10 May 2010

Is Obama Caving?

From TPM:
[Attorney General Eric] Holder said on Meet the Press that the Administration wants to work with Congress to make the public safety exception to Miranda -- in which information from questioning before reading the Miranda warning can be admitted in court, in certain situations in which public safety is a concern - "more flexible."

As TPMmuckraker reported Friday, experts believe the Administration is already pioneering a robust use of the public safety exception to Miranda. In the case of Faisal Shahzad, the man who allegedly tried to set off a crude bomb in Times Square, FBI agents reportedly questioned him for three or four hours before reading him his rights.
The Obama administration's record on arresting, questioning and trying terrorism suspects should be commended. Their track record is stellar compared to the incompetent law-breakers of the Bush team. So this decision to make Miranda "more flexible" is quite perplexing.

Mr. President, you're a constitutional scholar. Explain to me, please, how you see such an approach holding up in a court of law?