 In the midst of a war in a country outside of the United States with an
enemy being fought by the United States military, a person who is suspected
to be a major player in committing crimes of violence against Americans,
such as bombing the Consulate in Benghazi, Libya, is considered an enemy
combatant. As such, the practice has been to transport that individual to
GITMO for interrogation to determine the network of players in the act of
terror as well as trying to determine what else is planned in the future by
trying to learn when and where. After all, the individual had been running
free in Libya for the past two years. It is not a giant leap to consider he
might still be involved in planning violence against Americans.
So now the tagged fugitive is on a slow-boat to America. Presumably he is
talking on board the USS New York, but when he arrives in America the
American Presidential Administration will extend to him the rights of being
a citizen of the United States by giving him his Miranda warning and placing
him in the judicial system to stand trial in a federal criminal court. Of
course this plan will stop all efforts at gaining more information from him.
The Miranda right is a warning that is given by the police in the United
States to suspected criminals who are arrested for suspicion of committing a
crime. Miranda rights are not given to enemy combatants who have been
captured in a zone where terror attacks have been perpetrated against
American citizens in an American Consulate to an individual who has been
charged as being the ringleader of the attack on the Consulate. The
implication is that the individual arrested who is not a citizen of the
United States to whom the current Administration is granting rights to him
under the Constitution of the United States that guarantee the rights of
citizens, not terrorists.
The Constitution guarantees the rights of all United States' citizens of the
US to be protected against self-incrimination. The Fifth Amendment protects
citizens against being placed in custody and placed in jeopardy by direct
questioning regarding the suspected crime without being warned that
self-incrimination can and will be used against the individual in the
process of court hearings and judgments. Under the law if the law
enforcement agency or the military continues to question him without the
Miranda rights, all the information collected from him cannot be used in the
court of law and the prosecution will have a difficult time in convicting
him of the crimes the evidence seems to show him guilty.
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In addition to extending an enemy combatant the right against
self-incrimination under the Constitution's Fifth Amendment, the individual
is also being extending the citizen's rights under the Sixth Amendment of
the rights of counsel. As soon as legal counsel is provided for him his
silence regarding giving any further information is sealed. The legal
counsel will advise the individual to remain silent by informing him that he
does not have to say anything else under his protection of American law
normally extended only to U.S. citizens. Even though the questions presently
are taking place in international waters prior to his arrival in New York,
it is possible any information garnered from him of course may be used to
protect against any further attacks he may divulge, it could be denied use
in a court in the proceedings to convict him of criminal activity.
The extended, long-term consequences (unintended consequences) might be the
beginning of a long line of enemy combatants being brought direct from
arrest on the battle field to the American court system with all rights
under the Constitution afforded to such combatants. Even if the conviction
rate is currently a high percentage, there will come a day when a conviction
cannot be obtained. At that point that person would have to be released.
Let's hope if the current President is still in office on that day the
release will be transport back to his country of origin rather than the
streets of some city in America. Given the policy decisions of this
Administration, however, that is not a guarantee.
As the American people stand helplessly by and watch this latest episode
from this Administration continue to constantly erode the rights from
citizen Americans, at least voting citizens should seriously consider the
pathways being taken today by the liberal party and vote in November to
dismiss those whose policies are weakening America and stop the fundamental
change that is occurring.
[By JIM KILLEBREW]
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