You can’t control judges

From THE WALL STREET JOURNAL:

Judge Made Call to Advise Suspect of Rights

FBI Wanted to Question Dzhokhar Tsarnaev Further Under Public-Safety Exception
By DEVLIN BARRETT, SIOBHAN GORMAN and TAMER EL-GHOBASHY

A federal judge decided to advise Boston bombing suspect Dzhokhar Tsarnaev of his Miranda rights, even though investigators apparently still wanted to question him further under a public-safety exception.

The judge’s move, made on Monday in the hospital where Mr. Tsarnaev was recovering, has prompted some Republican lawmakers to press the Justice Department as to why it didn’t make a stronger bid to resist the judge’s plans.

Those lawmakers say Mr. Tsarnaev’s interrogation should have continued without him being advised of his right to remain silent, because they say agents should have had more time to determine if there were other undetected bombs or plotters. After being read his rights, the suspect stopped talking to investigators, officials said.

“There will be more instances like this, and we will need to have a much better understanding about what is appropriate,” House Intelligence Committee Chairman Mike Rogers (R., Mich.) said in an interview Thursday. “We have a long-standing tradition that the judiciary does not interfere with investigations. This sets a very dangerous precedent.”

More at the link.

There had been plenty of public speculation that Mr Tsarnaev would not be “Mirandized,” in the hope that such would enable interrogators to glean more information concern that after he was advised that he had the right to remain silent. Now he knows — although you’d have thought he’d have known it before — that if he talks, anything he says can be used against him.

I didn’t see a lot of reason for the hubbub about when Mt Tsarnaev would be Mirandized. Under the law, anything interrogators got from him prior to the Miranda warnings could not be used against him in court, but I always had doubts that Mr Tsarnaev had much valuable information. The bombs used were crude, with what was apparently off-the-internet designs, and the attacks, as harmful as they were, were still obviously amateurish: the Tsarnaevs were not suicide bombers, but seem to have given little thought as to how to have made their escape. A car, parked eight blocks away, with a full fuel tank, plenty of cash in their pockets, and camping gear in the trunk, and they’d never have been caught: they could have been in Maine in a couple of hours, and you can get lost very easily in upstate Maine; crossing into Canada would have been simple as well.

The Tsarnaevs’ actions bore none of the signs of being well-planned, and thus none of the signs which would indicate coordination with a wider circle of terrorists. And once the Tsarnaevs were publicly identified, any fellow conspirators or terror circle members they knew would have gone quickly to ground.

Whether I am right about that or not, it didn’t matter: the public discussion about when the younger Mr Tsarnaev would be Mirandized almost surely was known to the judge, and he took matters into his own hands. The FBI and the Justice Department don’t exercise control over judges, and this judge did as he thought best.

6 Comments

  1. The linked article is so full of naked misdirection it crosses the line into outright disinformation.

    The WSJ’s writers attempt to create the impression a fruitful FBI interview was interrupted on the initiative of Judge Marianne Bowler who decided to come to the hospital and read Dzhokhar Tsarnaev his Miranda rights. That’s pure poppycock.

    A federal judge decided to advise Boston bombing suspect Dzhokhar Tsarnaev of his Miranda rights, even though investigators apparently still wanted to question him further under a public-safety exception.

    The article goes on to throw out an obvious red herring, the writers pretend GOP lawmakers want to know why the Justice Department didn’t “resist the judge’s plans.” As if anyone with the brains of popsicle doesn’t already know full well the judge and the FBI are in cahoots and working in concert to implement the Justice Department’s dirty scheme to protect the Obama Administration from information Tsarnaev might reveal.

    Don’t forget the FBI is a Justice Department agency, and Judge Marianne Bowler is a Clinton Administration appointee who is so well known to be sympathetic to Islamic terrorists she’s been invited to lecture in several Arab states, including those under recent control of the Muslim Brotherhood.

    Justice Department spokesman Dean Boyd let the cat out of the bag when he revealed sealed charges were filed in Bowler’s court on a Sunday. Anyone recall the last time the DOJ filed charges on a Sunday?

    Mr. Boyd said Magistrate Judge Marianne Bowler made it clear on Sunday, after the first sealed charges were filed in her court against Mr. Tsarnaev, 19 years old, that the hearing would be held the following day.

    Once charges are filed federal rules require that defendants appear before a judge without unnecessary delay—usually defined as within one business day.

    Judge Bowler convened the brief, makeshift court hearing in the hospital room about 16 hours after the complaint was filed. (Not 16 hours into the FBI’s questioning) Her reading of the Miranda warning came as part of the formal presentation of charges to the suspect, an act that would normally take place in court.

    Now get this.

    The judge first told the Justice Department on Saturday that she intended to read Mr. Tsarnaev his rights on Monday, according to people briefed on the discussions.

    The DOJ and Judge Bowler conspired on Saturday to find a procedural excuse to prevent Dzhokhar Tsarnaev from telling what he knew, and they did it with the FBI’s cooperation.

    So, to stop Tsarnaev from revealing information about terrorist bombings, the FBI made a show of pretending to interview him while Eric Holder’s so-called Justice Department filed sealed charges over the weekend in the court of a judge known to be a Muslim sympathizer so she would have an excuse to shut down the questioning on Monday.

    And, these persons collect a paycheck from the taxpayers.

  2. Ask yourself what’s the purpose behind DOJ’s decision to file sealed charges against the Boston bomber. Whose interests are being served and who benefits from concealing the specific accusations?

    If Barack Obama and Eric Holder can define Major Nidal Hasan’s murderous rampage at Fort Hood as an act of workplace violence, what perversions of justice might our chief law enforcement officials resort to in their effort to obfuscate Dzhokhar Tsarnaev’s bloodthirsty acts of terrorist murder and mayhem?

    If 9/11 had happened on Obama’s watch and the hijackers had survived the crash into the Twin Towers would Obama and Holder have charged them with unlicensed operation of a commercial airliner? Was Japan guilty of littering when they dumped all those bombs and torpedoes on Pearl Harbor?
    Should Jeffrey Dahmer have been charged with violating the USDA’s meat inspection regulations?

  3. We need to make a list of Obama/Holder/Napolitano cover-ups.

    Boston
    Ft. Hood
    Benghazi
    Philadelphia Black Panther Voter Intimidation

    And they know the majority will just give them a pass.

    (And more)

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