It’s a fundamental pillar of American liberty and jurisprudence, tracing its lineage all the way back to the Magna Carta of 1215. It is also among the most central of our liberties, affording us the right not to be unlawfully detained or deprived of our “life, liberty or property” without “due process of law.”
What is it? The right of American citizens suspected or accused of crimes to be afforded due process.
This inalienable right was first enumerated in the Fifth Amendment to the United States Constitution, which was signed on September 28, 1789 and ratified (along with most of the other Articles in the U.S. Bill of Rights) on December 15, 1791.
It reads as follows …
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
And if that wasn’t sufficiently clear, here’s the text of the first article of the Fourteenth Amendment – proposed on June 13, 1866 and certified on July 28, 1868.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
These are not suggestions, people. Nor are they ideas, proposals or guidelines. They are the laws of our land.
Or at least they were until some of our leaders – with no legislation, referendum, approval or justification – decided they weren’t.
Just a little something to think about as the drama associated with the Boston Marathon bombings continues to unfold …
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132 comments
Don’t get so excited about the blathering of McCain and Graham. None of the above rights have yet been violated by the actual authorities in charge.
Don’t get so excited about the blathering of McCain and Graham. None of the above rights have yet been violated by the actual authorities in charge.
No doubt. One of the only things uniting left and right should be the constitution. And while people may not agree on the interoperation of the bill of right or how it should be executed, the Bill of Rights are pretty clear. Whether it is the 2nd Amendment or the Fifth or Fourteenth, these are not suggestions, but laws. Even if you dont think these dickhead brothers should have ever been made citizens, they are, and those Amendments should mean something. And just because, Lincoln, Roosevelt, Bush to name some, violated these in the name of “war” does not make it right for Obama or Graham to do it now.
^^^^ EXACTLY.
Exactly what right has been violated? That SOB proably has a trach tube down his throat and the only thing he is answering is the call of nature when he fills the catheter stuck in his shwanzstucker.
Yeah boy, they’re up there asking him questions and beating him with their truncheons and waterboarding him even as we speak – wait what? He’s heavily sedated, has a throat injury and is intubated – oh, er uh – never mind…
“…The surviving suspect in the Boston Marathon bombings suffered an injury to his throat and may not be able to talk, a federal official told CNN on Saturday, possibly hindering attempts by authorities to question him about a motive in the attack…Authorities have not publicly detailed the injuries sustained by the teen, but an official who has been briefed said Tsarnaev has been “intubated and sedated.” “
http://www.cnn.com/2013/04/20/us/boston-attack/index.html
Instead of the right to remain silent he has the inability to sing?
Yeah Buddy – that poor old terrorist is being slapped around and waterboarded uncharged in a dank prison cell down in Gitmo, wait, what, he’s been charged in federal court like he was supposed to be within 48 hours of his arrest?
Damn another good rant down the drain!! Guess we’ll go back to our inarticulate, lacking in a basic understanding of the founder’s intent, arguments on the Second Amendment…
Does anyone know if you’ve lied about how the suspected terrorist died if that breaks any kind of rules or law?
My understanding is the police ran over the 1st suspected terrorist with their SUV and blamed it on the brother.
I suppose if the 1st suspected terrorist was resisting then it’s all good, I’m just curious why police would lie about that and then shoot him some more after running him over.
http://educationviews.org/cops-ran-over-and-shot-boston-terrorist/
No doubt. One of the only things uniting left and right should be the constitution. And while people may not agree on the interoperation of the bill of right or how it should be executed, the Bill of Rights are pretty clear. Whether it is the 2nd Amendment or the Fifth or Fourteenth, these are not suggestions, but laws. Even if you dont think these dickhead brothers should have ever been made citizens, they are, and those Amendments should mean something. And just because, Lincoln, Roosevelt, Bush to name some, violated these in the name of “war” does not make it right for Obama or Graham to do it now.
^^^^ EXACTLY.
Exactly what right has been violated? That SOB proably has a trach tube down his throat and the only thing he is answering is the call of nature when he fills the catheter stuck in his shwanzstucker.
Yeah boy, they’re up there asking him questions and beating him with their truncheons and waterboarding him even as we speak – wait what? He’s heavily sedated, has a throat injury and is intubated – oh, er uh – never mind…
“…The surviving suspect in the Boston Marathon bombings suffered an injury to his throat and may not be able to talk, a federal official told CNN on Saturday, possibly hindering attempts by authorities to question him about a motive in the attack…Authorities have not publicly detailed the injuries sustained by the teen, but an official who has been briefed said Tsarnaev has been “intubated and sedated.” “
http://www.cnn.com/2013/04/20/us/boston-attack/index.html
Instead of the right to remain silent he has the inability to sing?
Yeah Buddy – that poor old terrorist is being slapped around and waterboarded uncharged in a dank prison cell down in Gitmo, wait, what, he’s been charged in federal court like he was supposed to be within 48 hours of his arrest?
Damn another good rant down the drain!! Guess we’ll go back to our inarticulate, lacking in a basic understanding of the founder’s intent, arguments on the Second Amendment…
Does anyone know if you’ve lied about how the suspected terrorist died if that breaks any kind of rules or law?
My understanding is the police ran over the 1st suspected terrorist with their SUV and blamed it on the brother.
I suppose if the 1st suspected terrorist was resisting then it’s all good, I’m just curious why police would lie about that and then shoot him some more after running him over.
http://educationviews.org/cops-ran-over-and-shot-boston-terrorist/
Hey FITS: Any truth to the CNN report that: Dzhokar Tsarnaev read Martin Richard the Miranda warning before he blew him up???..
His dad SWEARS Dzhokar is a good boy and would always read the Miranda warning before he blew up the boy..Don’t that make you, and Obama, feel good??…
Thank you for clearing it up that we support the detonation of 8-year-olds. Not sure everybody caught that the first time, but you were Johnny on the spot with that wisdom.
Trying times test men’s souls: You find out a lot of people.
You gotta Serve Somebody as Bob Dylan said: And certainly show us who you serve…
something like this ——-
“you may be blind or you may be lame
…..maybe living in another country under another name
you may call me anything….don’t matter what you say
you’re gonna have to serve somebody
…..it may be the Devil or it may be the Lord”
Although I agree with FITS, I gotta give mad props to Big T for the Dylan lyric…..
Here’s another one for ya…..
“Don’t need a weatherman* to know which way the wind blows…”
Makes one wonder if Dzhokar (who resembles a young, freewheelin’ Bob Dylan, a bit), will in 35 or so years, have a cushy academic position and be a mentor to the President?*
*cough* Bill Ayers *cough*
Oh.I thought it was just 1st and 2nd graders…
Been really reaching here of late. You missed your calling: Secret Decoder Ring.
They’re democrats in charge of this investigation, right FITS?
So their actions are by default wrong?
You lose your credibility with this crap.
This issue defies party lines. These rights started to be violated under Bush and Cheney.
You going out looking like that?
Hey FITS: Any truth to the CNN report that: Dzhokar Tsarnaev read Martin Richard the Miranda warning before he blew him up???..
His dad SWEARS Dzhokar is a good boy and would always read the Miranda warning before he blew up the boy..Don’t that make you, and Obama, feel good??…
Thank you for clearing it up that we support the detonation of 8-year-olds. Not sure everybody caught that the first time, but you were Johnny on the spot with that wisdom.
Trying times test men’s souls: You find out a lot of people.
You gotta Serve Somebody as Bob Dylan said: And certainly show us who you serve…
something like this ——-
“you may be blind or you may be lame
…..maybe living in another country under another name
you may call me anything….don’t matter what you say
you’re gonna have to serve somebody
…..it may be the Devil or it may be the Lord”
Although I agree with FITS, I gotta give mad props to Big T for the Dylan lyric…..
Here’s another one for ya…..
“Don’t need a weatherman* to know which way the wind blows…”
Makes one wonder if Dzhokar (who resembles a young, freewheelin’ Bob Dylan, a bit), will in 35 or so years, have a cushy academic position and be a mentor to the President?*
*cough* Bill Ayers *cough*
Oh.I thought it was just 1st and 2nd graders…
Been really reaching here of late. You missed your calling: Secret Decoder Ring.
They’re democrats in charge of this investigation, right FITS?
So their actions are by default wrong?
You lose your credibility with this crap.
This issue defies party lines. These rights started to be violated under Bush (R) and Cheney (R) after 9/11.
You going out looking like that?
So just to be 100% clear you opposed the drone strike which killed Anerican citizen Anwar al-Awlaki?
Al-Awlaki was an American citizen who never had his day in court nor was he convicted of any crime.
I hope the guy is rotting in he’ll personally.
Timid men prefer the calm of despotism to the tempestuous sea of Liberty – TJ
TJ had a Strom problem.
No he didn’t – the whole Sally Hemings Jefferson DNA “Controversy” only showed that one of the sons of Peter Jefferson may have been the father of some of Heming’s children. It could also have ben one of his 12 male cousins. The best guess among responsible, “non agenda driven” scholars is that Thomas’ younger brother Randolph was the sperm donor.
Some enlightenment for you:
http://en.wikipedia.org/wiki/Sally_Hemings
So just to be 100% clear you opposed the drone strike which killed Anerican citizen Anwar al-Awlaki?
Al-Awlaki was an American citizen who never had his day in court nor was he convicted of any crime.
I hope the guy is rotting in he’ll personally.
Timid men prefer the calm of despotism to the tempestuous sea of Liberty – TJ
TJ had a Strom problem.
No he didn’t – the whole Sally Hemings Jefferson DNA “Controversy” only showed that one of the sons of Peter Jefferson may have been the father of some of Heming’s children. It could also have ben one of his 12 male cousins. The best guess among responsible, “non agenda driven” scholars is that Thomas’ younger brother Randolph was the sperm donor.
Some enlightenment for you:
http://en.wikipedia.org/wiki/Sally_Hemings
Liberals lecturing us about the US Constitution.
That has to give you a Belly Laugh.
Justice Darth Vader Ginsberg was in Egypt denouncing the US Constitution. She told them (the Muslim Brotherhood of all groups) that the US Constitution did not do enough in the way of Human Rights…
FITS lecturing us about the Constitution is a lot like Darth Vader Ginsberg, and a lot like the Muslim Brotherhood being held up as a model for us to follow.
You people are Ignorant and Disgusting… Following your lead would put about where the Middle East is on the level of civil societies…
Wait until they pull you out of your mother’s basement, wearing your “woman suit,” and beat the confession out of you that blow little boys for snickers bars and and stalk, rape, and kill coeds at State College, all in the name of Jesus. Hope your public defender gives a shit.
Liberals lecturing us about the US Constitution.
That has to give you a Belly Laugh.
Justice Darth Vader Ginsberg was in Egypt denouncing the US Constitution. She told them (the Muslim Brotherhood of all groups) that the US Constitution did not do enough in the way of Human Rights…
FITS lecturing us about the Constitution is a lot like Darth Vader Ginsberg, and a lot like the Muslim Brotherhood being held up as a model for us to follow.
You people are Ignorant and Disgusting… Following your lead would put about where the Middle East is on the level of civil societies…
Wait until they pull you out of your mother’s basement, wearing your “woman suit,” and beat the confession out of you that blow little boys for snickers bars and and stalk, rape, and kill coeds at State College, all in the name of Jesus. Hope your public defender gives a shit.
Why wimp out and crop Obama’s face from the picture at the top of the article? OK, the artist’s website is dead, so I can see cropping that out.
Because he and Obama (see Muslim Brotherhood) are Absolute Ace-Boon-Spoons on the side of Child-Killing, Jihad Terrorists…It makes them UN-type, nuanced, sophisticated and cosmopolitan. Not like us justice-guided, American Rubes…
Showing Obama’s face would be a Total Buzz-Kill…no matter how appropriate…
The Islamist terrorist loving foreign nation operative muslim influence peddler Grover Norquist has led FITS astray with lies, and he fell hook, line, and sinker. Kind of shocking
really, the biggest mouth around is dead wrong on the issue of the century. Break up with Grover FITS, I beg you to run to the light. You will get burned by this evil muslim. Bring back HUAC and haul his ass up in front of it. He is the Alger Hiss of our time.
Doesn’t even give credit to the artist. I guess intellectual property is dead too.
Why wimp out and crop Obama’s face from the picture at the top of the article? OK, the artist’s website is dead, so I can see cropping that out.
Because he and Obama (see Muslim Brotherhood) are Absolute Ace-Boon-Spoons on the side of Child-Killing, Jihad Terrorists…It makes them UN-type, nuanced, sophisticated and cosmopolitan. Not like us justice-guided, American Rubes…
Showing Obama’s face would be a Total Buzz-Kill…no matter how appropriate…
The Islamist terrorist loving foreign nation operative muslim influence peddler Grover Norquist has led FITS astray with lies, and he fell hook, line, and sinker. Kind of shocking
really, the biggest mouth around is dead wrong on the issue of the century. Break up with Grover FITS, I beg you to run to the light. You will get burned by this evil muslim. Bring back HUAC and haul his ass up in front of it. He is the Alger Hiss of our time.
Doesn’t even give credit to the artist. I guess intellectual property is dead too.
It has to make you SICK to your Stomach how leftists will wring their hands over rights, if it’s Muslim Jihadists…but the brutal murder of an 8-year-old child is an aside…
One F*#ked up set of priorities….
And this comes from a regular Christian-Basher, who was FINE with CONVICTING mythical White, Right Wing Terrorists, but he was too Corrupt to admit his Muslim Brothers killed these people..(still has not acknowledged it)….
Is it any wonder this country is in the ate it’s in???
It has to make you SICK to your Stomach how leftists will wring their hands over rights, if it’s Muslim Jihadists…but the brutal murder of an 8-year-old child is an aside…
One F*#ked up set of priorities….
And this comes from a regular Christian-Basher, who was FINE with CONVICTING mythical White, Right Wing Terrorists, but he was too Corrupt to admit his Muslim Brothers killed these people..(still has not acknowledged it)….
Is it any wonder this country is in the ate it’s in???
There’s only money to be made in the 2nd amendment.
The Trial Lawyers Association is Awash in Blood money from perverting the Constitution and spitting on the graves of Dead Children and Justice…
And all in the name of The Almighty Dollar….
Yours is the comment of an ABJECT Dumb@$$…Why do you think Lizenby is siding with murdering animals over the life of a innocent child? She hopes some Filthy, guilty reprobate will see that she puts MONEY as her god…and flushes Right and justice if it affords her another Gucci Bag or a trip to the Caymans for Christmas…
For once T you got it completely right with this part “The Trial Lawyers Association is Awash in Blood money from perverting the Constitution and spitting on the graves of Dead Children and Justice…” I’d leave out the “dead children” part as unnecessary sensationalism.
Bubba: I don’t need you to to tell me I get it right…
And leftists, like FITS and Lizenby, do Spit on the graves of dead children…This Boston case, and their shilling for Terrorist murderers is a classic example.
That said: Liberals are able to silence sissy-little hand-wringers like you, because the Truth damages their propaganda.
It takes BOLD, Un-Apologetic Patriots to Slap the P!$$ out of liars, America-haters and cretins.
Sadly, there are still people like you who accept their premises, w/o question, and it servers the evil and the Wrong.
That said: Shut up if you want…but don’t tell me what to say, or what not to say: Or if you do, get in my face and try to tell me…and you may find out just how “sensational” I really am…
Amen, brother.
I see the bonding has ended…
You’re aware that Lindsey Graham is a lawyer, right, and he’s the one pushing this whole no Miranda rights and charge suspect as an enemy combatant? Jesus, man, you are truly afraid of any fact that doesn’t fit your narrative. Hopeless and stupid.
There’s only money to be made in the 2nd amendment.
The Trial Lawyers Association is Awash in Blood money from perverting the Constitution and spitting on the graves of Dead Children and Justice…
And all in the name of The Almighty Dollar….
Yours is the comment of an ABJECT Dumb@$$…Why do you think Lizenby is siding with murdering animals over the life of a innocent child? She hopes some Filthy, guilty reprobate will see that she puts MONEY as her god…and flushes Right and justice if it affords her another Gucci Bag or a trip to the Caymans for Christmas…
For once T you got it completely right with this part “The Trial Lawyers Association is Awash in Blood money from perverting the Constitution and spitting on the graves of Dead Children and Justice…” I’d leave out the “dead children” part as unnecessary sensationalism.
Bubba: I don’t need you to to tell me I get it right…
And leftists, like FITS and Lizenby, do Spit on the graves of dead children…This Boston case, and their shilling for Terrorist murderers is a classic example.
That said: Liberals are able to silence sissy-little hand-wringers like you, because the Truth damages their propaganda.
It takes BOLD, Un-Apologetic Patriots to Slap the P!$$ out of liars, America-haters and cretins.
Sadly, there are still people like you who accept their premises, w/o question, and it servers the evil and the Wrong.
That said: Shut up if you want…but don’t tell me what to say, or what not to say: Or if you do, get in my face and try to tell me…and you may find out just how “sensational” I really am…
Amen, brother.
I see the bonding has ended…
You’re aware that Lindsey Graham is a lawyer, right, and he’s the one pushing this whole no Miranda rights and charge suspect as an enemy combatant? Jesus, man, you are truly afraid of any fact that doesn’t fit your narrative. Hopeless and stupid.
So who are these two victims Will? Tamerland and Dzhokhar? Or are implying that the Constitution has somehow been made a victim?
Tamerlane was killed in the commission of a capital crime, always defensible. Dzhokhar hasn’t been deprived of anything yet (except his ability to die a “martyr”). Had he not been caught, he probably would have bled to death where he was.
Nothing in the Constitution prevents an officer of the law or a citizen from acting to preserve, life limb or property. The Constitution protects the citizen from being deprive of those things unless convicted.
Stick to bimbos, ho’s and local politics cause you don’t understand a fricking thing about the US Constitution, common law or law enforcement.
The story is not about an asshole that can’t be questioned. The story is about Grahmnesty, McPain and there ilk trampling on the rights of citizens. If they destroy any one of these amendments on the basis of ‘safety’, then what’s to stop them from doing the same to others for lesser crimes.
Are you sure your Bubbas brother and not T’s?
Once again, what rights are being trampled upon?
Bubba, your not listening (but I appreciate your quoting my spelling below). These two are political whores that will act upon the fear factor in order to drum up support for their political aspirations. That alone should be sufficient for them to be removed from office.
Now, I don’t give a flip if SIC’s article does or can be construed as saying that dinkwad’s rights are being trampled upon. The point of the story, as I read it, is that AMERICANS rights are being trampled upon by congress in general in order to get YOU and ME to give up OUR rights in the name of safety. I’m not willing to give that up. Further, I think the point of the story, article, blog, whatever is that YOU and I should be SCREAMING at the top of our lungs to tell these hacks to go fuck themselves.
In conclusion I say to all the little fuckwads in congress that desire for me to give up MY rights, GO FUCK YOURSELVES.
Have a Great Day, Bubba !! :) There won’t be many left with the Demlicans and Republicrats in charge.
Frank Pytel
But Frank, I am listening, you’re missing the point that your rights – under certian circumstances – are not what you think they are. if you want to retain all of your rights as writen, the method is very simple – don’t throw bombs.
Damn, You are T’s brother
Well Frank, tell me how I’m wrong. The US Supreme Court has upheld the idea that the US Government doesn’t have to be a practice dummy in every circumstance and allowed that not all situations are created equal. read the text of New York v. Quarles. In the case the court determined that “…Miranda must yield in “a situation where concern for public safety must be paramount to adherence to the literal language of the prophylactic rules enunciated in Miranda”. The rule of Miranda is not, therefore, absolute and can be a bit more elastic in cases of public safety.[1] Under this exception, to be admissible in the government’s direct case at a trial, the questioning must not be “actually compelled by police conduct which overcame his will to resist,” and must be focused and limited, involving a situation “in which police officers ask questions reasonably prompted by a concern for the public safety.”…
Remember that the whole idea of Miranda was in itself a US Supreme Court Decision. The Constitution on prevents the Government from Taking your stuff, killing you or imprisoning you except in times of war. None of those things are happening here.
the only thing I said, and the article says, is Grahmnesty is wrong. You brought up Miranda. I could give a shit if anyone questions the guy. I could give a shit if anyone questioned me in the same situation. The point of the story is that our rights are being trampled. You can’t seem to understand that.
Your either very young or your short term memory is gone. I’ll give you they have a right to ask questions just as I have a right to plead the 5th. By declaring these turds ‘enemy combatants they are effectively able to be imprisoned, forever, without trial, without due process and without representation. The reason for this is that they are effectively being declared non citizens without due process. They haven’t been tried for treason and then their citizenship revoked and then held as enemy combatants. Grahmnesty is just blanket stating “FUCK THE CONSTITUTION, FUCK THE PEOPLE AND FUCK THE CITIZENS. I WANT THIS GUYS NECK IN A SLING NOW!!!!’
In the event that you are unfamiliar with the Magna Carta, this document basically guarantees exactly what these three amendments to the constitution guarantee. It prevents the government, in theory, from walking into your house and blowing your head off then providing you with a trial. You have to have the trial first.
You’re are pressing arguments for non existent conditions Bubba.
As to your comment of Bubba’s brother or whatever. I don’t give a shit who’s brother you are. Sure your a nice guy. Blah blah. It was a joke about Big T that apparently you missed. My bad. I’m the biggest asshole in the fucking universe. Get over it.
Have a Great Day!! :) There won’t be many left with the Demlicans and Republicrats in charge.
Frank Pytel
And since you are obviously very old with great long term memory how about this one: Ol’ TIQ # 2 is lawyered up – almost 48 hours to the minute after we said we would interview him sans Miranda (in compliance with the Supreme Court Decision). http://www.breitbart.com/Big-Government/2013/04/22/Surviving-bombing-suspect-charged http://www.weeklystandard.com/blogs/united-states-america-v-dzhokhar-tsarnaev_718200.html
I got you’re joke, I make fun with T as well (although I made the mistake of defending the dumb ass a day or so ago…).
Let me make my point clear – all your whining about “due process” shows a clear, flat, poor understanding of criminal law, US Common Law, English Common Law, US Constitutional Law and the American jurisprudence system in general. The proof is that the system is working exactly like it was designed to.
Yes, I have made the mistake of defending T as well.
Its not whining about due process. Its true fear of not being able to live in a free country. I look at the freedoms that were available 40 years ago and see that many of these freedoms are gone. It used to be that you couldn’t yell fire in a movie theater. That’s fair. I get it. Now you get a visit from MIB if you dis a politico. That’s not fair or freedom. That’s communism, socialism, whatever.
Unfortunately you are 100% correct. Grahmnesty is allowed to state his opinion. Personally I would be 100% for an amendment that says “Boneheaded politicos can not speak out of turn, ever!”.
Have a Great Day!! :) There won’t be many left with the Demlicans and Republicrats in charge.
Frank Pytel
So who are these two victims Will? Tamerland and Dzhokhar? Or are implying that the Constitution has somehow been made a victim?
Tamerlane was killed in the commission of a capital crime, always defensible. Dzhokhar hasn’t been deprived of anything yet (except his ability to die a “martyr”). Had he not been caught, he probably would have bled to death where he was.
Nothing in the Constitution prevents an officer of the law or a citizen from acting to preserve, life limb or property. The Constitution protects the citizen from being deprived of those things unless convicted.
Stick to bimbos, ho’s and local politics (that may be redundant) cause you don’t understand a fricking thing about the US Constitution, common law or law enforcement.
The story is not about an asshole that can’t be questioned. The story is about Grahmnesty, McPain and there ilk trampling on the rights of citizens. If they destroy any one of these amendments on the basis of ‘safety’, then what’s to stop them from doing the same to others for lesser crimes.
Are you sure your Bubbas brother and not T’s?
Once again, what rights are being trampled upon? What life, liberty or property has Mr Tsarnaev been deprived of?
Had he not been arrested he likely would have bled to death in that boat. I am willing to bet their are multiple charge sheets awaiting Mr. Tsarnaev’s ability to sit up and read them.
Bubba, your not listening (but I appreciate your quoting my spelling below). These two are political whores that will act upon the fear factor in order to drum up support for their political aspirations. That alone should be sufficient for them to be removed from office.
Now, I don’t give a flip if SIC’s article does or can be construed as saying that dinkwad’s rights are being trampled upon. The point of the story, as I read it, is that AMERICANS rights are being trampled upon by congress in general in order to get YOU and ME to give up OUR rights in the name of safety. I’m not willing to give that up. Further, I think the point of the story, article, blog, whatever is that YOU and I should be SCREAMING at the top of our lungs to tell these hacks to go fuck themselves.
In conclusion I say to all the little fuckwads in congress that desire for me to give up MY rights, GO FUCK YOURSELVES.
Have a Great Day, Bubba !! :) There won’t be many left with the Demlicans and Republicrats in charge.
Frank Pytel
But Frank, I am listening, you’re missing the point that your rights – under certian circumstances – are not what you think they are. if you want to retain all of your rights as written, the method is very simple – don’t throw bombs.
Damn, You are T’s brother
Well Frank, tell me how I’m wrong. The US Supreme Court has upheld the idea that the US Government doesn’t have to be a practice dummy in every circumstance and allowed that not all situations are created equal. read the text of New York v. Quarles. In the case the court determined that “…Miranda must yield in “a situation where concern for public safety must be paramount to adherence to the literal language of the prophylactic rules enunciated in Miranda”. The rule of Miranda is not, therefore, absolute and can be a bit more elastic in cases of public safety. Under this exception, to be admissible in the government’s direct case at a trial, the questioning must not be “actually compelled by police conduct which overcame his will to resist,” and must be focused and limited, involving a situation “in which police officers ask questions reasonably prompted by a concern for the public safety.”…
Remember that the whole idea of Miranda was in itself a US Supreme Court Decision. The Constitution only prevents the Government from taking your stuff, killing you or imprisoning you without cause except in times of war. None of those things are happening here. Graham is as you suggest wrong – but Graham isn’t involved here other than as another voice in the crowd. I would suggest that the decision could be made to treat him as an enemy combatant if he turns out to be part of a larger “state sponsored” cell.
the only thing I said, and the article says, is Grahmnesty is wrong. You brought up Miranda. I could give a shit if anyone questions the guy. I could give a shit if anyone questioned me in the same situation. The point of the story is that our rights are being trampled. You can’t seem to understand that.
Your either very young or your short term memory is gone. I’ll give you they have a right to ask questions just as I have a right to plead the 5th. By declaring these turds ‘enemy combatants they are effectively able to be imprisoned, forever, without trial, without due process and without representation. The reason for this is that they are effectively being declared non citizens without due process. They haven’t been tried for treason and then their citizenship revoked and then held as enemy combatants. Grahmnesty is just blanket stating “FUCK THE CONSTITUTION, FUCK THE PEOPLE AND FUCK THE CITIZENS. I WANT THIS GUYS NECK IN A SLING NOW!!!!’
In the event that you are unfamiliar with the Magna Carta, this document basically guarantees exactly what these three amendments to the constitution guarantee. It prevents the government, in theory, from walking into your house and blowing your head off then providing you with a trial. You have to have the trial first.
You’re are pressing arguments for non existent conditions Bubba.
As to your comment of Bubba’s brother or whatever. I don’t give a shit who’s brother you are. Sure your a nice guy. Blah blah. It was a joke about Big T that apparently you missed. My bad. I’m the biggest asshole in the fucking universe. Get over it.
Have a Great Day!! :) There won’t be many left with the Demlicans and Republicrats in charge.
Frank Pytel
And since you are obviously very old with great long term memory how about this one: Ol’ TIQ # 2 is lawyered up – almost 48 hours to the minute after we said we would interview him sans Miranda (in compliance with the Supreme Court Decision). http://www.breitbart.com/Big-Government/2013/04/22/Surviving-bombing-suspect-charged http://www.weeklystandard.com/blogs/united-states-america-v-dzhokhar-tsarnaev_718200.html
I got you’re joke, I make fun with T as well (although I made the mistake of defending the dumb ass a day or so ago…).
Let me make my point clear – all your whining about “due process” shows a clear, flat, poor understanding of criminal law, US Common Law, English Common Law, US Constitutional Law and the American jurisprudence system in general. The proof is that the system is working exactly like it was designed to. Lindsey and John Boy are entitled to their opinions – I think there’s something in one of those amendments about that.
Yes, I have made the mistake of defending T as well.
Its not whining about due process. Its true fear of not being able to live in a free country. I look at the freedoms that were available 40 years ago and see that many of these freedoms are gone. It used to be that you couldn’t yell fire in a movie theater. That’s fair. I get it. Now you get a visit from MIB if you dis a politico. That’s not fair or freedom. That’s communism, socialism, whatever.
Unfortunately you are 100% correct. Grahmnesty is allowed to state his opinion. Personally I would be 100% for an amendment that says “Boneheaded politicos can not speak out of turn, ever!”.
Have a Great Day!! :) There won’t be many left with the Demlicans and Republicrats in charge.
Frank Pytel
Is this a preview of your sermon tomorrow? You’re trying to claim this drama for yourself?
Self righteous bullshit,dude,and disrespectful.Man up.
Great, another internet lawyer – Will Folks.
Is this a preview of your sermon tomorrow? You’re trying to claim this drama for yourself?
Self righteous bullshit,dude,and disrespectful.Man up.
Great, another internet lawyer – Will Folks.
There was photographic evidence that two men carried bombs into a crowd of American citizens. When confronted, they were armed with automatic weapons and more bombs. They are believed to have robbed a convenience store and to have killed a policeman. They hijacked a car. Is Fitsnews suggesting that the police needed an indictment from a Grand Jury to arrest these men? When the younger man was confronted by police the second time, he again returned fire. Photographs from the scene show first responders working to save the younger man’s life. Is Fitsnews suggesting that Miranda warnings must be given in advance of first aid? I have been a lawyer for 41 years. I just don’t see any violations of constitutional law or criminal procedure that may have arisen under the facts of this particular case.
Lindsey Graham’s a lawyer, too, and he doesn’t see any constitutional violation here when there clearly is one. Wait, Lindsey, is that you?!?!
Nobody said the constitution has been violated. Sic clearly said, and I agree, that Grahmnesty, a LAWYER, is calling for the destruction of the laws of this country in the interest of expediency over the rights of this countries citizens.
Your a lawyer and you can’t read? Hmm. …. Yep, sounds like a lawyer. Twist the facts till you get what you want.
What Miss Gramnesty said is “…
“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city. The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorists trying to injure, maim, and kill innocent Americans. The suspect, based upon his actions, clearly is a good candidate for enemy combatant status. We do not want this suspect to remain silent.”…”
If the suspect, who was caught in the commission of numerous capital crimes including throwing bombs, presents an “immediate public safety threat, Miranda does not apply for up to 48 hours according to the US Supreme Court – I’m not sure I can always identify an “immediate public threat” but I think a guy who has demonstrated the ability to detonate numerous anti personnel bombs might be a “public safety threat” and I’m willing to take a chance on being wrong here.
If the suspect is treated as an enemy combatant he does not have Miranda rights. Frankly Miss Gramnesty and McPain are wrong about this one – I hope he is tried in state court so he can go to a poorly managed state prison and have sweet nothings whispered into his ear by several large, well endowed inmates. Even if all of his statements are thrown out, there is sufficent eyewitness and circustantial evidence to ensure he’ll get to meet those well endowed inmates.
There was photographic evidence that two men carried bombs into a crowd of American citizens. When confronted, they were armed with automatic weapons and more bombs. They are believed to have robbed a convenience store and to have killed a policeman. They hijacked a car. Is Fitsnews suggesting that the police needed an indictment from a Grand Jury to arrest these men? When the younger man was confronted by police the second time, he again returned fire. Photographs from the scene show first responders working to save the younger man’s life. Is Fitsnews suggesting that Miranda warnings must be given in advance of first aid? I have been a lawyer for 41 years. I just don’t see any violations of constitutional law or criminal procedure that may have arisen under the facts of this particular case.
Lindsey Graham’s a lawyer, too, and he doesn’t see any constitutional violation here when there clearly is one. Wait, Lindsey, is that you?!?!
Nobody said the constitution has been violated. Sic clearly said, and I agree, that Grahmnesty, a LAWYER, is calling for the destruction of the laws of this country in the interest of expediency over the rights of this countries citizens.
Your a lawyer and you can’t read? Hmm. …. Yep, sounds like a lawyer. Twist the facts till you get what you want.
What Miss Gramnesty said is “…
“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city. The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorists trying to injure, maim, and kill innocent Americans. The suspect, based upon his actions, clearly is a good candidate for enemy combatant status. We do not want this suspect to remain silent.”…”
If the suspect, who was caught in the commission of numerous capital crimes including throwing bombs, presents an “immediate public safety threat, Miranda does not apply for up to 48 hours according to the US Supreme Court – I’m not sure I can always identify an “immediate public threat” but I think a guy who has demonstrated the ability to detonate numerous anti personnel bombs might be a “public safety threat” and I’m willing to take a chance on being wrong here.
If the suspect is treated as an enemy combatant he does not have Miranda rights. Frankly Miss Gramnesty and McPain are wrong about this one – I hope he is tried in state court so he can go to a poorly managed state prison and have sweet nothings whispered into his ear by several large, well endowed inmates. Even if all of his statements are thrown out, there is sufficent eyewitness and circustantial evidence to ensure he’ll get to meet those well endowed inmates.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” I thnk two armed, bomb throwing, cop killing terrorists on the loose qualifies as “public danger.”
That part means they can be detained without a warrant first. Not he part ol Willie is in about, I think.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;” I thnk two armed, bomb throwing, cop killing terrorists on the loose qualifies as “public danger.”
That part means they can be detained without a warrant first. Not he part ol Willie is in about, I think.
FITS has baby blood on his hands….
You Shill for the rights of a child-killing Terrorist….Yet you are so timid amid the BUTCHERING of Helpless Infants at the hands of your party’s Abortionist…
The abortionist threw a baby in the toilet and then killed it, as it the baby tried to get out. He was soiled in baby’s blood, w/ all around him saturated…
So Little from FITS, the media, or the leftwing politicians…yet you use your forum to shill for a Child-Killing Terrorist…
You are the equal of those in Germany who laughed and partied as Hitler slaughtered innocent Jews…
Shame…SHAME on You….
Hey, you left out the Gay Gestapo…
FITS has baby blood on his hands….
You Shill for the rights of a child-killing Terrorist….Yet you are so timid amid the BUTCHERING of Helpless Infants at the hands of your party’s Abortionist…
The abortionist threw a baby in the toilet and then killed it, as it the baby tried to get out. He was soiled in baby’s blood, w/ all around him saturated…
So Little from FITS, the media, or the leftwing politicians…yet you use your forum to shill for a Child-Killing Terrorist…
You are the equal of those in Germany who laughed and partied as Hitler slaughtered innocent Jews…
Shame…SHAME on You….
Hey, you left out the Gay Gestapo…
Wrong headed artivle of the year!
Wrong headed artivle of the year!
I have shown innumberable times since I became the benevolent dictator of the South Carolina Judiciary that I only use that due process thing when it is convenient with me. Ask any judge or lawyer that has been involved with my Office of Disciplinary Counsel.
I have shown innumberable times since I became the benevolent dictator of the South Carolina Judiciary that I only use that due process thing when it is convenient with me. Ask any judge or lawyer that has been involved with my Office of Disciplinary Counsel.
Anybody else see this a the FIRST POSITION PAPER for the Nancy Mace Campaign against Lindsey Graham.
Clue: Graham is in trouble for being left of center. You cannot out-liberal him to a primary win.
And make no mistake about it: Laboring to find a loophole for a Jihadist Child-Killer is a Leftwing ideal….
So I’d say Mace (and her flunky, FITS) have fallen Flat on their faces in their salvo toward Graham. He’s likely laughing his @$$ at you, if you think extra-rights for terrorists is a winner…
He is an enemy combatant and should get a military tribunal, NOT a civilian criminal trial. The minute he wakes up, waterboard him. He wiped his ass with his naturalization papers–send him to GITMO. Looking out for his ‘rights’ belongs on Daily Kos. And to use that painting, cutting off the head of Obama who has done everything possible to cover to Nidal Hassan, who is providing military, financial, political, and diplomatic aid to country after country, creating a power block of Muslim Brotherhood run nations that will destroy Israel and then turn their efforts at US, is so disingenuous it makes me sick to my stomach. FITS has often ridiculed the anti-jihad wing of the right, the security moms, the national security voters that Romney dissed as well. You can’t expect much more from a protege of Grover Norquist, the muslim operative who himself belongs in Gitmo.
The FBI was last night hunting a 12-strong terrorist “sleeper cell” linked to the Boston marathon bomb brothers. Police believe Tamerlan and Dzhokhar Tsarnaev were specially trained to carry out the devastating attack. More than 1,000 FBI operatives were last night working to track down the cell and arrested a man and two women 60 miles from Boston in the hours before Dzhokhar’s dramatic capture after a bloody shootout on Friday. A source close to the investigation said: “We have no doubt the brothers were not acting alone. The devices used to detonate the two bombs were highly sophisticated and not the kind of thing people learn from Google.”
Uh, according to every major news outlet, those two people were arrested on unrelated immigration violations, so you might want read something a little more recent and chill out with the conspiracy theories. Also, the bombs were “highly sophisticated and not the kind of thing people learn from Google?”Please. They were kitchen pressure cookers filled with nails, ball bearings, and explosive powder, set off by simple kitchen timers – that’s been reported everywhere by law enforcement. Not exactly rocket science, and not exactly “sophisticated,” but again, conspiracy theorists tend to get confused on facts.
Anybody else see this a the FIRST POSITION PAPER for the Nancy Mace Campaign against Lindsey Graham.
Clue: Graham is in trouble for being left of center. You cannot out-liberal him to a primary win.
And make no mistake about it: Laboring to find a loophole for a Jihadist Child-Killer is a Leftwing ideal….
So I’d say Mace (and her flunky, FITS) have fallen Flat on their faces in their salvo toward Graham. He’s likely laughing his @$$ at you, if you think extra-rights for terrorists is a winner…
He is an enemy combatant and should get a military tribunal, NOT a civilian criminal trial. The minute he wakes up, waterboard him. He wiped his ass with his naturalization papers–send him to GITMO. Looking out for his ‘rights’ belongs on Daily Kos. And to use that painting, cutting off the head of Obama who has done everything possible to cover to Nidal Hassan, who is providing military, financial, political, and diplomatic aid to country after country, creating a power block of Muslim Brotherhood run nations that will destroy Israel and then turn their efforts at US, is so disingenuous it makes me sick to my stomach. FITS has often ridiculed the anti-jihad wing of the right, the security moms, the national security voters that Romney dissed as well. You can’t expect much more from a protege of Grover Norquist, the muslim operative who himself belongs in Gitmo.
The FBI was last night hunting a 12-strong terrorist “sleeper cell” linked to the Boston marathon bomb brothers. Police believe Tamerlan and Dzhokhar Tsarnaev were specially trained to carry out the devastating attack. More than 1,000 FBI operatives were last night working to track down the cell and arrested a man and two women 60 miles from Boston in the hours before Dzhokhar’s dramatic capture after a bloody shootout on Friday. A source close to the investigation said: “We have no doubt the brothers were not acting alone. The devices used to detonate the two bombs were highly sophisticated and not the kind of thing people learn from Google.”
Uh, according to every major news outlet, those two people were arrested on unrelated immigration violations, so you might want read something a little more recent and chill out with the conspiracy theories. Also, the bombs were “highly sophisticated and not the kind of thing people learn from Google?”Please. They were kitchen pressure cookers filled with nails, ball bearings, and explosive powder, set off by simple kitchen timers – that’s been reported everywhere by law enforcement. Not exactly rocket science, and not exactly “sophisticated,” but again, conspiracy theorists tend to get confused on facts.
President Abraham Lincoln did not believe in due process.
Why would President Frank Marshall Davis Obama be any different?
President Abraham Lincoln did not believe in due process.
Why would President Frank Marshall Davis Obama be any different?
I am hardly a squish on the Constitution, but I don’t really see the outrage from the decision not to Mirandize him. First, just to keep the proper perspective, keep in mind that this duty to affirmatively itemize your Constitutional rights to you before questioning was invented in 1966 by the Supreme Court. Second, folks are missing the distinction between a criminal defendant and an unlawful combatant, which is a legal distinction dating back to at least WWII.
The outrage expressed here is based upon the same misunderstanding of the law as Rand Paul’s filibuster (although Paul was abetted in his misguided demonstration by a weak response from the USAG). If a US citizen is actively waging war on this country, then he can absolutely be treated as an unlawful combatant. That means he is subject to the laws of war rather than any criminal law procedures. That means he can be interrogated without any Miranda rights or a civilian trial. US citizen Herbert Haupt could tell you all about that, if he had not been executed as a Nazi saboteur in 1942 following a military tribunal.
To determine whether someone is an unlawful combatant or a criminal, it would help to be able to interrogate them about their possible terrorist ties. If it turns out that there is no larger connection to Al-Queda, then the worst case is that you cannot use any evidence obtained (directly or indirectly) from the tainted interrogation in any subsequent criminal trial. But I would imagine the most junior prosecutor could get a conviction against this animal without too much trouble.
Well,the Administration has decided to charge him criminally. Not a huge fan of relying on the exception to Miranda rather than just determining whether he is a combatant or not, but the final point still holds – there is little downside to not Mirandizing him as long as the government is prepared to prosecute without any evidence it receives from any “tainted” interrogation if they lose this argument.
I am hardly a squish on the Constitution, but I don’t really see the outrage from the decision not to Mirandize him. First, just to keep the proper perspective, keep in mind that this duty to affirmatively itemize your Constitutional rights to you before questioning was invented in 1966 by the Supreme Court. Second, folks are missing the distinction between a criminal defendant and an unlawful combatant, which is a legal distinction dating back to at least WWII.
The outrage expressed here is based upon the same misunderstanding of the law as Rand Paul’s filibuster (although Paul was abetted in his misguided demonstration by a weak response from the USAG). If a US citizen is actively waging war on this country, then he can absolutely be treated as an unlawful combatant. That means he is subject to the laws of war rather than any criminal law procedures. That means he can be interrogated without any Miranda rights or a civilian trial. US citizen Herbert Haupt could tell you all about that, if he had not been executed as a Nazi saboteur in 1942 following a military tribunal.
To determine whether someone is an unlawful combatant or a criminal, it would help to be able to interrogate them about their possible terrorist ties. If it turns out that there is no larger connection to Al-Queda, then the worst case is that you cannot use any evidence obtained (directly or indirectly) from the tainted interrogation in any subsequent criminal trial. But I would imagine the most junior prosecutor could get a conviction against this animal without too much trouble.
Well,the Administration has decided to charge him criminally. Not a huge fan of relying on the exception to Miranda rather than just determining whether he is a combatant or not, but the final point still holds – there is little downside to not Mirandizing him as long as the government is prepared to prosecute without any evidence it receives from any “tainted” interrogation if they lose this argument.