swishnicholson wrote:Wizlah wrote:pacino wrote:I get what you, and he, are saying, but that didn't happen here. they asked about others still out there or bombs still out there. they didnt use it as a momen to get into the general 'war' on terror. taking this to bring up something completely different is fine, i guess, but it seems like trying to fit square into round just to drum the beat on GG's pet issue.
I can only judge his position from the column I read in the Guardian, but it seems to me that his point is not that this questioning was Obama/DOJ were using the situation to roll back civil liberties Rather he seems to be saying that what happened is now SOP, and has been since 2010.
It's easy to shrug it off and say this isn't an issue since this guy is clearly the bomber. But the bottom line is that the guy was questioned by a specialised interrogation team before being read his rights, and according to that memo, that info can (and was) used in court against him (in so far as in addition to the bombing, he's also been charged with a plot to do more damage in new york).
On the basis of what I've seen so far, there's little doubt that this guy is the bomber. But if the wrong person is in the frame, then they're going to be hit hard with interrogation and likely fess up to something they didn't do. Then get charged with it in court. And I'm not hypothesising here, because this happened with at least 17 people in similar situations in the UK (that's the Guildford Four, the Birmingham Six, and the Maguire Seven for reference). It will happen. It's not good. Greenwald and the ALCU are right to make noise about it, not least because history has shown that these increased powers do not prevent terrorist activity. The UK ran the whole gamut of this in the 70s: detention without charge, Diplock courts (losing the right to trial by jury), internment on the basis of being SUSPECTED of being a member of a terrorist organisation. And yet the IRA were still operationally capable enough to nearly kill Thatcher in the Brighton Hotel Bombing of 1984. And that's just the UK and Northern Ireland. Ask Putin how his problems with the Chechens are getting on after over what, 15 years of throwing the kitchen sink at them?
I thought my days of being left of pacino were long gone (if this can be cast as a left/right issue) but I think Wiz is right on the money here. You either have faith in your justice system or you don't, and if you start casting it out when things are really, really important then you're headed down a slippery slope. If you think the suspect has too many rights, well, revisit the issue and cast it into law. Equal protection means equal protection, it's pretty clear. And whether or not you "Mirandize" someone shouldn't mean a hoot, you have these rights or you don't, or they aren't actually rights. I hope every citizen knows them and can invoke them- I trust most do and knows they don't have to be called into being by pronouncing magic words or can disappear as long as the imp's name remains a secret.That's not to say THIS suspect was mistreated in any way, and the assertions of extra-judicial interrogation may have been in fact more political appeasement then any necessary or even out of the ordinary measures. But the fact that this appeasement works and that it's almost unanimous that some sort of treatment outside the law was necessary in this case is frightening in itself, since it speaks to a basic distrust of our legal institutions. And if it becomes accepted (or more accepted, since it already is by many) it will certainly result in innocent people being caught up, as well as engendering a disrespect for constitutional procedures that will inevitably corrupt a case and let the guilty go free.
the idea of him being charged with musings about an alleged plot in NYC is very worrisome.