One Step Two Steps Nearer The Edge
Thursday, March 24, 2011
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Rights Are Curtailed for Terror Suspects
New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.
The move is one of the Obama administration's most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.
The Supreme Court's 1966 Miranda ruling obligates law-enforcement officials to advise suspects of their rights to remain silent and to have an attorney present for questioning. A 1984 decision amended that by allowing the questioning of suspects for a limited time before issuing the warning in cases where public safety was at issue.
That exception was seen as a limited device to be used only in cases of an imminent safety threat, but the new rules give interrogators more latitude and flexibility to define what counts as an appropriate circumstance to waive Miranda rights. more WSJ
Power to strip search passengers claimed by Feds
In a breathtaking statement delivered in an official court proceeding, the federal Department of Homeland Security (DHS) claims authority to strip search every airline passenger; and to begin such a practice without even soliciting comment from the public.
This outrageous statement recently was delivered to the American people by a DHS lawyer in arguments before the U.S. Circuit Court of Appeals for the District of Columbia Circuit, which is considering a challenge to the Transportation Security Administration (TSA) nude body scanner devices. The suit was brought by the Electronic Privacy Information Center (EPIC).
Currently TSA, which is a component of DHS, claims authority to subject passengers to either an intrusive hand searches or to x-ray scans that reveal a nude image of the passengers’ bodies. Many, including this author and EPIC, consider such searches unconstitutional as violative of the the Fourth Amendment to our Constitution, which prohibits “unreasonable” searches, because they are being conducted without any suspicion at all that such passengers are attempting to bring weapons or explosives on board commercial aircraft.
The U.S. House is scheduled to open hearings today on TSA searches and authorities.
Most observers expect the D.C. Appeals Court to uphold TSA’s current practices. This would leave only the Congress to put a stop to these outrageous, privacy-invasive and unconstitutional searches by the federal government. If TSA and DHS are permitted to continue unchecked, then truly the Fourth Amerndment will have been gutted; and with it, the single most important and effective check on government power enjoyed by the American People for over two centuries.
by Bob Barr — The Barr Code
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