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View Diary: Lindsey Graham (Dipshit-SC) is a Threat to the Rule of Law (198 comments)

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  •  Not about Miranda, its about the Courts, specifica (2+ / 0-)
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    StrayCat, Kentucky DeanDemocrat

    lly not wanting to accord due process and the 4th, 5th, 6th, 8th and 14th As protections just bc why call something 'terrorism'.  IOW, literally only following the Constitution when we want to.  It makes a mockery of everything the Founders did.  

    As John Adams said: "Liberty sahll Rule in America!"  Liberty is not just freedom.  It is also Rule of Law, "ordered liberty" as Judge Hand put it.

    BTW, as 25 plus year criminal lawyer, I am very well aware of the existence - and limits - of all the Miranda exceptions.  While the Admin. at least recognizes the public safety exception is temporary limited (and a short time at that, measured in days at most), I am not at all convinced that what has expressly stated to be a deliberate attempt to circumvent Miranda as an investigative tool - for the purpose of securing evidence for trial - is constitutional.  The caselaw sees it more as used to locate and nuetralize immediate threats and omits statements thus secured from Miranda bc the purpose is not to secure evidence for trial.  It is the WHs apparent intent to make that more than an incidental consequence which is problematic.  

    But then I doubt DOJ will needs his statements to get convictions.

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