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Getbig Main Boards => Politics and Political Issues Board => Topic started by: Soul Crusher on April 25, 2013, 08:51:21 AM
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Report: Federal Judge Compromised Investigation By Prematurely Mirandizing Tsarnaev
breitbart.com/Big-Government ^ | 4-25-2013 | John Nolte
Posted on Thursday, April 25, 2013 8:50:27 AM by servo1969
Thanks to the "Public Safety Exception" to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.
Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to a Fox News, FBI officials were "stunned" when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.
Apparently, prior to Judge Bowler reading him his rights, Tsarnaev was cooperating with investigators. The arrival of public defenders and the Justice Department, though, compromised the interrogation and now the belief is that "valuable intelligence may have been sacrificed as a result."
(Excerpt) Read more at breitbart.com ...
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:o
Megyn Kelly’s Surprise Revelation: FBI Was ‘Shocked’ to See Judge ‘Waltz’ in and Give Suspect Miranda Rights
http://www.theblaze.com/stories/2013/04/25/megyn-kelly-surprise-revelation-fbi-was-shocked-to-see-judge-waltz-in-and-give-suspect-miranda-rights/#
Regular viewers of Fox News are used to seeing popular host Megyn Kelly on their televisions every afternoon, but on Thursday morning Kelly made a special appearance during the morning to break some surprising information: according to her sources, the FBI was “shocked” to see a magistrate “waltz into” the hospital room of Dzhokhar Tsarnaev and read him his Miranda rights.
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why is this so shocking
the kid is an American citizen being charged with a crime
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why is this so shocking
the kid is an American citizen being charged with a crime
Because a judge rarely if EVER does something like unannounced. She probably got orders from Oh-Shit! to go in there to get the kid to shut up from spilling the beans.
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Because a judge rarely if EVER does something like unannounced. She probably got orders from Oh-Shit! to go in there to get the kid to shut up from spilling the beans.
Judges usually magistrate at the request of the police entity that is responsible for them. Whether the FBI was surprised or not, it is not an unusual and should have been an expected event.
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Judges usually magistrate at the request of the police entity that is responsible for them. Whether the FBI was surprised or not, it is not an unusual and should have been an expected event.
Since when does a judge not assigned to a case or in an arraignment part do something like this?
GMAFB already.
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Report: Federal Judge Compromised Investigation By Prematurely Mirandizing Tsarnaev
breitbart.com/Big-Government ^ | 4-25-2013 | John Nolte
Posted on Thursday, April 25, 2013 8:50:27 AM by servo1969
Thanks to the "Public Safety Exception" to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.
Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to a Fox News, FBI officials were "stunned" when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.
Apparently, prior to Judge Bowler reading him his rights, Tsarnaev was cooperating with investigators. The arrival of public defenders and the Justice Department, though, compromised the interrogation and now the belief is that "valuable intelligence may have been sacrificed as a result."
(Excerpt) Read more at breitbart.com ...
The public safety exemption is not indefinite and designed so an officer can question a suspect about immenint dangers like "where is the gun at?" so someone doesn't come along and find the gun and accidently hurt themselves or others. It was not designed for long term interrogations
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Judges usually magistrate at the request of the police entity that is responsible for them. Whether the FBI was surprised or not, it is not an unusual and should have been an expected event.
so everything he may have told the FBI prior to that cannot be used against him at his trial?
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so everything he may have told the FBI prior to that cannot be used against him at his trial?
Possible for sure since the questioning extended far beyond the exigency of the circumstances. Judge may have sabotaged this case legally.
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The mother of Boston Marathon bomber Tamerlan Tsarnaev knew as early as 2011 that her son had been radicalized and sent text messages to family in Russia suggesting he was willing to die for Islam, the FBI told lawmakers this week according to two officials with knowledge of the Capitol Hill briefing.
Tsarnaev, who was killed days after the April 15 bombing in a shootout with police, is said to have embraced radical Islam in recent years and recruited his younger brother, Dzhokhar Tsarnaev, to carry out the attack that killed three and wounded more than 180 near the finish line of the world's most prestigious road race.
Dzhokhar Tsarnaev was caught alive but wounded on Friday and charged with use of a weapon of mass destruction, for which he could get the death penalty.
The FBI filed a federal criminal complaint against the 19-year-old on Sunday, and federal District Court Judge Marianne Bowler arrived at the hospital where he is being treated to preside over his initial hearing Monday, when she read him his Miranda rights.
[FBI officials told The Associated Press Wednesday that Tsarnaev acknowledged to investigators his role in the attacks before he was advised of his constitutional rights. He reportedly said he was only recently recruited by his brother to be part of the attack.]
But Fox News' sources say there was confusion about Bowler's timing, with some voicing concerns that investigators were not given enough time to question Dzhokhar under the "public safety exception" invoked by the Justice Department.
Two officials with knowledge of the FBI briefing on Capitol Hill said the FBI was against stopping the investigators' questioning and was stunned that the judge, Justice Department prosecutors and public defenders showed up, feeling valuable intelligence may have been sacrificed as a result.
The FBI had been questioning Tsarnaev for 16 hours before the judge called a start to the court proceeding, officials familiar with the Capitol Hill briefing told Fox News. Moreover, the FBI informed lawmakers that the suspect had been providing valuable intelligence, but stopped talking once the magistrate judge read him his rights.
The exact timeline is unclear. A transcript of the court proceeding shows Bowler asking a doctor if Tsarnaev was "alert."
"You can rouse him," she says in the transcript.
"How are you feeling? Are you able to answer some questions?" the doctor asks Tsarnaev, who nods.
Although Bowler advised Tsarnaev, an ethnic Chechen and U.S. citizen, of his Miranda rights, it remains to be seen whether anything he told investigators before Bowler arrived can be admitted as evidence against him -- or whether such interrogations would even be needed to convict him, given the amount of other evidence referenced in the criminal complaint signed by FBI Special Agent Daniel Genck.
Some Republican lawmakers have criticized the Obama administration for deciding against treating Tsarnaev as an enemy combatant, which would allow more time for interrogating him. The public safety exception to Miranda lasts only 48 hours.
Read more: http://www.foxnews.com/politics/2013/04/25/tamerlan-tsarnaev-vowed-to-die-for-islam-judge-prematurely-stopped-brother/?fb_action_ids=512103545492339&fb_action_types=og.likes&fb_source=other_multiline&action_object_map=%7B%22512103545492339%22%3A308916662573988%7D&action_type_map=%7B%22512103545492339%22%3A%22og.likes%22%7D&action_ref_map=%5B%5D#ixzz2RVoJwaBF
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Possible for sure since the questioning extended far beyond the exigency of the circumstances. Judge may have sabotaged this case legally.
If anyone did that it was the FBI
anything he told the FBI prior to being read his rights could (likely will be) inadmissible ...no?
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If anyone did that it was the FBI
anything he told the FBI prior to being read his rights could (likely will be) inadmissible ...no?
The defense team will of course try to supress those statements unless they can show the guy just started talking from the get go, but that will near impossible.
Since he was a citizen, they should have read him his rights from the second they took him into custody.
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The defense team will of course try to supress those statements unless they can show the guy just started talking from the get go, but that will near impossible.
Since he was a citizen, they should have read him his rights from the second they took him into custody.
There is a saying among some cops that the first time a suspect should hear of the Miranda Rights is when they are asked in court if they waived them.
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There is a saying among some cops that the first time a suspect should hear of the Miranda Rights is when they are asked in court if they waived them.
Could be but they very clearly made it known that they were not going to read him his rights and initially treat him an an enemy combatant or use an exception.
As the evidence mounts that the younger brother was not an intl terrorist like the older brother - they may have screwed up the case unless they have other evidence.
He will probably be able to use the fuck up to avoid the death penalty.
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Does it really even matter?
Even if he beats every charge against him, I doubt they'll ever let him go. Probably just ship his ass to Gitmo.
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Does it really even matter?
Even if he beats every charge against him, I doubt they'll ever let him go. Probably just ship his ass to Gitmo.
he is an American citizen so it's going to be kind of hard to put him in Gitmo
even if he doesn't say another word and everything he has said so far is inadmissible they will still be able to convict him and put him away for life if not give him the death penalty. Realistically, how long would this guy even stay alive in jail
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This is unprecedented and extremely troubling.
The judge should be booted off the case as far as I'm concerned.
The judges job is to act as a neutral fact finder and referee the adversarial parties-- that's it. By definition, the judge is supposed to be outside the scope of the investigation.
Judges are not supposed to randomly show up following the arrest or detention of a suspect to give the miranda warning-- regardless of the circumstances.
It's like a Defense attorney giving jury instructions or the Prosecutor reading the verdict instead of the judge.
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he is an American citizen so it's going to be kind of hard to put him in Gitmo
even if he doesn't say another word and everything he has said so far is inadmissible they will still be able to convict him and put him away for life if not give him the death penalty. Realistically, how long would this guy even stay alive in jail
I think we can make a case for this being an act of treason and revoke his citizenship. Fuck him.
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People are saying that someone from the DOJ told the judge to do this. The federal government says they didn't. No one will check, no one will ever follow up, we will never know the truth. This is the pattern with the Obama administration. We still haven't gotten a straight answer about Benghazi and we likley never will. You voted for it America, enjoy!
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I think we can make a case for this being an act of treason and revoke his citizenship. Fuck him.
That might be true - AFTER a hearing.
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Since when does a judge not assigned to a case or in an arraignment part do something like this?
GMAFB already.
All the time. We have judges on duty/on call after hours to magistrate prisoners in hospitals. They never have anything to do with the case.. so GMAFB already
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All the time. We have judges on duty/on call after hours to magistrate prisoners in hospitals. They never have anything to do with the case.. so GMAFB already
You are utterly full of shit and the reason why i utterly detest most cops. You lie!
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There is a saying among some cops that the first time a suspect should hear of the Miranda Rights is when they are asked in court if they waived them.
been around cops 30 yrs, never heard that saying
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Since when does a judge not assigned to a case or in an arraignment part do something like this?
GMAFB already.
You claim to be a lawyer and yet you act like this is unheard of..
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been around cops 30 yrs, never heard that saying
I do some crim law - I have NEVER EVER had a case where a judge not assigned to a case or arraignment part show up to the location of a detained suspect to protect his rights unannounced like this.
But keep supporting thr statist bullshit. You would have been theperfect Nazi in 1930's Germany
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I do some crim law - I have NEVER EVER had a case where a judge not assigned to a case or arraignment part show up to the location of a detained suspect to protect his rights unannounced like this.
But keep supporting thr statist bullshit. You would have been theperfect Nazi in 1930's Germany
I'm handicapped with the experience you seem to lack. When a prisoner is hospitalized for any length of time a magistrate (that's a judge) is brought to the hospital room to magistrate them so that the prisoner can be exchanged from the police responsibility to the jailer responsibility. Here it happens probably twice a week. I don't really understand all the hoopla about it.
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I'm handicapped with the experience you seem to lack. When a prisoner is hospitalized for any length of time a magistrate (that's a judge) is brought to the hospital room to magistrate them so that the prisoner can be exchanged from the police responsibility to the jailer responsibility. Here it happens probably twice a week. I don't really understand all the hoopla about it.
I am not even a liberal type person, but this really is total nonsense by the police state.
You either read him his rights from the get go or you do not. The idea that judge shows up in the hospital unannounced and reads the rights is beyond absird to me
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I am not even a liberal type person, but this really is total nonsense by the police state.
You either read him his rights from the get go or you do not. The idea that judge shows up in the hospital unannounced and reads the rights is beyond absird to me
And, makes sense to me. It is likely he was summoned. I've never had a judge just take it upon themselves to show up. And I want to apologize for my prior comments to you. They were rude and uncalled for. Sorry.
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You are utterly full of shit and the reason why i utterly detest most cops. You lie!
Indeed he does. And often.
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And, makes sense to me. It is likely he was summoned. I've never had a judge just take it upon themselves to show up. And I want to apologize for my prior comments to you. They were rude and uncalled for. Sorry.
I have NEVER seen a judge take it upon himself to show up to the place of interrogation or detainment like this. NEVER.
You know and i know that in 99.9% of cases the police make an arrest pursuant to the penal code, notify the DA of a Felony or Misdemenor arrest, do an intake, place the matter on the arraignment docket pursuant to the criminal complaint, and then put it on the docket for arraignment for the charges pled.
The idea that the magistrate, not thr defense counsel, shows up to protect the rights of the accused unannounced is almost never done.
Be honest bro. Stop the bs.
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why is this so shocking
the kid is an American citizen being charged with a crime
I'm just surprised they didn't ship him off to another country to be tortured, or hide him away at Guantanamo without trial.
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http://www.thegatewaypundit.com/2013/04/judge-marianne-bowler-who-mirandized-boston-bomber-has-ties-to-muslim-countries
FrontPageMag has the following to report:
Judge Bowler has some interesting international connections. She is a member of the Member of the International Judicial Relations Committee of the Judicial Conference of the United States.
Apparently in that capacity, she visited and spoke on legal issues at a number of Muslim countries, becoming the first female judge to speak in Kuwait, appearing also in Egypt and in the United Arab Emirates.
Oddly enough, aside from a visit to the US embassy in Belgrade, those are the only international appearances that she lists and they all take place in Muslim countries.
While Islamic infiltration of our political system is well known, the infiltration of our legal system is less well known, but operates within similar parameters with foreign contacts being made. There is no way of knowing how much Bowler has been influenced by her connections with the legal and political systems of the Muslim world, but it is telling that her international judicial relations appear to begin and end with the Muslim world.
Read more here.
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Moooslims sympathizers have inflitrated our legal system.
That judge is a traitor and she should be investigated closely to see if there is something that can be found in order to remove her from that position. She is a disgrace.
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You are utterly full of shit and the reason why i utterly detest most cops. You lie!
Because you are unaware of a process doesn't mean I'm lying about it. Ask some of your criminal attorney friends next time you're at the coffee shop before one of your big cases.
Skip, you're backing the wrong horse my friend. Judges magistrate arrested suspects that will be staying in a hospital for more than the "treated and released" cases all the time.
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Indeed he does. And often.
Skip, ask your brother, assuming he is a cop in a decent sized city, and assuming he doesn't lie like the rest of us cops, and assuming he is sober at the time because we're all drunks, what the process is if one of his fellow officers arrests a suspect for a violent crime and the subject will be hospitalized for any length of time. Here, we contact a judge who either we transport to the hospital or the jailers will as the suspect becomes the jails responsibility the moment the person is magistrated. Otherwise we have officers tied up guarding the prisoner until he is released from the hospital.
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Skip, ask your brother, assuming he is a cop in a decent sized city, and assuming he doesn't lie like the rest of us cops, and assuming he is sober at the time because we're all drunks, what the process is if one of his fellow officers arrests a suspect for a violent crime and the subject will be hospitalized for any length of time. Here, we contact a judge who either we transport to the hospital or the jailers will as the suspect becomes the jails responsibility the moment the person is magistrated. Otherwise we have officers tied up guarding the prisoner until he is released from the hospital.
The guy was transferred this morning to prison. So much for that theory. ::)
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When I was arrested, I was dressed in black
They threw me on a freight train and hauled me back
Had no friend who'd go my bail
They stuck my dried-up carcass in that county jail
Early next mornin', 'round half past nine
I saw the sheriff comin' down the line
That sheriff yelled as he cleared his throat
Said, "Come on you dirty hack into the district court"
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The guy was transferred this morning to prison. So much for that theory. ::)
Not at all
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Not at all
The guy was seen on video coming out of the boat on his own.
We are being sold a complete fairy tale by the police and govt on this cover up for their failures and incompetence in this.
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The guy was seen on video coming out of the boat on his own.
We are being sold a complete fairy tale by the police and govt on this cover up for their failures and incompetence in this.
Keep tellin yourself that..
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The guy was seen on video coming out of the boat on his own.
We are being sold a complete fairy tale by the police and govt on this cover up for their failures and incompetence in this.
man, with the obama admin, this has been the case every fcking time. every time. going back to the pirates and bin laden.
and while you might call me a kneepadder, i have been the FIRST one to call bullshit on everything he's put out. Even when getbiggers called me an ass for "doubting the OBL story..."
when it sounds too perfect, IT IS.
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Government of Kuwait, Kuwait City (1997‐first US woman judge to speak in
Kuwait
Government of Egypt (2012)‐presentation on enforcement of foreign court
orders in cross border financial investigations, presentations before
the Court of Cassation and Cairo University Law School
Judicial Institute of the United Arab Emirates(UAE) at Sharjah (2011)‐presentation
on copyright and trademark law
She gave a talk to the government of Egypt in 2012? The Muslim Brotherhood?
Yeah -NOTHING STRANGE HEAR!
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Because you are unaware of a process doesn't mean I'm lying about it. Ask some of your criminal attorney friends next time you're at the coffee shop before one of your big cases.
Skip, you're backing the wrong horse my friend. Judges magistrate arrested suspects that will be staying in a hospital for more than the "treated and released" cases all the time.
You hitting the pipe again Agnostic?
How could I be backing the wrong horse when I haven't said you are lying here? I was just agreeing that you do lie.
As for this, I don't know if you're being honest here or not. And, I don't care.
If a judge goes to the hospital or stays in a court room, it makes no difference to me as long as the person is being treated fairly.
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Skip, ask your brother, assuming he is a cop in a decent sized city, and assuming he doesn't lie like the rest of us cops, and assuming he is sober at the time because we're all drunks, what the process is if one of his fellow officers arrests a suspect for a violent crime and the subject will be hospitalized for any length of time. Here, we contact a judge who either we transport to the hospital or the jailers will as the suspect becomes the jails responsibility the moment the person is magistrated. Otherwise we have officers tied up guarding the prisoner until he is released from the hospital.
Once again, I don't care.
And as for the 'all' cops crap, just more made up bullshit from you...which is becoming rather typical.
Since you like to lie...let me help you clear things up.
I have no problem with the force they used to apprehend the guy. Even if he didn't have a gun, they could reasonably believe he had bombs to throw. I have great concern about people giving up their liberty for a 'little' and I mean a 'little' security. I don't give two fucks about where the judge 'magistrates' from.
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Once again, I don't care.
And as for the 'all' cops crap, just more made up bullshit from you...which is becoming rather typical.
Since you like to lie...let me help you clear things up.
I have no problem with the force they used to apprehend the guy. Even if he didn't have a gun, they could reasonably believe he had bombs to throw. I have great concern about people giving up their liberty for a 'little' and I mean a 'little' security. I don't give two fucks about where the judge 'magistrates' from.
Skip, please stop your lying.. it really is out of control
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Skip, please stop your lying.. it really is out of control
Stellar comeback. ::)