Thursday, April 25, 2013

Obama's Justice Department torpedoes Boston bomber interrogation

Obama's Justice Department torpedoes Boston bomber interrogation

·         Obama Administration

·         April 25, 2013

·         By: Jim Kouri

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Some law enforcement officials are wondering if Obama and Holder compromised the interrogation of the Boston bombing suspect for political reasons.

Some law enforcement officials are wondering if Obama and Holder compromised the interrogation of the Boston bombing suspect for political reasons.

Credits:

WH Press Office

After being told that the surviving Boston terrorist bomber, Tamerlan Tsarnaev, would be interrogated by members of the FBI counterterrorism unit for up to 48-hours, as per the so-called public safety clause, without having to give him Miranda warnings, a federal magistrate judge and an attorney from the Department of Justice entered the suspect's hospital room unannounced early Thursday morning and proceeded to read him his rights, according to a federal law enforcement source close to the case.

According to the FBI National Academy, the strength of the Miranda decision is its clarity in its nearly unwavering protection of a suspect's Fifth Amendment protection against self-incrimination. The commitment to this rule is so strong that the Supreme Court has recognized only one exception to the Miranda rule -- the "public safety" exception -- which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.

According to the Supreme Court, the public safety exception is triggered when police officers have an objectively reasonable need to protect the police or the public from immediate danger. Because the standard is objective, the availability of the exception does not depend on subjective motivation of the officers. Legitimate concerns for officer safety or public safety prompting unwarned custodial questioning arise in a variety of contexts. A common factor that can be gleaned from the courts addressing this issue is the prior knowledge or awareness of specific facts or circumstances that give rise to the imminent safety concern that prompted the questioning.

A mere 16-hours after FBI agents began interrogating the surviving suspect in the Boston Marathon bombings, he stopped talking since he'd just been read his rights and refused to speak with interrogators without a defense attorney present, according to law enforcement officials.

Before being advised of his rights, the 19-year-old suspect told authorities that his older brother, Tamerlan Tsarnaev, 26, only recently had recruited him to be part of the attack that detonated pressure-cooker bombs at the marathon finish line, U.S. officials told Fox News Channel, according to Catherine Herridge, FNC's national security correspondent.

"It is being reported that the FBI was, in fact, making some headway in determining some facts about the bombings and the terrorists' contacts in the U.S., all for naught, as the Holder Justice Department ordered it, by way of the arraignment, to stop," according to Ed Polstein, director of Polecat Security Testing, LTD.

Former police commander and intelligence officer, Michael Snopes, claims that an investigation must be conducted to find out why the Obama Justice Department would torpedo a serious and important interrogation.

"There are so many questions added to the list that need probing. For instance, did the DOJ screw up its own investigation to avoid information coming out about Holder and Obama? Holder is on record saying he opposed the 'public safety exception' to the Miranda warnings," said Snopes.

Meanwhile, the New York newspapers are reporting that the two Chechen Islamist brothers were headed to New York "to party" after they detonated the two bombs killed three and injured 170 others at the Marathon finish line April 15.

"The information that we received said something about partying or having a party," Kelly said, citing what Dzhokhar told investigators. "The bit of information we have they may have been words to the effect of coming to party in New York" Police Commissioner Ray Kelly revealed today.

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Jim Kouri, Law Enforcement Examiner

Jim Kouri, CPP, the fifth Vice President and Public Information Officer of the National Association of Chiefs of Police, has served on the National Drug Task Force and trained police and security officers throughout the country. Contact Jim. What others are saying about Jim Kouri: Semana.com...

 

 

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