Regarding Miranda And Other Policies, Hannity Wonders If Obama Will Learn “That George Bush Was In Fact Right”

HANNITY: See, I think we now need -- we need to have another debate in this country about rendition, about black sites, about enhanced interrogation. And I've got to wonder if a president that was so reluctant to say “war on terror,” you know -- overseas contingency operations, a president that told our sworn enemies about our interrogation techniques, a president that was going to give a civilian trial to KSM, a president that offered Miranda warnings to enemy combatants on the battlefield -- you've got to wonder, do you think President Obama learns from this that George Bush was in fact right? That this led to this victory, albeit nine and a half years later, but America found him. And it's a message to every terrorist around the world. [Fox News, Hannity, 5/3/11]

But The Policy Of Mirandizing Certain Detainees In Very Limited Circumstances Began Under Bush

Wash. Post: Certain Detainees Under Bush “Were Read Rights Similar To A Standard U.S. Miranda Warning.” From The Washington Post:

Officials said most of the detainees talked to FBI and military interrogators, some for days, others for months, while one or two rebuffed them. The men were read rights similar to a standard U.S. Miranda warning, and officials designed the program to get to the information the CIA already had gleaned by using waterboarding, which simulates drowning, and other techniques such as sleep deprivation, forced standing and the use of extreme temperatures. [The Washington Post, 2/12/08]

Justice Dept. Spokesman: “There Has Been No Overall Policy Change With Respect To Detainees.” From Justice Department spokesman Dean Boyd, via Greg Sargent of The Plum Line:

“There has been no policy change and nor blanket instruction issued for FBI agents to Mirandize detainees overseas. While 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 obtained, there has been no overall policy change with respect to detainees.” [The Plum Line, 6/10/09]

FBI Director Mueller: “Regarding Miranda, There Has Been No Policy Change And No Blanket Instruction Issued For FBI Agents To Mirandize Detainees Overseas.” From PolitiFact.com:

[A]ccording to a story in the Australian , [U.S. Army General David] Petraeus said the FBI was continuing the practice of reading detainees their rights in a limited number of cases where accused militants would face trials in civilian courts.

Those sentiments were echoed in a more detailed June 12 letter sent by FBI director Robert S. Mueller III to U.S. Rep. Frank Wolf, and forwarded to [Michigan Congressman Mike] Rogers.

“Regarding Miranda, there has been no policy change and no blanket instruction issued for FBI agents to Mirandize detainees overseas,” Mueller wrote. “For years, FBI agents have been trained to analyze whether Miranda is appropriate to use on a case-by-case basis and to consider providing Miranda warnings if prosecution in the United States may occur. For detainees held in military custody overseas, approval by the Department of Justice is required before Miranda warnings may be given.

”There are cases in which FBI agents have provided Miranda warnings to persons captured and held overseas, at Bagram and elsewhere. In those cases, a determination was made that a prosecution in ... court may be in the interest of national security and that providing Miranda warnings ... was therefore desirable to maximize the likelihood that any resulting statements would be admissible at trial. In practice, Miranda warnings have been provided to Bagram detainees in only a small handful of cases out of over 4,000 individuals detained and interrogated by the FBI."

Mueller went on to explain that the “Global Justice” proposal is intended to improve collaboration between military and law enforcement officials relative to terrorists overseas. The proposal is still preliminary, he stated, and would “ensure, when possible that intelligence is gathered in a manner that best preserves future options vis-a-vis the individual terrorist at issue, including gathering evidence in a manner that ensures its integrity in the event a prosecution becomes the most desirable approach. Far from a policy change, the proposal would focus on the best way to manage and deploy interagency teams overseas, train the teams, and provide them forensic support. The proposal has never had any connection to changes in FBI policy on when Miranda warnings should be administered to detainees overseas.”[PolitiFact.com, 7/14/09]

Hannity Has Previously Pushed This Misleading Attack

Gingrich: Mirandizing Detainees Is “Worse Than Anything Jimmy Carter Ever Did. It's Worse Than Anything That President Bill Clinton Ever Did.” From the June 11, 2009, edition of Fox News' Hannity:

HANNITY: But The Weekly Standard is reporting tonight that the Obama Justice Department -- and now we're gonna show tape of Obama saying he'd never do this, that's coming up a little bit later on the show -- that he quietly ordered FBI agents to read Miranda rights to high-value detainees captured or held at U.S. detention facilities in Afghanistan, according to Mike Rogers.

GINGRICH: This is -- Congressman Rogers on the Intelligence Committee was in Afghanistan. This report in The Weekly Standard is unimaginable. It's worse than anything Jimmy Carter ever did. It's worse than anything that President Bill Clinton ever did.

The idea that we pick up, in a war zone, a terrorist, and the first thing we do is say to them, “We want to make sure you understand your rights. You have the right to remain silent. You have the right to an attorney.” [Fox News, Hannity, 6/11/09]