Thursday, June 11, 2009

Soldiers Mirandizing Enemy Combatants

Soldiers Mirandizing Enemy Combatants

It's like a bad Saturday Night Live skit. From June 11, 2009 Newsmax.com:

U.S. Rep. Mike Rodgers, R-Mich., who is just back from Afghanistan, says that captured foreign fighters in that war-torn country are now getting “Miranda” warnings after capture and prior to questioning.

In a Fox News account, reproduced on the lawmaker’s Web site, Rogers says, “I witnessed it myself, talked to the people on the ground. What you have is two very separate missions colliding in the field in a combat zone. Again, anytime you offer confusion in that environment that’s already chaotic and confusing enough, you jeopardize a soldier’s life.”

What’s more, Rogers says that the new warnings advisement policy is news to the U.S. Congress, which he notes has not to his knowledge been briefed on the new procedures.

The Miranda warning is straightforward: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

What’s most troubling to Rogers and others is that first part about remaining silent – it severs at the get-go the route to what can be the best intelligence on the enemy’s plans to kill Americans.

“I was a little surprised to find it taking place when I showed up because we hadn’t been briefed on it, I didn’t know about it. We’re still trying to get to the bottom of it, but it is clearly a part of this new global justice initiative,” Rogers said, according to a report in the Weekly Standard.

Soldiers are not police. But then again, this is the party that thought terrorism could be fought as a criminal justice matter.

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