Want To Make Miranda Irrelevant? Repeal Federal Laws Criminalizing Terrorism
“Miranda warnings are counterproductive in my view,” Graham said at a Senate Homeland Security and Governmental Affairs Committee hearing Wednesday. “We need a law that would allow you to go to a judge…and hold a guy like this and work with the intelligence officials of this country. Even if you’re an American citizen helping the enemy, you should be treated as a military threat,” Graham said. “Devise a law that recognizes we’re at war.”
If Lindsey Graham has the courage of his rhetoric, the solution is simple - repeal all federal laws criminalizing terrorism. After that, Miranda becomes irrelevant.
If you want to treat terrorism solely as a question of war, then do that. So long as people like Joe Lieberman and Lindsey Graham insist that suspected terrorism be treated as a criminal question, then Miranda and terror trials in federal court will remain "counterproductive" in their view. They need to put their money where their mouths are.
Speaking for me only
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