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ACLU Criticizes Obama, Holder Over Miranda Rights Proposal

May 17, 2010 by  

ACLU criticizes Obama, Holder over Miranda rights proposalIn the wake of the attempted bombing in New York City’s Times Square earlier this month there have been signals from the Obama administration that it would seek a new law to loosen the requirement that terrorism suspects be informed of their constitutional rights during interrogation.

Attorney General Eric Holder alluded to this during a string of appearances on network news shows on Sunday morning, and it has civil and human rights defenders up in arms.

For example, the nation’s top civil rights organization, the American Civil Liberties Union (ACLU), said the proposal, if it became legislation, would undermine the Miranda requirement that was ruled to be a constitutional right by the United States Supreme Court.

Director of the ACLU Washington Legislative Office Laura W. Murphy expressed her disappointment at what she saw was Holder’s suggestion that Americans should choose between their freedoms and security.

Jameel Jaffer, deputy legal director of the ACLU, added that "legislation that significantly undermined Miranda would be unconstitutional, as Mr. Holder should know as well as anyone. The Miranda requirement is rooted in the Fifth Amendment."

On May 1, Faisal Shahzad, a U.S. citizen of Pakistani descent, allegedly tried to blow up a car packed with explosives in the middle of Times Square in New York City. The attempt was unsuccessful and Shahzad was apprehended two days later as he was trying to leave the country on a a flight from JFK airport to Dubai.ADNFCR-1961-ID-19771275-ADNFCR

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  • s c

    It seems safe to say that the pot is calling the kettle black (or is the septic tank calling the toilet aromatic?). Whatever it is, it will be interesting while one herd or the other claims to be more concerned with what’s constitutional and which has sold its soul to the lowest bidder – again. P T Barnum never had a circus like this one, folks.

  • http://victorbarney@embarqmail.com Victor L Barney

    It just seems to me that nobody is being up-front about the agenda to complete the Marxist take-over of America! The movement now going on was started by the two weathermen out of Chicago in the 60′s that Charles Mansion took off. Now, they have put Obama in the White House, while these two-weathermen are in Africa. Why? It is all part of the weathermen movement predicted in Scripture where a small population of people will control the world in the end with the beast! Under 12% of the world’s population sounds small enough to me, especially when Africa makes up about 70% of U.N. nations, but without veto power! Isn’t it interesting that Obama would give them veto power?

    • trut

      the bible is for the uneducated masses to find worth in their lives

  • Terrie

    Since the New York terrorists is an American citizen, he is eligible to have his Miranda Rights read to him. We should not change that. What needs to be changed is the rules on who we let in this country.

    • What?

      I thought the terrorists tourist or visitors visa, or student visa was expired… wasn’t it?
      How is he considered an American citizen? Did I miss something?
      Am I thinking of a different terrorist?

  • Barbara

    Anyone who is a naturalized citizen can have his US citizenship revoked. It does not happen often but it has occurred. The grievance has to be very serious. I think terrorism, traitor would justify.

  • TIME

    Folks as we watch all the daily spin blast we get from our out of control Government, this is just one more wheel thats rolling to keep your eyes off the ball of whats really going on in the DC belt Way.

    On one hand this is good, the other its bad, This fellow is an American Citizen, thus he has rights granted under our Bill of Rights, as well he is still – “Innocent until proven Guilty.”

    Not the other way round as the Patriot act has it,
    “Guilty until proven Innocent.”

    As I said we have a fine line of law here, but these laws can not be played with as it that then opens the door so that anyone can be treated as a terrorist.

    FYI, Thats means you can be treated as a terrorist if someone wants to make that case. And your mug will be on CNN daily and you will be locked away with ZERO Rights that your granted under law of the Bill of Rights.

    Again this is a very Fine line here folks your rights are on that fine line and thats what this whole thing is all about.

    Please wake up and see the “BIG PICTURE.”

    That is we are now going through a period of many issues all not only made up to bring about the noted “CHANGE” but also leading to the same end results, (To make SLAVES out of the world,) and {the United States of America, “to make us Null and Void.”}

    To shut us down once and for all to end any form of “FREEDOM.”

    • Steve

      Are we sure that this terrorist actually has legal U.S. citizenship?
      Early on the news reports were just calling him a Pakastani with no mention of being a U.S. citizen.

  • Ted Crawford

    This is a very difficult situation. Under normal circumstances our best interests are served by, in 60 to 70% of the cases,siding against the ACLU. In this case we, seemingly, have two left wing groups disagreeing!
    What is of greatest concern is that holder and this administration must have nearly broken their necks with this sudden 180% turn! Why such a dramatic and sudden change?
    I feel that the only choice is to side with the Constitution and the Founding Fathers, irregardless of the fact that the ACLU,inexplicably,agrees. “Those who would trade their liberty for security deserve neither”

  • American Liberal

    Keep the constitution as it is…. If it says it’s a citizens ” right” then don’t change it….. My personal belief is everybody has rights…and being a foreigner shouldnt change the right to defend yourself or know what charges you are accused of…..do I believe a person should be held as long as the government wants without charges or being allowed a court date ? … No… Any person arrested or held deserves to know why and what the evidense is…and any person held deserves the right to a lawyer and the right not to answer questions till he’s seen a lawyer

    • CJ

      Interesting your own contridictions. You identify the rights are owned by a citizen, then you say everybody should be entitled to those same rights. Which is it? It would be the same as stealing $10M and being able to use it to buy the best legal defense to get you off the hook for stealing the money. Someone who doesn’t own or have entitlement to something (rights) should not benefit from it. They knew the consequences of breaking the law. That should be enough understanding of the “rules” for them. You liberals just never see you are causing more porblems than you are fixing.

  • American Liberal

    Cj… Rights are rights… You don’t get it?… I believe the constitution was written as to how All people should be treated….I believe it was intended as an example to other governments as to how they should treat their citizens …I don’t believe the founders thought rights were only for American citizens….cj.. Did that clear up your confusion?..i also think anyone arrested anywhere should have these same basic rights…. Is that the way it is?.. No… But we wish our citizens arrested in other countrys had access to the same rights our constitution provides…

    • TIME

      Nano, The Constitution clearly states the following, The People of the United states of America. I am quite clear on the meaning of it.

      As well the framers were “abundantly clear” as well,
      Note it dose not say the Citizend of the World,
      Nor the new World Order, nor One World Government.

      The Constitution applys only to those of us who live here in the United States Of America.

      But nice try at rhetorical Pretzel logic.

  • American Liberal

    I also think the ACLU is a goodthing…. Right or wrong , a government should always be questioned..and their should be somekind of organization that does the questioning….you may not always like the fights the ACLU decides to fight but you should be happy we live in a country that allows those fights to take place… Iran, and China would never allow the Aclu…. Aren’t we lucky to be Americans?.. I think so

  • TIME

    Nano, I disagree with you 100% on the aclu.
    But on that note, on this single issue they are on the border of Truth.

    The Bill of Rights and the Constitution are our as in
    “We the peoples” ability to question the Governments actions.

    As the sleeping Americans awake the politicians that have made the DC belt Way their home, had better pack their bags as the winds of real CHANGE are a coming and they are a coming very soon.

    As the American People are going to bring down these scum bags in November 2010, Marxist Progressives be they – Republicans or Democrats, or Independants.
    Their time is up so they are going home, then when we the people get back the country they all will be going somewhere else less plesant.

    I hope I have cleared these issues up for you.

  • 45caliber

    The American Civil Liberties Union was originally established to protect the rights of people as listed in the Consitution. Now it seems that the ACLU has been hijacked by liberals whose sole goal is to destroy the Constitution by denying rights to American citizens.

    But they certainly are concerned about the “rights” of non-Americans, aren’t they? Particularly “rights” that these non-Americans do not have even in their own countries.

    Miranda Rights were set up to give American citizens charged with crime a warning about what they might say and encourage them to get a lawyer for help. They were not and never were expected to be something used when capturing enemy during war. Why the ACLU is getting involved in this escapes me except that they seem to want to limit the US in the ability to bring war to an enemy.

  • 45caliber

    Yes, we do wish that our citizens could have the same rights in other countries as they do here. But they don’t, do they? So what makes it important that we give them the same rights that we have? Further, what makes it important that we give those rights to people fighting against our country?

    And I totally disagree with your idea that the Founding Fathers were trying to make a document for the whole world and expect us to treat everyone in the world the same as we are here. They were too concerned with coming up with a government that wouldn’t limit people’s rights – which is exactly what our government and the ACLU are trying to do here.

  • http://att.net Deborah

    The O’bama Administration wants to take Miranda Right’s away from American citizen’s. Since taking office, O’bama and Eric Holder, have done nothing but defend foreign terrorist and their civil rights. Since when did foreign enemy combatant’s have civil rights. We need to vote out all Anti- American politician’s–before they destroy our country.

  • http://www.comcast.net louiseanne

    Apparently many Americans are now finally reading the Constitution of the United States of America. Seeing as some teachers have not taught that history lesson, or avoided teaching that history lesson, we now have citizens saying derelict things about what our Founding Fathers wrote. If words in black and white founded this country and it clearly states The People of the United States of America,! They knew that the people flocking to our country would eventually become naturalized citizens and the Constitution would then be theirs too.
    Nowhere in black and white does it say The People of any country in the United States get the same Constitutional Rights as a legalized citizen. Show me where it does. Why would our Founding Fathers include the world when they fought hard and many died to get away from that other world? This country started with dirt under the fingernails of our ancestors and the many of them who died reaching our soil. Their love of our country is the sole reason they came here so they could stand proud , wave our flag, and express their love of country too. America. They did not come here to wave the countries flag where they came from, no, they could not wait to wave and pledge our flag. They had to come to the only country that states “One Nation , Under God, Indivisible with Liberty and Justice for all” and they knew to take advantage of those liberties and that justice that they had to become citizens. Let’s not let semantics rule over our Founding Fathers words. It would be foolish to do so. Every American knows better than to try to change our Founding Fathers words just as any DEVOUT CHRISTIAN OR ANY DEVOUT PERSON knows better than to change the words of the BIBLE. It just shows how arrogant and cocky some folks get to be when they can’t have life their way at the expense of others.
    Until recently , I, and I am sure many Americans and those trying to become Americans, have always held out the hand of our country to all. Why? Because people flocking into America wanted this fabulous and beautiful country to be theirs too. The question is: Why would Mexicans flock to this country from a country they hate, and then try to turn America that they love, into Mexico that they hate.? Anyone want to try to answer the question? And why would anyone from any country they cannot tolerate come here to enjoy the perfect life and then after getting here, try to kill the rest of us because they now claim they want to get rid of the original Americans and replace us
    with their mores, cultures, hatreds, etc. that came from the country they left and despise? Answer that question too.? And I know you may want to bring up the Indian population in your response and that is ok, but are you then saying because we made those mistakes in our judgement that now it is ok for someone to come into this country and give us back a taste of our own medicine? Is that what the argument is all about.?

  • http://gmail i41

    am lib, if you aren’t a citizen of the USA. Forget getting rights as a citizen, but then we never get to hear, what the heck you actually do in life, live off the taxper, your mama, are you a welfare rat, 30 year student living off of of grants, or some government wonk who does nothing. Taxpayers do not like illegals and lazy asses, living off of their taxed earnings, when I hear some body, piss and moan about they cann’t work. They can answer phones, just do something, you can sit in a chair and peck on a computer, you will not make a six figure salary but you will contribute to society. Since every damn liberal thinks we all need a saftey net under their behinds, why do that, they are too damn lazy to do anything, when there is no motivation. Hunger and a freezing butt motivates alot of people. When I see able body people begging for money, food, and shelter, not three hundred feet away there is a sign for a dishwasher. People like that will never change, put them in a house and they leave and go lie in the street. Tough shit for them, they are a drag and a waste on society. To damn lazy to even pick up traste and recycle it, for money.

  • Claire

    If a person commits any act of terrorism, then Miranda rights have no say in the matter, citizen or not. If this goes against the law, then change the law. The punishment must fit the crime. No one has the right to commit terrorism on American soil, it goes against my beliefs. I don’t care WHO they are. I am hard-nose on this issue.

  • Steve

    Who gives a sh’t what the ACLU thinks anyway! For the first time Obama is actually doing the right thing (imho) and the ACLU criticizes him. The ACLU can just kiss my a$$. Why don’t they pack up and leave for the middle east. The United Nations should get the h’ll out too!

    • Steve

      Instead of just reading the article, I should have read what Time said….. TIME says: May 17, 2010 at 7:35 am… before I posted above.
      I didn’t think the terrorist had legal American citizenship.
      so everybody can just disregard what I posted @8:16 about Obama doing the right thing. The part about the ACLU, and the United Nations getting the h’ll out of the U.S. still stands, and I humbly request that they take obama and holder with them.

    • Claire

      ACLU needs to be investigated themselves. Where do they get their money? I wish they would drop off the face of the earth. ACLU has been nothing but trouble for years. Yes, for once Obama is doing the right thing and now he will have ACLU all over him for this, and eventually Sharpton and Jesse Jackson. It is just a matter of time.

  • THOMAS STEWART

    Remember Obama And Holder Both Liars And Muslim, Yikees, Than Throw In ACLU Who Hate Proud Americans. Now Here Is The Quote Of The Manchurian Muslim Pres Obama, “No Body Made These G.I.s Go To War, They Had To Have Known And Accepted The Risk’s, Yikkeess Now These Returned G.I.s Whine About Bearing The Cost Of Their Choice”!! This Is The Imposter Of The Century, Do Not Let This Paperless President Change The Subject Enough Of His Famous Telepromter BS Speeches, Without A Social Security Card Is Enough To Impeach The Bum Now, Yippee. God Bless Our Brave Soldiers And Happy 4th Of July.

  • Tracy L in Smithfield, RI

    I think that if he was legally a citizen then we the United States of America should uphold the Integrity of our country and read this person his rights… I dont think that reading a few lines would make or break a person. He may be a terrorist but WE R THE BETTER PLAYERS in this game called life! If he wasnt a US citizen then NO! he wouldnt deserve the rights of the UNITED STATES OF AMERICA CITIZENS!

    Unfortunately there is just no real way to tell that who is coming into this country is legit or terrorist! Just pray to God that they come in peace and look for FREEDOM!
    :) Thanks!

  • gene willis

    is obama the anti-christ? NO,HE IS ANTI AMERICAN.AND SHREDDING THE CONSTITUTION PROVES JUST THAT.THE PASSING OF THE NDAA PUTS THIS COUNTRY ON THE PATH TO A DICTATORSHIP NOT SEEN SINCE HITLER BECAME CHANCELOR.BUSH STARTED THIS WITH THE PATRIOT ACT AND NOW,OBAM WITH THE HELP OF OTHERE TRAITORS TO THIS NATION PASSED THE NDAA LAW.THE ACLU IS UP INARMS ABOUT IT,COMING FROM THEM IS LAUGHABLE AT BEST.SAY GO BY TO YOU’R FREEDOM AND HELLO TO TYRANY.

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