Obama team frets: Can we prosecute terrorists who weren't read their Miranda rights?

“Miranda is an issue, it is a potential issue in prosecution,” said a senior Obama administration official, speaking on condition of anonymity because the review is ongoing. “The purpose of the review is to see how much of an issue and to see in what cases it is possible to proceed.”…

Under the Bush administration’s wartime approach, prisoners were captured and interrogated for intelligence purposes, then held as a preventive measure. No Obama administration official has suggested that prisoners should have been read their rights on a battlefield…

“If you want to prosecute them I have to think Miranda would apply. Miranda always applies in criminal prosecution,” said a former Bush administration official, who spoke about pending cases on condition of anonymity. “Miranda hasn’t applied to most things that happened in war before because there is no prosecution involved.”