Recently, Eric Holder said that the Obama administration would ask Congress to change exceptions to the Miranda rule, which would likely violate current Supreme Court doctrine. The New York Times reports that changes to Miranda and to the initial hearing process could come in the same legislative proposal:
President Obama’s legal advisers are considering asking Congress to allow the government to detain terrorism suspects longer after their arrests before presenting them to a judge for an initial hearing, according to administration officials familiar with the discussions.The devil is always in the details, but on the surface, this sounds does not sound good.
If approved, the idea to delay hearings would be attached to broader legislation to allow interrogators to withhold Miranda warnings from terrorism suspects for lengthy periods, as Attorney General Eric H. Holder Jr. proposed last week.
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