McCain: Giving Shahzad his Miranda rights would be “a serious mistake”

posted at 2:20 pm on May 4, 2010 by Ed Morrissey

Via the Right Scoop, Senator John McCain presents the other side of the Miranda-warning debate for Faisal Shahzad. Don Imus presses him lightly on the suggestion that giving Shahzad a Miranda warning would be “a serious mistake,” but doesn’t get much in the way of specifics from McCain. The Senator says that there are legal ways of delaying the warning, but those apply when the US believes an attack is imminent. Otherwise, nothing said by a suspect can be used in court, and since Shahzad is an American citizen arrested in the US, military commissions would be out of the question. Besides, Shahzad will apparently be in court this afternoon around 2 pm ET to be arraigned, where a judge will inform Shahzad of those rights anyway.

Plenty of people have accused McCain of becoming a born-again border enforcer thanks to a strong primary challenge from J. D. Hayworth. This isn’t much of a change for McCain on counterterrorism, though. He’s been consistent on that score, but misses the point about citizenship and jurisdiction.

Moe Lane makes a good point about treason, too, as the consequence for terrorism against the US. If American citizens should get handled differently, then they should also face greater rigor for engaging in war against the US. Mirandize Shahzad and charge him with treason along with the “hundreds” of other charges McCain mentions.


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If this individual has information that could help us prevent future attacks and loss of life nothing should stand in the way of that, including Miranda,” said Rubio.

jp on May 4, 2010 at 4:30 PM

We are all Iranians now!!!

If! If! If! This is really sick stuff.

Mahmoud Rubio.

HalJordan on May 4, 2010 at 4:40 PM

“If this individual has information that could help us prevent future attacks and loss of life nothing should stand in the way of that, including Miranda,” said Rubio.

jp on May 4, 2010 at 4:30 PM

Benjamin Franklin: “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety”.

KentAllard on May 4, 2010 at 4:46 PM

” I am not saying it is necessary to agree with his politics or his votes, but the man deserves more respect as a soldier than this.”
Terrye on May 4, 2010 at 4:33 PM

I disagree. I’m a Viet Vet and I respect what Mac did, but that does not, repeat does not, give someone a blank check for the rest of his life to be an idiot and undermine his friends. It also does not, and should not, make anyone immune from criticism. If we were criticizing a choice he made in the Hanoi Hilton, that would be wrong. Criticizing a guy who’s a public ‘servant’, married to a multi-millionairess, been in Congress for over 25 years, lived the good life since he was released as a POW nearly 40 years ago and acts like an idiot is fair. This is America, not a banana republic. You gotta earn respect every day. Not rest on your laurels.

JimP on May 4, 2010 at 4:49 PM

McCain is such a loser. Us Citizen gets US Citizen rights, even if he becomes an enemy combatant. If convicted of treason, he can have his citizenship repealed and then be treated like the scum he deserves, but no American born citizen should ever have to worry that their country will not give them the full spectrum of rights and immunities that the Constitution ensures. Naturalized citizens on the other hand should have to worry that if they turn their backs on the nation they will have their citizenship stripped and constitutional protections and immunities stripped from them and they can then be treated as though they are foreign enemy combatants.

Today he gets citizens rights, if he is found guilty, he should be stripped of citizenship and treated accordingly.

astonerii on May 4, 2010 at 4:55 PM

Benjamin Franklin: “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety”.

KentAllard on May 4, 2010 at 4:46 PM

I think the Patriot Acts proved modern Americans are willing to completely ignore that bit of Franklin’s wisdom, when they’re whipped up enough about the latest proverbial ‘monster under the bed’.

Dark-Star on May 4, 2010 at 5:20 PM

JimP on May 4, 2010 at 4:49 PM

Yep. Just procreating Megan is enough to dislike this man.

Wade on May 4, 2010 at 5:26 PM

Freakin’ A

CynicalOptimist on May 4, 2010 at 5:34 PM

Memo to McLame: The guy is an American citizen and must be mirandized.

Kissmygrits on May 4, 2010 at 6:12 PM

Andrew Jackson has his face on the $20.00 bill and many postage stamps; And he fought for the South! This could be considered sedition, but he became President.
Shahzad might get appointed to Obama’s czar club and get his mug on the half dollar bill!

Cybergeezer on May 4, 2010 at 6:18 PM

McCain is a U.S. Senator who is supposed to know the Constitution and he has access to unlimited legal sources;
After passing unconstitutional legislation,
He should be stripped of his Senatorship.
Then sent to a nursing home where he can suckle the teat of the U.S Government for the rest of his life.

Cybergeezer on May 4, 2010 at 6:25 PM

McCain is in temporary “I’m tough!” mode.

It occurs before close election bids, then fades away for years.

Faisal Shazad, by commiting treason, should be hanged if convicted.

Reading him his “rights” will not stop his rightful demise for being a turncoat and a terrorist.

profitsbeard on May 4, 2010 at 6:26 PM

Aside from torture, McCain’s been pretty hawkish when it comes to the war on terrorsquishy and linguini-spined. So I don’t think this can most positively, absolutely and with ZERO uncertainty be chalked up to an election year shift.

Doughboy on May 4, 2010 at 2:27 PM

fixed

cableguy615 on May 4, 2010 at 6:39 PM

Somebody needs to taser this dope. The supposed Viet Nam torture wore off.

Cybergeezer on May 4, 2010 at 6:53 PM

Hey John; Shave your head, get some tats and a Harley, and ride off into the Arizona sunset;
PLEASE!

Cybergeezer on May 4, 2010 at 6:55 PM

If during World War II a German Army Major, seeking to destroy the USA, professes loyalty to America and is naturalized. A few months later the bomb that he sets off to destroy the Brooklyn Navy Yard fizzles and he is arrested. He’s no citizen, he’s a SPY-eligible for instant execution. I think you will find that this recently arrested POS also held some position in a foreign government or Al Qaeda-as such he is also a spy-who became a citizen on false pretenses.

I love these lawyer types speaking of the law as if it were some kind of religion. These Muslims are political judo experts who turn our own technology and even our legal system into weapons to be used against us. If I enter into any contractual agreement whereby I totally misrepresent the facts, that contract is either void or voidable. Why not citizenship?

MaiDee on May 4, 2010 at 7:46 PM

He’s an American citizen an has to be afforded the same rights as any American. Treason sounds good to me.

roux on May 4, 2010 at 8:36 PM

He’s been consistent on that score, but misses the point about citizenship, and jurisdiction and constitutional ‘legis-prudence in general.

FIFY

The problem with McVain is that he believes in his own benevolence to the point of usurping the constitution. More so when it advances his goals. To wit McCain-Feingold, McCain-Lieberman, McCain-Kennedy and the list goes on.

AH_C on May 4, 2010 at 8:49 PM

Andrew Jackson has his face on the $20.00 bill and many postage stamps; And he fought for the South! This could be considered sedition, but he became President.
Shahzad might get appointed to Obama’s czar club and get his mug on the half dollar bill!

Cybergeezer on May 4, 2010 at 6:18 PM

Huh? He may have been from the South, but he fought the Brits and after being captured, contracted a case of smallpox. He then became the 7th POTUS, from 1829-1837. He died in 1945, years before the south tried to secede from the Union.

AH_C on May 4, 2010 at 8:54 PM

Andrew Jackson has his face on the $20.00 bill and many postage stamps; And he fought for the South! This could be considered sedition, but he became President.
Shahzad might get appointed to Obama’s czar club and get his mug on the half dollar bill!

Cybergeezer on May 4, 2010 at 6:18 PM

Huh? He may have been from the South, but he fought the Brits and after being captured, contracted a case of smallpox. He then became the 7th POTUS, from 1829-1837. He died in 1945, years before the south tried to withdraw from the Union.

You must be think of another POTUS guilty of ‘sedition’.

AH_C on May 4, 2010 at 8:56 PM

Sen. McCain still doesn’t get it that the Constitution matters. Shahzad is a naturalized American citizen. As such, he’s entitled to the same constitutional protections as I’d get.

LFRGary on May 4, 2010 at 9:32 PM

Andrew Jackson has his face on the $20.00 bill and many postage stamps; And he fought for the South!

huh?

tlynch001 on May 4, 2010 at 9:59 PM

John McCain is an idiot.

slp on May 4, 2010 at 11:27 PM

…can’t seem to find “Miranda Rights” anywhere in the Constitution…nope, not in the “Separation of Church and State” section…hmmm, can’t find that, either,…ok, maybe in the “Woman’s Right to do with her body anything she wants” section…can’t find that, either…must not have a copy of the “Living” Constitution…

opaobie on May 5, 2010 at 1:21 AM

can’t seem to find “Miranda Rights” anywhere in the Constitution… opaoble

Bingo!

MaiDee on May 5, 2010 at 4:27 AM

The hostility expressed here in many posts to John McCain is not justified and too often expressed in ways that are childish. If you wish to take the position that McCain is wrong and Others such as Glenn Beck are right that Shahzad should be read his rights and treated as a criminal because of his American citizenship, you can argue that. But you need to deal seriously with the opposing view, expresed by McCain in the Imus inteview yesterday and by former Attoreny General Michael Mukasey on FOX Friends this morning, that Shahzad should be declared an enemy combatant and be subject to full interrogation.

As I posted yesterday at 2:32 PM:

“John McCain’s position is that Shahzad is an enemy combatant and should be treated in accordance with the laws of war. If we are in a state of war with radical Islam, then it follows that we do not treat Shahzad as a criminal who receives Miranda warnings, but as an enemy combatant who has violated the laws of war.”

MaiDee at 7:46PM last night makes a very good point referencing a WWII example. That a person takes up American citizenship does not immunize that person if he or she takes up arms against the country.

Phil Byler on May 5, 2010 at 7:32 AM

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