Glenn Beck and Judge Andrew Napolitano both wind up on the same side of this debate, thanks to Faisal Shahzad’s status as an American citizen. “Of course” Shahzad should get Mirandized, Beck tells Fox and Friends this morning, warning that “you don’t shred the Constitution — ever.” Shahzad will get Mirandized anyway when he appears in court and a judge confirms Shahzad’s understanding of his rights during his arraignment. Napolitano points out that authorities can skip the Miranda warning, but at their own peril; anything Shahzad says won’t be able to be used in court without the warning, and law enforcement agents who deliberately withhold it could face legal sanctions for doing so. The Right Scoop captures the debate:
Beck and Napolitano are correct. Shahzad is an American citizen, arrested by law enforcement in America. As a US citizen, Shahzad has the right to remain silent. In that sense, he differs from the EunuchBomber, who attempted to enter the country (our airspace) to conduct a sabotage mission for an enemy of the US. Ambdulmuttalab should have immediately been taken into custody by military and intelligence agencies, not the FBI, in order to make his status as an enemy combatant clear.