for the time I Served in jail.
Posted by: Michael Goldsmith | April 25, 2013, 1:23 pm 1:23 pm