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-   -   Miranda Rights for High-Level "Combatants" (https://www.apostolicfriendsforum.com/showthread.php?t=24580)

n david 06-10-2009 01:03 PM

Miranda Rights for High-Level "Combatants"
 
Flipping ridiculous ...

So over in Afghanistan, when we capture an enemy (especially a high-value target) the brain-dead BHO Administration has ordered our troops to read Miranda Rights to these terrorists!?!

What next, first-class tickets on flights back to the US for a court hearing?

I know our resident BHO apologizer will do his best to spin it ... but this is ridiculous. And it shows how much a novice this president and the administration is; and how ignorant they are when it comes to the war on terror.

This is war ... not some stupid traffic stop.

Source

Pressing-On 06-10-2009 01:47 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by n david (Post 759266)
Flipping ridiculous ...

So over in Afghanistan, when we capture an enemy (especially a high-value target) the brain-dead BHO Administration has ordered our troops to read Miranda Rights to these terrorists!?!

What next, first-class tickets on flights back to the US for a court hearing?

I know our resident BHO apologizer will do his best to spin it ... but this is ridiculous. And it shows how much a novice this president and the administration is; and how ignorant they are when it comes to the war on terror.

This is war ... not some stupid traffic stop.

Source

BHO is our worst nightmare!

Digging4Truth 06-10-2009 01:51 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by n david (Post 759266)
Flipping ridiculous ...

So over in Afghanistan, when we capture an enemy (especially a high-value target) the brain-dead BHO Administration has ordered our troops to read Miranda Rights to these terrorists!?!

What next, first-class tickets on flights back to the US for a court hearing?

I know our resident BHO apologizer will do his best to spin it ... but this is ridiculous. And it shows how much a novice this president and the administration is; and how ignorant they are when it comes to the war on terror.

This is war ... not some stupid traffic stop.

Source

It sounds like this would actually be a wise move... especially with high level combatants.

We are America... and we do have a judicial system that has rules to abide by.

If the soldiers read them their miranda rights then we have now ensured that the technicality of ensuring they were properly mirandized has been taken care of. People have been released because they were not properly mirandized.

Does it not seem prudent to ensure that this is made a firm part of policy so that there is one less technicality that a true high level combatant might get released on?

Pressing-On 06-10-2009 01:56 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759310)
It sounds like this would actually be a wise move... especially with high level combatants.

We are America... and we do have a judicial system that has rules to abide by.

If the soldiers read them their miranda rights then we have now ensured that the technicality of ensuring they were properly mirandized has been taken care of. People have been released because they were not properly mirandized.

Does it not seem prudent to ensure that this is made a firm part of policy so that there is one less technicality that a true high level combatant might get released on?

Doesn't that just mess up military tactics? The articles states and I agree -

Quote:

Rogers adds: “The problem is you take that guy at three in the morning off of a compound right outside of Kabul where he’s building bomb materials to kill US soldiers, and read him his rights by four, and the Red Cross is saying take the lawyer – you have now created quite a confusion amongst the FBI, the CIA and the United States military. And confusion is the last thing you want in a combat zone.”

One thing is clear, though. A detainee who is not talking cannot provide information about future attacks. Had Khalid Sheikh Mohammad had a lawyer, Tenet wrote, “I am confident that we would have obtained none of the information he had in his head about imminent threats against the American people.”

Digging4Truth 06-10-2009 01:58 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Pressing-On (Post 759313)
Doesn't that just mess up military tactics? The articles states and I agree -

That would depend on whether he walked free later on because we did not uphold our own rule of law.

n david 06-10-2009 01:59 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Pressing-On (Post 759305)
BHO is our worst nightmare!

I want to give a big shout-out and thank you to all those who simply voted for BHO ---- to take a part in history.

Who cares about his record....
Who cares about his qualifications...
Who cares about experience...
Who cares about his socialist leanings...

Shoot, they just wanted to vote the first African American as President.

Thanks, morons. Do me and others a favor ... don't ever vote again. The ignorance of voters on the issues is and will continue to cause this country to pay dearly.

Pressing-On 06-10-2009 02:00 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759314)
That would depend on whether he walked free later on because we did not uphold our own rule of law.

I think it's politicizing military manuvers and I don't agree with it.

Baron1710 06-10-2009 02:01 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759310)
It sounds like this would actually be a wise move... especially with high level combatants.

We are America... and we do have a judicial system that has rules to abide by.

If the soldiers read them their miranda rights then we have now ensured that the technicality of ensuring they were properly mirandized has been taken care of. People have been released because they were not properly mirandized.

Does it not seem prudent to ensure that this is made a firm part of policy so that there is one less technicality that a true high level combatant might get released on?

Miranda is a court created "right" it is a bunch of nonsense. We sure don't need to be extending already bad law beyond our borders. We didn't have to Mirandize before the 1966 and a 5-4 SC decision.

Digging4Truth 06-10-2009 02:02 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Pressing-On (Post 759317)
I think it's politicizing military manuvers and I don't agree with it.

It would seem that this would take place in the aftermath of military maneuvers.

Pressing-On 06-10-2009 02:03 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by n david (Post 759316)
I want to give a big shout-out and thank you to all those who simply voted for BHO ---- to take a part in history.

Who cares about his record....
Who cares about his qualifications...
Who cares about experience...
Who cares about his socialist leanings...

Shoot, they just wanted to vote the first African American as President.

Thanks, morons. Do me and others a favor ... don't ever vote again. The ignorance of voters on the issues is and will continue to cause this country to pay dearly.

Listen to Jon Voight - He's great!

http://www.youtube.com/watch?v=s75P8xNMZEE

Pressing-On 06-10-2009 02:04 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759320)
It would seem that this would take place in the aftermath of military maneuvers.

How could it if they have to have their rights read to them first? They have no rights as terrorists.

Digging4Truth 06-10-2009 02:04 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Baron1710 (Post 759318)
Miranda is a court created "right" it is a bunch of nonsense. We sure don't need to be extending already bad law beyond our borders. We didn't have to Mirandize before the 1966 and a 5-4 SC decision.

Speaking concerning the court ruling you mention here.

Do I not have the right to remain silent?
Do I not have the right to an attorney?
etc

So you feel it is "bad law" to ensure that we are informed of our rights?

What rights abuses led to the court case?

Timmy 06-10-2009 02:05 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by n david (Post 759316)
I want to give a big shout-out and thank you to all those who simply voted for BHO ---- to take a part in history.

Who cares about his record....
Who cares about his qualifications...
Who cares about experience...
Who cares about his socialist leanings...

Shoot, they just wanted to vote the first African American as President.

Thanks, morons. Do me and others a favor ... don't ever vote again. The ignorance of voters on the issues is and will continue to cause this country to pay dearly.

Tell us how you really feel, n david! :lol

Timmy 06-10-2009 02:05 PM

Re: Miranda Rights for High-Level "Combatants"
 
Is it time for me to mention Romans 13 again?

Nah. Didn't think so.

:toofunny

Digging4Truth 06-10-2009 02:06 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Pressing-On (Post 759322)
How could it if they have to have their rights read to them first? They have no rights as terrorists.

Oh... my bad.

I wasn't aware they were terrorists until proven otherwise.

Pressing-On 06-10-2009 02:09 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759327)
Oh... my bad.

I wasn't aware they were terrorists until proven otherwise.

LOL! Digging! War is not the same thing as robbing a grocery store. LOL! Foreigners just simply should not have the same legal rights as an American.

Baron1710 06-10-2009 02:09 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759323)
Speaking concerning the court ruling you mention here.

Do I not have the right to remain silent?
Do I not have the right to an attorney?
etc

So you feel it is "bad law" to ensure that we are informed of our rights?

What rights abuses led to the court case?

What other rights should the police inform you of before questioning you? Should they tell you you have a right to free speech? the right to bear arms? You do have that right the issue in Miranda was, "Does the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?"

4 of the 5 Justices said, "no" I agree with the dissenters.

n david 06-10-2009 02:15 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Timmy (Post 759324)
Tell us how you really feel, n david! :lol

LoL ... sorry, got a little carried away there.

You know, there were a few talk/tv shows that made a joke of it through the so-called "man on the street interviews" - Howard Stern and Letterman were a couple ... but people were truly ignorant of what the issues were. They had no clue, they were simply voting to make history.

Incredible. With so much at stake ... and people are voting based solely on race and making history? :nah

Unfortunately, they're making history, just not the history I'm sure they'll be proud of.

Baron1710 06-10-2009 02:18 PM

Re: Miranda Rights for High-Level "Combatants"
 
"I believe the decision of the Court represents poor constitutional law and entails harmful consequences for the country at large. How serious these consequences may prove to be only time can tell. But the basic flaws in the Court's justification seem to me readily apparent now once all sides of the problem are considered." From Justice Harlan's dissent in Miranda...Prophetic?

Digging4Truth 06-10-2009 02:28 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Baron1710 (Post 759329)
What other rights should the police inform you of before questioning you? Should they tell you you have a right to free speech? the right to bear arms? You do have that right the issue in Miranda was, "Does the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?"

4 of the 5 Justices said, "no" I agree with the dissenters.

That would be 4 of the 9... and the dissenters were in the minority so it is the law of the land.

And... no... they shouldn't inform you of your right to vote... your right to bear arms... your right a homestead exemption... or any other right not related to the current arrest that is being undertaken at that moment.

At the moment of arrest the relevant rights are that you do not have to say anything that might incriminate yourself and you have a right to legal counsel. Those are the pertinent rights at that moment in time.

Pressing-On 06-10-2009 03:19 PM

Re: Miranda Rights for High-Level "Combatants"
 
A Soldier's Perspective

Miranda Rights for Terrorists?

Would this have any affect on the loss of life?

Casualties for both American and Iraqi forces, as well as Iraqi civilians, would soar since we would effectively lose any early warning of terrorist plans. A good number of threats have been neutralized before they materialized because of good intelligence from captured terrorists.

Could this cost us the war?


That is the toughest question. I honestly think that it could cost us the war not only in Iraq, but the Global War on Terror. This war is one that will not be won if terrorists are granted rights like those outlined in the Fifth Amendment and in Miranda. The enemy we face does not act like a traditional armed force, nor do they use tactics like a traditional armed force.

http://www.soldiersperspective.us/20...or-terrorists/

Pressing-On 06-10-2009 03:45 PM

Re: Miranda Rights for High-Level "Combatants"
 
I had forgotten about this from 2006. It seems that the issue started spiraling down then to where it is today. From a few articles, it appears the blame is falling at the feet of John McCain in 2006.

Quote:

September 20, 2006
Applying the Geneva Convention Will Destroy It
Recently, the United States Supreme Court bestowed upon al Qaeda terrorists (Hardly an organized or accountable military entity) the 'rights' of prisoners under the Geneva Convention. In doing so, the Court committed an act of blatant and unconstitutional activism that makes a mockery of the Convention, and in a former era would have resulted in their impeachment and removal from the bench.

To justify this outrage, the court invoked a phony premise that it was somehow ensuring that Americans, captured by al Qaeda members or their allies, would receive reciprocal consideration. Yet it is beyond absurd to expect that people who clearly intend to wage and win their wars through wanton brutality and cruelty would ever defer to such behavior.

With every effort to restrict and undermine that ability, the American left (A cabal that now undeniably includes the likes of Arizona Senator John McCain) increases the likelihood that America's enemies will abuse and kill captured American servicemen and women with impunity.
http://www.americanthinker.com/2006/...onvention.html

Baron1710 06-10-2009 05:51 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759338)
That would be 4 of the 9... and the dissenters were in the minority so it is the law of the land.

And... no... they shouldn't inform you of your right to vote... your right to bear arms... your right a homestead exemption... or any other right not related to the current arrest that is being undertaken at that moment.

At the moment of arrest the relevant rights are that you do not have to say anything that might incriminate yourself and you have a right to legal counsel. Those are the pertinent rights at that moment in time.

Yes, 4 of 9 I must have been thinking of the dentists who recommend Trident. My point in noting the 4 dissenters is that its not so clear cut and it certainly has gone beyond just informing them of their rights. What that means is the minute a terrorist asks for an attorney, interrogation over. Period. That is not what should be happening on the battlefield. Where else in life are you told of your "pertinent rights"? When you slip and fall at the grocery store should they be required to tell you what legal options you have? When someone breaches a contract do they send you a list of legal options to remedy it?

This was bad law over 40 years ago and it is even worse when applied to war situations. Do you seriously think no one had 5th Amendment rights prior to Miranda?

Esther 06-10-2009 06:58 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Pressing-On (Post 759322)
How could it if they have to have their rights read to them first? They have no rights as terrorists.

Finally someone with a brain.

Now if only we could find a leader with one.

Scott Hutchinson 06-10-2009 08:07 PM

Re: Miranda Rights for High-Level "Combatants"
 
Will these Miranda rights cards be written in foriegn languages,how will solidiers be able to communicate to people who speak a langauge other that English ?

Scott Hutchinson 06-10-2009 08:08 PM

Re: Miranda Rights for High-Level "Combatants"
 
http://www.mirandawarning.org/histor...dawarning.html

Scott Hutchinson 06-10-2009 08:10 PM

Re: Miranda Rights for High-Level "Combatants"
 
http://www.redcross.lv/en/conventions.htm

Praxeas 06-11-2009 01:33 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759310)
It sounds like this would actually be a wise move... especially with high level combatants.

We are America... and we do have a judicial system that has rules to abide by.

If the soldiers read them their miranda rights then we have now ensured that the technicality of ensuring they were properly mirandized has been taken care of. People have been released because they were not properly mirandized.

Does it not seem prudent to ensure that this is made a firm part of policy so that there is one less technicality that a true high level combatant might get released on?

Those rules are for Americans though. The Miranda is for Americans.

Praxeas 06-11-2009 01:36 AM

Re: Miranda Rights for High-Level "Combatants"
 
Al Queda are not signatories to the Geneva Convention

Digging4Truth 06-11-2009 07:35 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Baron1710 (Post 759401)

Do you seriously think no one had 5th Amendment rights prior to Miranda?
[/FONT]

No... not in the least.

But I do think that many people were unaware of those rights.

Digging4Truth 06-11-2009 07:39 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Praxeas (Post 759517)
Those rules are for Americans though. The Miranda is for Americans.

The Miranda is for people in the American court system.

If someone illegally crosses the border from Mexico to the US and they are arrested, while they are not Americans, they still have the same rights because they have been brought into our legal system and those rights are available to every one who is brought into that legal system.

They might not be Americans. But we are. So we afford those rights to those who are in our legal system.

Baron1710 06-11-2009 09:50 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759555)
The Miranda is for people in the American court system.

If someone illegally crosses the border from Mexico to the US and they are arrested, while they are not Americans, they still have the same rights because they have been brought into our legal system and those rights are available to every one who is brought into that legal system.

They might not be Americans. But we are. So we afford those rights to those who are in our legal system.

Actually you don't have the same rights at border crossings and the areas surrounding them. Not even America citizens have the same rights. Border crossings are a recognized exception which is a great argument for why we should not be applying our laws to the battlefield.

Digging4Truth 06-11-2009 09:55 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Baron1710 (Post 759621)
Actually you don't have the same rights at border crossings and the areas surrounding them. Not even America citizens have the same rights. Border crossings are a recognized exception which is a great argument for why we should not be applying our laws to the battlefield.

This particular Mexican national that I was speaking about in my example made it 127 miles from the border before being caught.

What you state is totally true... and totally crazy.

Over 1/2 of the US population lives within 100 miles of our borders and rights are reduced in this zone.

Praxeas 06-11-2009 03:00 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759555)
The Miranda is for people in the American court system.

If someone illegally crosses the border from Mexico to the US and they are arrested, while they are not Americans, they still have the same rights because they have been brought into our legal system and those rights are available to every one who is brought into that legal system.

They might not be Americans. But we are. So we afford those rights to those who are in our legal system.

No the miranda is read to people BEFORE they enter the American court system. It's a right. It's a privilege to protect our Freedoms....why is that available to enemy combatants?

Why not also give them the right to vote? Let them go free and live here like Americans too?

Illegals are not enemy combatants either so they should not be treated the same.

Baron1710 06-11-2009 07:39 PM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759629)
This particular Mexican national that I was speaking about in my example made it 127 miles from the border before being caught.

What you state is totally true... and totally crazy.

Over 1/2 of the US population lives within 100 miles of our borders and rights are reduced in this zone.

First of all no court would extend it out 100 miles from the border, second it is not crazy, it makes good sense. Just like it makes good sense not to give Miranda warnings to a terrorist. The reality of it is a drunk driving checkpoint is a violation of your rights, they get around it by putting checkpoints in places where you have alternative routes.

Tell you what when we catch them and read them their rights maybe we can put them up at your place for a few days while they are out on bail.

Digging4Truth 06-12-2009 06:24 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Baron1710 (Post 759866)
First of all no court would extend it out 100 miles from the border, second it is not crazy, it makes good sense. Just like it makes good sense not to give Miranda warnings to a terrorist. The reality of it is a drunk driving checkpoint is a violation of your rights, they get around it by putting checkpoints in places where you have alternative routes.

Tell you what when we catch them and read them their rights maybe we can put them up at your place for a few days while they are out on bail.

At the time of the Miranda reading there are no terrorists because everyone is innocent until proven guilty in a court of law.

Baron1710 06-12-2009 06:31 AM

Re: Miranda Rights for High-Level "Combatants"
 
Quote:

Originally Posted by Digging4Truth (Post 759926)
At the time of the Miranda reading there are no terrorists because everyone is innocent until proven guilty in a court of law.

Are you aware of what takes place on the battlefield? We are not talking about someone we pick up on the NY subway here. When our military captures someone that moments before was shooting at them, there is no presumption of innocence. These guys don't even fight according to the rules of war yet we want to offer them the protection as if they do, and on top of that we now want to treat them as US citizens.

BTW these guys are given several hearings before we determine they are terrorist. We have no desire to house people who are not a threat nor have information that is useful to us. Do you think the average soldier in the field determines who we detain?

Jermyn Davidson 06-12-2009 02:34 PM

Re: Miranda Rights for High-Level "Combatants"
 
Par tof the problem in the war we are waging in Afghanistan and Iraq is that our enemies are worth more to us alive than dead.


Using the military as policemen is not what I'd prefer.

But simply killing them will not bring victory.


So how do we win these wars?

Guns and violence alone won't do it.
It takes diplomacy.

This change of policy is a diplomatic gesture aimed at changing the Arab's world view of America in their backyard.



I understand this decsion, but I don't like it.
Mr. Ridge had to go along with it.


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