DownsizeDC.org
May 18, 2010
Protecting Your Miranda Rights
By James Wilson

DownsizeDC.org is pleased to join with 34 other organization in sending a letter to Attorney General Eric Holder urging him to reconsider a proposal to weaken our Miranda rights (the right to remain silent when under arrest.)

The highly-publicized arrests of the alleged "underwear" and "Times Square" bombers have prompted Holder to propose broadening the already-existing "public safety exception" to our Miranda rights. As the letter below indicates, this would do nothing to protect us, and will only threaten our liberties.

May 17, 2010

Dear Attorney General Holder,

                We, the undersigned organizations, write to express our concern about your recent call to restrict the constitutional rights of individuals in the United States suspected of terrorist activity by seeking to codify or expand the “public safety exception” to Miranda v. Arizona.  Current law provides ample flexibility to protect the public against imminent terrorist threats while still permitting the use of statements made by the accused in a criminal prosecution.  Weakening Miranda would undercut our fundamental Fifth Amendment rights for no perceptible gain.

As you know, the Supreme Court crafted the “public safety exception” to Miranda more than 25 years ago in New York v. Quarles.  This exception permits law enforcement to temporarily interrogate suspected terrorists without advising them of their Miranda rights – including the right to remain silent and the right to an attorney – when “reasonably prompted by a concern for public safety.”  It allows federal agents to ask the questions necessary to protect themselves and the public from imminent threats before issuing a Miranda warning.  Provided the interrogation is non-coercive, any statements obtained from a suspect during this time may be admissible at trial. 

Law enforcement used the Quarles “public safety exception” to question Umar Farouk Abdulmutallab, the so-called “underwear bomber,” and Faisal Shahzad, the alleged “Times Square bomber.”  Both suspects reportedly provided interrogators with valuable intelligence during that time and continued to do so even after being advised of their rights.  As you observed during your May 9, 2010, appearance on “Meet the Press,” “the giving of Miranda warnings has not stopped these terror suspects from talking to us.  They have continued to talk even though we have given them a Miranda warning.”   

In the nearly nine years since the attacks of 9/11, the Department of Justice has obtained convictions in more than 400 international terrorism or terrorism-related cases without weakening Miranda or risking the safety of Americans.  The “public safety exception” is exception enough.  Should the need arise to conduct an un-Mirandized interrogation unrelated to any immediate threat to public safety, law enforcement is free to do so under the Constitution.  Miranda imposes no restriction on the use of unadvised statements for the purpose of identifying or stopping terrorist activity.  The Fifth Amendment only requires that such statements be inadmissible for the purposes of criminal prosecution.  Yet even this requirement has exceptions.  Un-Mirandized statements obtained outside the public safety exception may still be used for impeachment, and physical evidence discovered as a result of such statements may also be admissible.

We understand that the Department of Justice must confront serious threats to our national security and is responsible for taking the necessary steps to protect the safety of the American people. For this reason, we understand the Department’s reliance on the public safety exception in the Abdulmutallab and Shahzad investigations.  We believe, however, that current law provides all the flexibility that is necessary and constitutionally permissible.  Miranda embodies a centuries-old tradition designed to prevent coerced confessions that lead to wrongful incarceration and diminish our collective security.   Codifying or expanding the public safety exception would almost certainly lead to the exception being invoked far more often than is strictly necessary and would function as an end run around the constitutional requirements of Miranda.   We therefore urge you to reconsider your call for Congressional action to expand the public safety exception. 

We would be very interested in meeting with you or your staff to discuss this issue further.

Sincerely,

National Association of Criminal Defense Lawyers

Alliance for Justice

American Civil Liberties Union

Appeal for Justice

Asian Law Caucus

Bill of Rights Defense Committee

Brennan Center for Justice

Coalition for Humane Immigrant Rights of Los Angeles

Council on American-Islamic Relations

Center for International Policy

Center for Media and Democracy

Defending Dissent Foundation

Democrats.com

DownsizeDC.org, Inc.

Freedom and Justice Foundation

Friends Committee on National Legislation

Government Accountability Project

High Road for Human Rights

Human Rights First

Human Rights Watch

Muslim Legal Fund of America

New Security Action

No More Guantánamos

OneAmerica

Open Society Policy Center

Peace Action Montgomery

People For the American Way

Progressive Democrats of America

The Rights Working Group

U.S. Bill of Rights Foundation

Robert Jackson Steering Committee

Roderick MacArthur Justice Center

WarIsACrime.org

Witness Against Torture

World Organization for Human Rights USA

 

 

 

Blog commenting is currently under construction. In the meantime, you can send an email if there's something you'd like to tell us.

What Can We Do For You?

We can help you downsize the federal government, if you want that. All you have to do is join. It's free! In return...

We'll give you an army.

We're recruiting a huge army of supporters to work for what you want.

We'll give you influence.

The Downsize DC Army will exert relentless, resistance-numbing pressure on Congress.

We'll make your voice heard.

We'll use our growing army to make your beliefs heard by everyone, everywhere, every day.

We'll give you winning strategies.

Ideas like our "Read the Bills Act" and the "One Subject at a Time Act" will give you the leverage to win the public debate, control Congress, and Downsize DC!

We'll give you powerful tools.

  • Your free membership includes a subscription to our free email newsletter, the Consent Chronicle, which national talk show host Jerry Hughes calls by far the best newsletter he receives.
  • You'll be able to use our Educate the Powerful SystemSM to pressure Congress. It's easy. All it takes is a few mouse clicks and keyboard strokes. You can do it in your bathrobe while you're drinking your morning coffee, or during a break at work.
  • You'll also gain access to our 16-page strategy document, "The Downsize DC Vision." You'll learn about important insights like "ignoring an axiom," and powerful strategies like "picking off the herd." One reader called this document "the unified field theory" of political change.

To gain these benefits, just enter your email address in the box below and hit Subscribe!

Subscribe to the Consent Chronicle
Enter your email address twice: