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A New Way to Give the Miranda Warning

Apr 21, 2013|

Avi wants it on the MCAS!

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Welcome back morning good afternoon if you're just joining us now -- number two on the program this is nothing else in this is alive program. And therefore we invite your interaction your thoughts comments. And you can tell already that people who agree disagree with from the things that. -- and that's what this program usual Bob. 8774694322. Is the toll free number the text message code is six -- 680. Email address a Nelson at WRK dot com. Another email from JoAnne in Athens Ohio. -- sell whatever happened to little Kim. No fireworks from him a militia JoAnne. When I first read that it wouldn't talk about your and Obama -- Lil Kim the rapper but it's it's it's a machine not a heat. They're from (%expletive) me. Ed suggested that we're probably talking about Kim John -- -- And in North Korea who has been flushed it right off the front page of the papers well it's been going on here. So if that's the reference right no fireworks from him blasted off. It's. Okay. I thought it was rather good -- president of the budget this year -- to get that when you get plaudits from the produce you know you're doing. It's 7746943220. My connection on the program. -- Atlanta. -- out I can't hurt and it really Robert Niblock. And -- wanna share what you know people on the radio and it says -- windows media contact Crocker saying this sport so it. You know first of all they're -- terrorists that played the -- of Portuguese. And actually goes to show that people. Sometimes I mean you look at a person and they say older support -- You know he gets sucked in and gets stuck in that -- happen in -- weakness -- Well planned and the person as a murderous psyched up and when I hit that. You know being of that that's it and it is -- and so on the -- White House. -- -- You're actually right and I'm glad you brought that up because there already murmuring on the left. That this on the poor kid he's really a victim and it's not baseball team -- just see that how people try to generate sympathy for the for the kid is of these just sort of didn't miss that I used kidding quotes gives you. Yeah yeah absorb it -- the street yeah -- -- on -- -- to bomb threat says. We got mixed up. -- I don't get a top flight in Chechnya because a ball. The -- goings on there after all. -- you got to give give a little bit of benefit his mother was arrested for shoplifting. Right the the year before shut up -- -- tough life. Maybe it. Yeah no doubt that had a -- like we've got this great country and com I mean myself I'm excluded and another thought about murdering anybody I mean -- -- angry but -- to a point that down. I'm you know -- I'd I'd make -- planet but picking out something that's very important to so I hope I'm on the the -- marathon an attack on on the green in the United States of America. And -- well I I have a quality that would give people. And in I guess it is still. It's been resonates to anger -- it's controllable court let. I didn't want to stop in the end but people -- think that and remember. Take a look at what that person. Is and understand one thing. They see it means to an artery that we got the political watchers say that the time and it doesn't matter what the person looks like. Because you won't tell you we're gonna let you know quite what it was a great country. Mike thanks for calling. These risk disguised nineteen years old that makes him an adult he knows what it's all about the -- -- business of all port sympathy and probation would be too rough form. But there is already -- watch it -- you conceive can hear the murmuring shall the last. Got email by the -- email address and Nelson a wrko.com. From William. Who identifies himself as a retired lost and PD. Who met mean should care in 1975. It's midfielder I was playing softball and some complain that my car was on the field. -- -- -- remember question mark. Well no as a matter of fact I don't. However the rest of this is interesting. You've got a good memory William you remember that Clark. Parked on the softball fields who was your problem vote pulling in the -- why would report to their. You've got a better memory that I do. But now he goes on says it amazes me that these government officials. Patrick Menino and their ilk are all the Sanctuary City types. Until she puts it the fecal matter hits the plan. The state police under Romney were arresting illegals after traffic stops. That was canceled immediately. With the new governor. But he all the policies about immigration are wrong he writes common sense and shame have fled America. And he says take Carroll's friend William thank you for that that email initially be set -- these are the Sanctuary City types. And usually yet. 8774694322. Walter good afternoon your next on the program. Thank you for taking my ball. I was watching the news earlier. And I understand that Dianne Feinstein is dead set against this so. Being barred is that -- enemy combatant. So they'll move elsewhere for what I understand. It's -- are at the end. Court in Massachusetts. Even if he's found guilty. He would be life in prison. If he's tried as an enemy combatant he possibly can have the just penalty. If you are correct. He can he can have the death penalty even if he's tried as a murderer it's the federal level. So he could get the death penalty either way. Oh well announced a little that's a little bit of consolation. Because south LA what I sharper. Saying that. All I can think is is. How many other Americans have to solve all. -- of these people like Dianne Feinstein. To. She should just. Just understand that we're all tired lose. Does it like it's like the night at the expense of button collection and one of my favorites is. Victims have rights too right after the criminal. And that seems to -- the perfectly via. If your previous call it caught talking about out there they're all pretty -- in the debt or Bellic is a victim. These no bid to execute it. Is what -- are permitted to order what 800. Easily said bill I'm not -- -- dude out and -- the -- turned it resembles the red. Wish I could try is not a victim these perpetrators. Can GM want you to perpetrate it are seen him put to death. There are so -- put Timothy make it yeah. Walter thank you for the call on the beginning until now this and by the way that the yeah this is leasing the emotions running high here a little showed a menuing. We should get as much information from him and as far as I'm concerned to exact the maximum penalty for what he's done. 617 -- accident. -- said that 9/11 was a failure to communicate a failure to look yes there are some people who so that I wonder if this same problem here. Well let me get into the question of Miranda rights and enemy combatant detention which raised in the last with the last call. And apparently Elizabeth Warren distinguished US senator from Massachusetts. As soon as she did didn't come down either way there's I can gather. She said federal prosecutors need to quote find the right balance on court in deciding whether to read. Boston -- the bomber you know joke arts and his Miranda rights. Well I sort of dodged the issue doesn't it. That the Miranda issue the Miranda rights have to do with the informing. The suspect. As to what rights he -- if you don't do that then. Any information that you get out in theory cannot be used in court. Now -- regime exception to that. All the you know the public emergency exception which could be invoked. It could be invoked because. Because the authorities could say we want to know. If there are other bombs if there are other people planning things there's an emergency aspect to this. And therefore we have a right to ask the questions were bothering with the Miranda rights read it. The -- on how you get interpretations. This -- exceptional exclusion. Maybe last point 448 hours is nothing hardened last year in theory it could last longer specially since this guy is -- able to speak. The really talk a little bit about. The memoranda that -- and reading ms. Miranda rights vs treating this -- -- combatant. Is whether you're gonna treat -- missing US citizen or you say because in effect he's taken up arms against the United States and we are at war. With this terror this this jihadist. Militant. Muslim perspective. That therefore he can be treated. As an enemy he does need to be under British -- I -- the clear obvious example of that would be. You know in the civil war nobody was reading rights ought to confederate soldiers nor were they trying them in district court so -- there's some. -- you can get some context here. But more -- rights or interest in this well and I think there's 1966. And what the Supreme Court said wise the person in custody. Prior to interrogation. Must clearly be in for. That he has the right to remain silent. That anything he says. Will be used -- can be used against him in court. Must be clearly informed that he is a right to console with the attorney. And to have the attorney present during question. And -- indigent. We can't afford and turning. That an attorney will be provided at no cost to represented okay that's what the Miranda rights are all about. Now if you don't do that. Then whatever you get from the suspect you can't use in court in this case it doesn't matter. There's plenty to convict this guy they admitted they being the brother was alive at the time. They admitted to the guy whose car they had carjacked. That they were the bombers. And there's a whole bunch of other evidence is the video evidence that films all arrest. To say -- of the shooting against the in the shootout with the police there's ample evidence to convict them so they don't technically have to worry about this. Then the argument over whether -- enemy combatant or not let you think of him injured designated an enemy combatant. And some other worry about the Miranda stuff. Then you get to interrogate him and get as much information as you can you can decide later whether you want to prosecute him in district court or in the military tribunal system. An interesting sidebar here and I I heard George Andrew Napolitano who is and who of course judge and also a news quickly contributor or analysts on Fox News -- inching observation. And that is that the district court the federal courts have done a much better job handling. Terrorists. Trials. Then the military tribunals. I think he said there was three. Trials in the military tribunal system all three were convicted but then they were later released -- thing you know back to their countries of origin. And I think in the in the federal judiciary system some like fifty trials. They've all been convicted. And they're all serving long prison sentences so our natural inclination to think that -- well the federal judiciary. Will be a lot more lenient than the military one. I may not be the case in terms of what's actually going on. I I'd like to add one other thing to just read through what the intent is a brand. That the person has to be informed of these things. -- suggestion. And I think they should apply. To all people get green cards. To all naturalized citizens. Like. Like joke on Jeremiah. And put it on the MCAS exam you know I mean they send -- that you have to pass in order graduate from high school. I want all those people in those categories to be informed. Of this Miranda. Warning. In other words I want dome all to go and the shine off that they now understand. That they have the right there ever apprehended. Them the right to remain silent. That anything they -- can be used in court against film they have a right to an attorney and all the rest I want them all public knowledge. In advance. That they understand that's. Those you're never gonna need it or it could commit crimes so it'll just be knowledge that they can. And in the future we can take the position. Everybody's been -- dies should everybody with a green card. Everybody was a naturalized citizen and going forward everybody at least in the Commonwealth of Massachusetts who graduate from high school. Will now have been around nice and let's get on with it. The first suggestion. And then you know most important in the civil libertarians will have to admit that she winners. Guess they do know. Okay your thoughts are welcome. 8774694322. Is the phone numbers Susan good afternoon your next on the program. I have -- I love your idea that you just present dozens and unifying -- a lot of time a lot of problems get rid the ACLU. Yeah it who can complain right we we've veranda it's everybody's. -- I just Fredette call a previous I don't know it's just before me I believed. His Tagamet Dianne Feinstein. Wondering if she is bring -- this up without the military trying trying in this. In quotes prospect. On it in front of the military tribunal. -- it would get inherited Don you know in front of you know federal collect -- we get -- try him in front of the military tribunal she'll get her argument for gun control. -- hundred I'm not gonna -- to. I I'm not sure I know I don't see how she can get the gun control argument in two. Injuring his trial if she wants him to be trial that tried in district court. Once shame to have his Miranda rights read and the argument years and there are some validity to this by the way that he is a US citizen. And you know you can't take the position and I heard. Any terrorism expert on television today. Who took the position that this really isn't an act of terrorism this is just a mass murder. After all mean how do you differentiate between the two. How do you define terrorism vs mass murder. There were warmly when there's a serial killer on the loose we don't change -- terrorist. Now I think we would say there's terrorism involved. If you can connect him more. You know jihadist groups like al-Qaeda or something like that but supposing it's just two kids. Who went off the deep then as they grew up they got old enough young man. And they just took it upon themselves that they hate the system meant and they want to kill people. Well we're gonna have to believe that is to -- from this second one dies and -- god -- sister of a gonna get me it's yeah anyways. Yeah I don't. The I'm not sure that necessarily makes a difference as long as. What we yeah we do wanna get the information maturity dies and of course talk about trial is meaningless right and if he doesn't. Then talk about trial is very important. And -- it's it's going to be actually deceit. The legal Eagles debate this as to whether you have to treat him as an American citizen Casilla strikes he's a naturalized. Citizen. -- As of 9/11 -- -- 9/11 twelfth. This is just this past nine elevenths. And now we have to prove if you wanna treat him as an enemy combatant we have to prove that he is actually involved in some kind of war. Against the United States right. And that's real that's the way. That's what we'll have to be done this way interrogation is so important and why this is. An issue that's that's not gonna go away literally in matter shall well if you do. Given the Miranda rights she she than he can immediately get a lawyer and you know then you know in Lima. Idea that we look at it comes to state Massachusetts was gonna pick -- pick that up. -- -- Pick one up for him tick -- up and fool who -- who. Who -- is there is a public defender I'm not exactly sure I think you're right I think it does come from from Massachusetts. Why -- you wanna send their contribution to help -- and his defense. No. No I don't believe -- you even ask if at. Well I did because I thought I would get a chuckle out of you when you see it I try and some. I can't. Are you what are your very kind sanctions. 877469. Or 322 only she took it in the spurred which was offered who have to pause for a break and we may do okay. Commercial payment time back on the other side hope you'll join with us. 68680. Is the text message code a Nelson -- dot com. The email address. The toll free number 877469. 43 future. This is AMC TV WRK OI mark Nelson.