I was watching Meet the Press this morning, Rachel Maddow kept putting representative Aaron Schock (R-Illinois) on the spot and he kept throwing back the same tired Republican talking points that have all been proven wrong. Case in point:
Maddow: “What’s the basis of the assertion that reading someone their Miranda rights is unsafe? We did that with every single person who has been arrested on terrorism charges since 9/11. Nobody’s ever made an issue of it until the Obama Administration and this case with Abdul Mattoulah. Literally, what’s the problem with being read your rights that wasn’t the problem before?”
Schock: “Well first of all you suggested earlier that reading someone their Miranda rights has never indicated that they talk less to our intelligence forces..”
Maddow: “We’ve never heard that from the FBI.”
Schock: “The fact of the matter is we do know that after the Christmas Day bomber was read his Miranda rights that he did, in fact, stop cooperating with our intelligence.”
Maddow: “That’s not true, actually. I mean, it’s now what we know from the people who’ve been involved in it. The factual basis of these assertions is so thin.”
Anyway, I have a real question about the Miranda thing. The Department of the Army has something called Form 3881 - RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE. Here’s a link to the form (opens in a new window) - go read it and come back.
According to the Uniform Code of Military Justice, before someone is questioned, they have to sign that form, either preserving or waiving the rights indicated on the form, which are essentially the same as the Miranda rights. So not only do accused persons under military law have to be advised of these rights, they have to provide written proof that they were so advised, and written proof of whether or not they waive those rights.
So what the fuck does it matter whether a suspected terrorist is read his Miranda rights? With respect to Miranda rights, what difference does it make whether the accused is treated as a criminal or an enemy combatant?
