Litigation

Terror Arrest Sparks Renewed Debate over Rights

By Peter Hardin

The capture of a suspect in an attempted car bombing at New York City’s Times Square has sparked a renewed debate about the rights of accused terrorists.

When Faisal Shahzad was arrested, he was interrogated without a reading of his Miranda rights to remain silent. That was based on a public safety exception, federal officials said. He talked to authorities, and once they concluded there was no imminent threat, Shahzad was informed of his Miranda rights. He waived them and kept talking, according to a New York Times article.

Sen. John McCain of Arizona and some other Republicans said Shahzad was read his Miranda rights too quickly.

?When we detain terrorism suspects, our top priority should be finding out what intelligence they have that could prevent future attacks and save American lives,” McCain said. ?Our priority should not be telling them they have a right to remain silent.?

Rep. Adam Smith, a Washington Democrat, offered a different emphasis. ?We have proven in this country for a long, long time that you can get very valuable information out of people after you Mirandize them,? he said.

Some Republicans wanted Shahzad treated as an enemy combatant, allowing his indefinite detention. He is a naturalized American citizen, however. According to the Times, the Supreme Court has ruled “that an American citizen captured in Afghanistan could be detained as an enemy combatant,” but the article added, “it is not clear whether that would apply to citizens detained on American soil.”

In this new round of debate, not everyone staked out an expected position. Fox News commentator Glenn Beck said Shahzad was due his rights.   ?He?s a citizen of the United States, so I say we uphold the laws and the Constitution on citizens,? Mr. Beck said. He added:

?He has all the rights under the Constitution. We don?t shred the Constitution when it?s popular.?

New York Magazine’s Daily Intel summed up the debate with this headline: “Nobody Backs John McCain on Suspending Miranda Rights for Times Square Bomber.” In Huffington Post, Brian Levin’s commentary was entitled, “Exception to Miranda Takes Center Stage in Times Square Plot.”

A Fox News article was headlined, “Military Commission May be Out for Alleged Times Square Car Bomber.” Unless Shahzad can be tied to Al Qaeda, he may not be prosecuted before a military commission because he is a naturalized citizen, and Congress does not permit prosecution of a U.S. citizens before such a commission, the article said.

The latest debate recalls controversy last winter over the appropriate forum to try Umar Farouk Abdulmutallab, accused of an attempted airliner bombing on Christmas Day. See Gavel Grab to learn more about that debate, and click here for earlier Gavel Grab posts about the broader controversy over trying terror suspects.

Full post as published by The Gavel on May 05, 2010 (boomark / email).