What happened it appears to me is that they got in with a bad crowd. This happens everyday all across the country to young people---drugs, gangs whatever.

First, the Obama administration has already rolled back Miranda rights for terrorism suspects captured on US soil. It did so two years ago with almost no controversy or even notice, including from many of those who so vocally condemned Graham's Miranda tweets yesterday. In May, 2010, the New York Times' Charlie Savage - under the headline "Holder Backs a Miranda Limit for Terror Suspects" - reported that "the Obama administration said Sunday it would seek a law allowing investigators to interrogate terrorism suspects without informing them of their rights." Instead of going to Congress, the Obama DOJ, in March 2011, simply adopted their own rules that vested themselves with this power, as reported back then by Salon's Justin Elliott ("Obama rolls back Miranda rights"), the Wall Street Journal ("Rights Are Curtailed for Terror Suspects"), the New York Times ("Delayed Miranda Warning Ordered for Terror Suspects"), and myself ("Miranda is Obama's latest victim").

[snip]

As controversial as this exception [the one decided in Quarles v. New York] was from the start (and as hated as it was among traditional, actual liberals), it was at least narrowly confined. But the Obama DOJ in 2011 wildly expanded this exception for terrorism suspects. The Obama DOJ's Memorandum (issued in secret, of course, but then leaked) cited what it called "the magnitude and complexity of the threat often posed by terrorist organizations" in order to claim "a significantly more extensive public safety interrogation without Miranda warnings than would be permissible in an ordinary criminal case". It expressly went beyond the "public safety" exception established by the Supreme Court to arrogate unto itself the power to question suspects about other matters without reading them their rights (emphasis added):

   "There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government's interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation."

That is what Graham advocated regarding Miranda: that Tsarnaev be interrogated about intelligence matters without Mirandizing him, and that's exactly what Obama DOJ policy - two years ago - already approved. Worse, as Bazelon noted: "Who gets to make this determination? The FBI, in consultation with DoJ, if possible. In other words, the police and the prosecutors, with no one to check their power." At the time, the ACLU made clear how menacing was the Obama DOJ's attempted roll-back of Miranda rights for terror suspects.

If the agents and prosecutors are confident they already have more than enough evidence to prove their (capital) case  . . .

Boston Marathon bombing suspect Dzokhar Tsarnaev has been captured and will face trial. But according to Department of Justice officials, he has not been read his Miranda rights -- to remain silent and to secure legal counsel -- because, as U.S. Attorney Carmen Ortiz explained, there's a "public-safety exemption in cases of national security and potential charges involving acts of terrorism."

That means certain statements Tsarnaev makes to interrogators prior to being advised of his Miranda rights will nonetheless be admissible in court. link