Quick Fact: Wash. Times editorial falsely claimed Obama "instructed" FBI to begin Mirandizing suspected terrorists captured overseas
In a November 18 editorial, The Washington Times falsely claimed that in May 2009, the Obama administration "instructed the FBI to begin giving Miranda warnings to terrorists captured overseas."
From the November 18 Washington Times editorial:
The defense can argue that the entire process leading up to the trial has been illegal and everything derived from it is the "fruit of the poisonous tree." The Sheikh was picked up in March 2003 in Rawalpindi, Pakistan, by a combined team of Pakistan Military Intelligence and CIA operatives. The legality of his transfer to U.S. custody is murky. He reportedly was not read Miranda rights at that time and was refused a lawyer when he asked for one.
This is critical because in May 2009, the Obama administration instructed the FBI to begin giving Miranda warnings to terrorists captured overseas as part of the "global justice" initiative. It would be difficult for the prosecution to justify how the Sheikh was treated when it contradicts current administration policy.[The Washington Times, 11/18/09]
Fact: Bush administration reportedly initiated Mirandizing suspects overseas
On the June 10 edition of Fox News' Special Report, The Weekly Standard's Stephen Hayes, whose June 10 article reported that 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," stated that "[t]here are reports that this was happening on specific bases as going back as early as July 2008." Additionally, Fox News national security correspondent Jennifer Griffin reported that "[t]he Justice Department saying tonight that detainees at Bagram have been Mirandized in the past." Griffin further 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."
Did they or didn't they MMfA?
Conservatives believe we can just keep people locked up forever without charges or a trial. Then we find out denying the suspects a speedy trial is a major reason why we will have difficulty trying terrorists in court.
Conservatives have been arguing that because the Bush Administration screwed up so much and for so long (they put it more sweetly than that) that it would be better to just hold the suspects in US custody without charges forever. Its just too hard to try them in military tribunals or civilian courts.
The FBI claims that they warned the Bush Administration very early about the dangers they were doing and nobody in the Bush Administration cared. All of this could have been prevented if somebody in the Bush Administration could have looked one minute into the future. Yep, it must be all Obama's fault. Serves him right for having integrity - yech!
And if anything goes wrong with these trials, it will be Obama who takes the fall - because he picked the fairest and most appropriate way available to conduct trials. Imagine the nerve of that guy!