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O'Reilly baselessly claims troops are Mirandizing detainees

June 12, 2009 3:38 pm ET

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SUMMARY: Bill O'Reilly falsely asserted that the Obama administration has reportedly ordered "military people" to read Miranda rights to detainees in Afghanistan. In fact, the FBI -- not military personnel -- reportedly have been Mirandizing detainees in specific instances.

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On the June 11 edition of The O'Reilly Factor, host Bill O'Reilly falsely asserted that Rep. Mike Rogers (R-MI) reportedly "says the Obama administration is now ordering military people to read captured Taliban and Al Qaeda their rights in Afghanistan." In fact, the Weekly Standard article that reported Rogers' claims said that, according to Rogers, "the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan." It did not say that military personnel had been ordered to read Miranda rights to detainees. Additionally, on the June 10 edition of Special Report, Fox News national security correspondent Jennifer Griffin reported: "U.S. commanders tell Fox soldiers are not reading Miranda rights to detainees, but those commanders could not speak to the FBI doing so."

Additionally, on the June 10 edition of Special Report, Stephen Hayes, who wrote the Weekly Standard article reporting Rogers' claims, stated: "Well, it's interesting that back in the campaign, if you remember, this was a punch line for Republicans. You know, Barack Obama would like to read detainees their Miranda rights. And now we find out that this is, in fact, happening." Hayes then added: "There are reports that this was happening on specific bases as going back as early as July 2008. But what Mike Rogers seems to be saying is that this is happening on a more consistent basis, and that the FBI and the Justice Department don't want to talk about it." Additionally, Griffin reported that "[t]he Justice Department saying tonight that detainees at Bagram have been Mirandized in the past." Griffin also stated that Justice Department spokesman Dean Boyd stated that "[t]here has been no policy change nor blanket instruction issued for FBI agents to Mirandize detainees overseas" and that "there have been specific cases in which FBI agents have Mirandized suspects overseas at both Bagram and in other situations in order to preserve the quality of evidence."

As Media Matters for America noted, on the June 10 edition of Fox News' Hannity, just hours after Hayes reported that that the FBI also Mirandized people at "specific bases" during the Bush administration, Fox News contributor Newt Gingrich described "[t]he idea that we pick up, in a war zone, a terrorist" and read them Miranda rights as "unimaginable. It's worse than anything Jimmy Carter ever did. It's worse than anything that President Bill Clinton ever did." Neither Gingrich nor host Sean Hannity noted Hayes' assertion.

From the June 11 edition of Fox News' The O'Reilly Factor:

O'REILLY: In "The Kelly File" segment tonight: four interesting situations, beginning with an accusation by Congressman Mike Rogers from Michigan, who says the Obama administration is now ordering military people to read captured Taliban and Al Qaeda their rights in Afghanistan. That means they're telling the terrorists that they have a right to remain silent.

With us now attorney and Fox News anchor Megyn Kelly. So, what's this all about?

KELLY: Yeah, exactly what you said. They're telling the FBI in particular --

O'REILLY: But why? Why would they do this?

KELLY: Because Barack Obama is changing our approach in the field when it comes to prosecuting or going after terror suspects, and it's a designed change and this is part of it. He views these terror suspects as criminals, not necessarily as terrorists. And so, he's making a shift to sort of the way we were pre-9-11, where we would treat them as criminals; we would have the FBI and law enforcement deal with them, as opposed to the CIA and our military intelligence deal with them.

O'REILLY: OK. Now is that smart if they're going to bring these guys to civilian court as this guy was brought to New York City last week, because then they can say to the jury: We Mirandized them.

KELLY: Yeah. Well, listen, my view is, if you've a problem with this, with him telling the FBI to Mirandize these guys --

O'REILLY: Yeah?

KELLY: -- your problem is not really with that policy; your problem is with the fact that they're going to get trials here in American courts.

O'REILLY: But --

KELLY: If they're going to get trials here in American courts, then they do need Miranda.

O'REILLY: Then they have to get them or the --

KELLY: But they --

O'REILLY: -- 'cause the judge would throw it out in a minute.

KELLY: But if we would just keep them at Gitmo, or give them to military tribunals or court martials or whatever, it would be a different story.

O'REILLY: Well, we all know -- all of us who are sane -- that military tribunals is the way to handle this, but we're not living in that kind of a world anymore. However, the downside is you capture a Taliban and an Al Qaeda --

KELLY: Yeah.

O'REILLY: -- you can't ask them any questions.

From the June 10 edition of Fox News' Special Report with Bret Baier:

GRIFFIN: A senior Republican on the House Intelligence Committee is accusing the Obama administration of quietly ordering the FBI to start reading Miranda rights to suspected terrorists at U.S. military detention facilities in Afghanistan. The move, according to Congressman Mike Rogers, is reportedly creating chaos in the field among CIA, FBI, and military personnel.

The soldiers especially, he says, are frustrated that giving high-value detainees Miranda rights -- the right to remain silent, the right to an attorney -- is impeding their ability to pursue intelligence on the battlefield. The story was first reported by The Weekly Standard.

ROGERS: What I found was lots of confusion and very frustrated people on the front line who are trying to, well, make Afghanistan successful for the United States and its allies.

GRIFFIN: Rogers, a former FBI special agent who served in the U.S. Army, currently sits on the House Intelligence Committee. He just returned from Afghanistan and a visit to Bagram airbase where he said the Miranda rights are being read.

ROGERS: I have witnessed it myself, talked to the people on the ground. What you had is two very separate missions colliding in the field in a combat zone. And, again, anytime that you offer confusion in that environment, that is already chaotic and confusing enough, you jeopardize the -- a soldier's life.

GRIFFIN: U.S. commanders tell Fox soldiers are not reading Miranda rights to detainees, but those commanders could not speak to the FBI doing so. The practice has not been instituted at detention facilities in Iraq or at Guantánamo Bay, according to senior U.S. military officials.

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    • Author by seeryer (June 12, 2009 4:03 pm ET)
      2  
      Republicans see what they want to see. They hear what they want to hear. But they can't comprehend a damn thing that they read.
      Report Abuse
      • Author by carlileb5935 (June 12, 2009 5:53 pm ET)
        1  
        They don't need to. All they need to know how to do is say the word "jump," and then everyone around them does.
        Report Abuse
        • Author by Col. Harlan Sanders (June 12, 2009 7:48 pm ET)
          4  
          Amazing to me what scares right wingers the most. Miranda Rights are that frightening?

          I guess the average Factor Fan isn't supposed to think about it too much, the idea that maybe this is being done in select cases, after a lot of thought, when it's decided that it might help with the case against the detainee.

          I heard this late/mid-morning yesterday, a report that this BS was being pushed,it was already being corrected at that time.

          Several hours later, in the afternoon, I tuned in Hannity's radio show, and he had Grampy McCain on the phone. Hannity repeated this line , several hours after it had been debunked, asking McCain how he felt about it.

          Grampy did a little CYA, with that creepy laugh of his, and told Seannie that he'd like to see some evidence, some corroboration, to back up what Sean was saying.Then he giggled some more. It was obvious that he knew Hannity was full of crap, but he wasn't willing to tell Hannity.

          I really used to hope that McCain would be able to redeem himself following the election,maybe distance himself from some of these dimwits, but he just seems determined to go to his grave as part of the GOP machine.
          Report Abuse
          • Author by snoopy (June 12, 2009 8:03 pm ET)
            2  
            I guess the thought of treating people equally in the eyes of the law is a problem for them. Especially since most of the outlandish violations of law and the application of were done by people with money...
            Report Abuse
            • Author by fairliberal (June 13, 2009 12:33 am ET)
                4
              Did Kerry and Kennedy participate in those decisions? , how about Pelosi or Rockefeller? Maybe you should lhttp://www.freerepublic.com/focus/f-news/1539821/postsook at this.
              Report Abuse
              • Author by Col. Harlan Sanders (June 13, 2009 3:19 am ET)
                2  
                Faillib, are you really linking to Freerepublic? The site that Conservofascist terorist Von Brunn posts at?

                Might wanna give it a few days.
                Report Abuse
                • Author by fairliberal (June 13, 2009 8:17 am ET)
                    4
                  Are you denying that the dems are actually the wealthiest of our politicians. Libs constantly point to the wealth of reps but it is the dems who have the most money among our pols. I will link to whomever tells the truth about it.

                  Once again snoopy's post is misleading, intentionally of course.
                  Report Abuse
                  • Author by loonz (June 13, 2009 9:14 am ET)
                    2  
                    So will you help us in raising the tax rates back to where they were before Reagan took office to screw those Dems?
                    Report Abuse
                    • Author by fairliberal (June 13, 2009 10:26 am ET)
                        3
                      Obama is on pace to rank right up there with the Carter administration. In an economic sense for now....
                      http://www.wnd.com/index.php?pageId=37555


                      BTW, your user name is well chosen.
                      Report Abuse
                      • Author by seeryer (June 13, 2009 10:38 am ET)
                        1  
                        WND and Free Republic links in one thread, very imprssive. I am sorry for insulting you earlier by insinuating you might visit RS. These are much more illuminating. I will take a page from GWB on this, lets let history decide. Not a right wing, no cred site like WND or FP making projections after five months.
                        Report Abuse
                        • Author by fairliberal (June 13, 2009 12:57 pm ET)
                            3
                          Neither of those sites are making any projections after 5 months, if you had looked you would have seen the articles were written long before Obama.
                          Report Abuse
                      • Author by loonz (June 13, 2009 1:53 pm ET)
                        2  
                        The declining of wages and benefits and therefore, the middle class took place when Reagan came into office. I don't know why he is remembered by some as a good president (it may be the Soviet union stuff). He let big business trample all over workers.
                        Report Abuse
                      • Author by hurricaneyankee52983 (June 13, 2009 5:15 pm ET)
                        1  
                        fairliberal, from readin your posts over the last few months your name is a misnomer, you are neither fair or liberal. You swallow the propaganda put out by LIMBAUGH, HANNITY, BECK and the rest of those RIGHT WING crackheads and throw it up back here on this site. Do some real research, wake up and see the light.
                        Report Abuse
                  • Author by Easy to refute wingnuts (June 15, 2009 8:22 am ET)
                       
                    Are you denying that the dems are actually the wealthiest of our politicians
                    Yes. You tried that argument last week, got your ass handed to you, and as soon as the butt scars heal, here you are, trying it again as if nothing happened.

                    The inability to learn from one's own mistakes is a sign of mental illness. get help soon.
                    Report Abuse
                    • Author by fairliberal (June 15, 2009 10:45 am ET)
                         
                      Well I linked to info back then that supported my claim. What have you shown that refutes it? The answer, nothing at all. Once again you are clueless and refute nothing. Your user name shows you to be a fraud.
                      Report Abuse
          • Author by worrierking (June 12, 2009 9:22 pm ET)
            5  
            Notice how Newt says it's unimaginable" and worse than anything Carter or Clinton did. He skipped right over St. Ronnie and George the first.

            I guess reading terrorists their Miranda rights is bad but not as bad as selling arms to terrorists.
            Report Abuse
            • Author by seeryer (June 13, 2009 12:00 am ET)
              2  
              Imagine if 140 US Troops were killed in a terrorist attack in the Middle East and Obama said we shouldn't have been there in the first place? Rush would never need to snort Viagra again. O'Reilly would never have to withdrawl from the Mackris Spank Bank when he sodomizes his wife. They wouldn't be able to wait to get on air and rip the hell out of him. Now they talk about "What would Reagan do?", what a joke.
              Report Abuse
    • Author by 4idiots (June 12, 2009 9:57 pm ET)
         
      Whats new he's slanted as a roof. Some people are innocent and maybe in the wrong place at the wrong time. Oriely thinks everyone is guilty but himself, he's protecting the folks.
      Report Abuse
    • Author by scanlontodd9871 (June 12, 2009 9:58 pm ET)
      2  
      I thought Megyn Kelley was an attorney. In her statement she was talking to Billo about tribunals Courts amrtials and whatever. Even if we put these terroists up on courts martials they still need to be mirandized. I cant stand watching faux news anymore it is just getting to over the top for me.
      Report Abuse
      • Author by fairliberal (June 12, 2009 11:11 pm ET)
          5
        Terrorists cannot be tried by court martials, they are legal proceedings against members of the armed forces. Terrorists would be tried by military tribunals , where no miranda rights are provided.

        But what a scoop by MMFA they correctly point out that O'Reilly used the wrong words to introduce the story. Wow, what a scoop. However the gist of the story and the analysis that followed was accurate.
        Report Abuse
        • Author by loonz (June 13, 2009 9:29 am ET)
          2  
          O'Reilly lied and said military people are reading Miranda rights to suggest this was something happening on the battlefield when no such thing is taking place. The rest of the conversation is not particularly important.
          Report Abuse
          • Author by fairliberal (June 13, 2009 10:19 am ET)
              2
            What a stupid opinion that is.
            Report Abuse
            • Author by friedbergboy1422 (June 13, 2009 11:05 am ET)
              2  
              He lied, FL. Petreaus addressed this issue in his speech yesterday, clearly said this wasn't happening and O'Reilly still lied. Why?
              Report Abuse
              • Author by fairliberal (June 13, 2009 12:00 pm ET)
                  4
                Nope, he confirmed that the FBI was doing it , he said our forces were not. And O'Reilly correctly reported that Rogers made the claim. Listen again, you might realize that it is MMFA that is lying when they claim that is is O'Reilly that is saying it. And the report repeatly identifies the FBI.

                Did Petreaus deny that is was being done by the FBI?
                Report Abuse
                • Author by mikehuck1976 (June 13, 2009 1:28 pm ET)
                  2 1
                  I noticed "fair"-liberal that you forgot to explain to us all on the last O'Reilly thread why he was covering the gay penguin story instead of Von Brunn (you know the guy who uses the same websites as you to justify his nutty beliefs). You ran off and showed back up here on a different O'Reilly thread.

                  So, I would like to give you another opportunity to explain yourself. You were all up in arms (as was your hero O'Reilly) that you felt the murder of the military recruiter was not getting more coverage than the murder of Tiller the day after the recruiter was attacked. Are you now saying the old news gay penguin story deserved more coverage than the Von Brunn story? That your hero O'Reilly was justified just days after making this accusation of the media to give the penguin story more weight than the attack on the Holocaust museum? Please explain yourself without showing yourself to be a close-minded, partisan hack. We'll wait.
                  Report Abuse
                  • Author by mikehuck1976 (June 13, 2009 1:30 pm ET)
                    1  
                    In fact, if I remember correctly you followed LuLu around from one thread to another attacking him because he dared suggest that there was a legitimate reason to cover the Tiller story more than the military recruiter. So, I would LOVE to hear your explanation of your hero O'Reilly covering the penguin story that does not include an admission that he is a right-wing smear merchant.
                    Report Abuse
                  • Author by fairliberal (June 14, 2009 11:21 am ET)
                      2
                    Totally bogus argument Mike. Fox covered the museum killing all day long. In fact MMFA highlighted remarks by Smith , Herridge, Henneberg, Cavuto, Peters, and also O'Reilly. All on the day that the murder happened. And it has also been covered since the day it happened. Are you suggesting that it should have been the only topic of the day? Should they have ignored everything else. O'Reilly made his comments after 2 days or so had elapsed after the Long and Tiller murders. The fact is that Fox gave the museum murder more coverage in the first few hours, then CNN did the Long murder in 2 days. And I only mentioned the people that I knew had covered the story, I am sure that the others whom I do not watch also did, but that is just an assumption.

                    So O'Reilly spent a minute or 2 on the penguins, and they spent hours on the murder story.
                    Report Abuse
                    • Author by Easy to refute wingnuts (June 15, 2009 8:26 am ET)
                      2  
                      The fact is that Fox gave the museum murder more coverage in the first few hours
                      Assuming facts not in evidence is a long standing FL tradition of illogic and lies. I'm glad you did not disappoint your many fans when they request the golden oldies and standards you employ so well.
                      Report Abuse
                      • Author by fairliberal (June 15, 2009 10:42 am ET)
                          1
                        Once again you are clueless. And once again you do not refute anything.
                        Report Abuse
                • Author by loonz (June 13, 2009 1:59 pm ET)
                  1  
                  What Rogers said is a lie and O'Reilly repeated it. That makes him a liar because he was intentionally misleading his audience by repeating Rogers' lie.
                  Report Abuse
                  • Author by fairliberal (June 13, 2009 3:33 pm ET)
                      2
                    No O'Reilly reported what Rogers had said and then discussed the issue with an attorney. Perhaps you should read again. O'REILLY: In "The Kelly File" segment tonight: four interesting situations, beginning with an accusation by Congressman Mike Rogers from Michigan, who says the Obama administration is now ordering military people to read captured Taliban and Al Qaeda their rights in Afghanistan. That means they're telling the terrorists that they have a right to remain silent.

                    Report Abuse
                    • Author by loonz (June 13, 2009 4:48 pm ET)
                      1  
                      O'Reilly could have said: "Rogers claimed Obama is having the troops read Miranda rights to captured Taliban but as we all know this is a complete lie". For some reason he did not feel the need to point out that it's a lie.
                      Report Abuse
                      • Author by fairliberal (June 14, 2009 10:05 am ET)
                          2
                        And MMFA could have said that O'Reilly repeated Roger's false claim but they didn't , they attempted to portray it as O'Reilly's remark. It's not difficult to fool people like you, obviously their lie worked.
                        Report Abuse
    • Author by egb (June 13, 2009 1:22 am ET)
      2  
      The problem with Mirandizing the battlefield combatants is
      that they are instantly transformed into plain old
      criminals, Obama's intention being to bring them to trial under American law (Miranda has no meaning in any other legal system). That being the case, after being captured for
      killing a couple US soldiers on the battlefield, they
      get hauled back to -- where -- to have a trial. Let's
      say New York. Then the ACLU gets involved to defend the
      guy, requests tons of information and wants to depose
      all of the troops and officers involved in his capture -- otherwise, it wouldn't be a fair trial -- and spends
      lots of your money gathering evidence from the CIA, NSA, Pentagon, White House, Nancy Pelosi's office and who
      knows where else.

      When it's all done, we find that the some army private
      asked the alleged terrorist a question while he was
      confined, a mistrial is declared and we start
      all over again.

      Not only that, but there's this other issue that might
      arise. If enemy battlefield combatants are criminals, then
      by American law, they are innocent until proven guilty.
      What right do we have to murder them on the battlefield
      with cannons? For that matter, what right do we have to
      murder innocent terrorists who haven't fired a shot at
      us with predator missiles and who is ultimately
      responsible for that murder? We are killing "alleged
      terrorists" in their sleep with missiles fired from
      predator drones so this question is anything but
      academic. Who is responsible for that? Should that
      person be put on trial now?
      Report Abuse
      • Author by fairliberal (June 13, 2009 1:29 am ET)
          4
        Yes those drones are troublesome. I guess Obama and Biden are war criminals too. Imagine that, killing innocent terrorists.
        Report Abuse
        • Author by Col. Harlan Sanders (June 13, 2009 4:37 am ET)
          1  
          WTF is an innocent terrorist? Have you just given up trying to make sense?
          Report Abuse
          • Author by fairliberal (June 13, 2009 7:17 am ET)
              5
            Well obviously you didn't bother to read the post I was responding to.
            Report Abuse
            • Author by Col. Harlan Sanders (June 13, 2009 4:24 pm ET)
              2  
              I did read it.Are you trying to say there's some context where "innocent terrorists" makes sense?
              Report Abuse
              • Author by worrierking (June 13, 2009 9:49 pm ET)
                2  
                FL lives in a word where everything is black or white except for some things that are both black and white, like an innocent terrorist.

                The post he refers to does bring up some interesting problems where there doesn't seem to be a right or wrong answer.

                Most of the situations are all a part of waging war which is never good or bad, black or white, right or wrong. This doesn't sit well with the "with us or against us crowd". But then nothing sits well when your seat is never dry.
                Report Abuse
                • Author by Col. Harlan Sanders (June 14, 2009 2:35 am ET)
                  2  
                  fvcking poet. When's the big six-oh, you haven't answered?
                  Report Abuse
                  • Author by worrierking (June 14, 2009 8:15 am ET)
                    1  
                    The first day of the month named after the first Emperor of Rome.
                    Report Abuse
              • Author by fairliberal (June 14, 2009 10:02 am ET)
                  2
                I guess the concept of sarcasm is difficult for you to comprehend.
                Report Abuse
      • Author by worrierking (June 13, 2009 1:05 pm ET)
        3  
        What takes place on a field of battle has nothing to do with what happens after the shooting stops.

        Then we care for our wounded, bury our dead, care for wounded enemy soldiers and treat those captured on the battlefield humanely.
        Report Abuse
        • Author by loonz (June 13, 2009 2:03 pm ET)
          2  
          That's basically it. What happens in the battlefield is different from what happens off the battlefield - us having them in custody.
          Report Abuse
    • Author by jmh (June 13, 2009 12:03 pm ET)
      2  
      do republicans know the difference between a war-zone and a
      battle-field ?
      Report Abuse
      • Author by hurricaneyankee52983 (June 13, 2009 5:22 pm ET)
        2  
        "Do REPUBLICANS know the difference between a war zone and a battlefield?" NO,too few REPUBLICANS have ever fought on a battlefield.
        Report Abuse
    • Author by jcalton (June 13, 2009 1:15 pm ET)
      2  
      If you're going to try someone--ultimately--in a U.S. court of law, you darn well better read them their Miranda rights.
      Presumably Faux News would rather see us letting off terrorists on technicalities.

      Also, what do they care? You could read them their rights, then torture them, and throw those rights out the window. Worked for Bush.
      Report Abuse
      • Author by fairliberal (June 13, 2009 2:02 pm ET)
          4
        Presumably you didn't listen, Kelly pointed out that very fact.
        Report Abuse

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