Club Gitmo Terrorists, Osama bin Laden and Afghanistan
Thursday, November 19, 2009 at 10:07AM Michael O'Brien / The Hill: Leahy: No need to interrogate bin Laden
Miranda Rights on the Battlefield Unconstitutional?
Soldiers have been ordered to issue battlefield Miranda rights to captured enemy combatants.
Rick Moran does an excellent job explaining the trouble with issuing Miranda rights to terrorists.
The administration, though, is in a pickle. Even if enemy combatants were issued Miranda rights on the battlefield, were they issued consistent with the Constitution?
Under Article I, Section 8[11] of the Constitution, only Congress is authorized: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."
If the Miranda rights were ordered by the administration without congressional authorization, are they unconstitutional?
Eric Holder had better identify explicitly the congressional authority, otherwise this may be yet another way for terrorists to escape justice under Article III courts.
Obama issued those orders for Miranda Rights on the battlefields of war without Congressional "law". Holder says they are unconstitutional. New York City is going to be fun especially now that Holder and Obama has came out in public and said that the terrorists from CLub Gitmo will be tried, convicted and executed. Aren't the liberals against execution?
Fred Thompson on Afghanistan: Fred Thompson: Afghan war 'has been lost'
“It really doesn’t matter how President Obama divides the Afghan baby, how he splits the difference between McChrystal and Biden. Because the war has been lost,” Thompson said on his radio show today. “I say this because of one sad and simple fact. The president does not have the will and determination to do what’s necessary to win it. His heart’s not in it, and never has been. The Taliban knows it. Al Qaeda knows it. Our allies know it. And the American people know it.
More at Memeorandum...
I suppose it makes Reid happy.
Leahy: We wouldn’t bother to interrogate … Bin Laden?
It all depends. Will he get Miranda Rights?
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