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View Diary: Boston Marathon bombing: Now come the questions, and the politics (159 comments)

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  •  Random thoughts (6+ / 0-)

    Which reflect my mixed feelings about the Miranda denial

    1 - The kid is likely smart enough to know he doesn't need to talk
     2 - how are they going to force him to talk? he's not in Gitmo
     3 - he will be talking to a lawyer, so if they brutalize him, he can reveal this
     4 - might they bring in his uncle or some of the victims or the father of the child killed to shame him into talking?
     5 - none of this jeopardizes a conviction - they have plenty on him without his admitting guilt
     6 - but if his defence is in part he didn't know what he was doing - not part of the bomb building, then was in a panic after, afraid for his life when his picture shown - this could be ended by his talking (this is where having a lawyer could help him, at least in avoiding the death penalty)
     7 - couldn't the US att'y pressure him to tell what he knows in exchange for no death penalty? (risky in terms of public opinion - but remember, Terry Nichols got a life term and the public accepted it for a much worse toll)

    On the whole, unless they have strong evidence of no one else involved (who now could flee the country) or that no other bombs have been planted, I get the imminent threat part. But the whole thing is borderline, and I agree that if Obama weren't president, a lot of us might look at this differently.

    That said, doing this likely immunizes  Justice Dept in part for going ahead with a civil trial and is the political course of least resistance.

    •  Nothing (20+ / 0-)

      the Justice Department can do will immunize it from critics on the right who will demand he be sent to Gitmo.

      "There’s class warfare, all right, but it’s my class, the rich class, that’s making war, and we’re winning." —Warren Buffett

      by Joan McCarter on Sat Apr 20, 2013 at 11:45:25 AM PDT

      [ Parent ]

      •  sequester gitmo (12+ / 0-)

        ...what better time than now?

        "Show up. Pay attention. Tell the truth. And don't be attached to the results." -- Angeles Arrien

        by Sybil Liberty on Sat Apr 20, 2013 at 11:48:35 AM PDT

        [ Parent ]

      •  And I would love to hear their justification, (12+ / 0-)

        If this guys last name was Allen and he was part of an extremist group named Patriots for Guns, would the right still want him declared an enemy combatant and taken to Guantameno?

        Actually, if those were the facts they would almost surely believe that liberals did it as a set up to take their guns, just as they think happened with Sandy Hook.

        He is an American citizen, arrested on American soil, by a civil agency, case closed. . . . .or we may as well say that the constitution is now negotiable. The system is working as President Obama said.

        Blessed are the peacemakers, the poor, the meek and the sick. Message to Repug Fundies: "DO you really wonder "what would Jesus do?" I didn't think so.

        by 4CasandChlo on Sat Apr 20, 2013 at 11:58:24 AM PDT

        [ Parent ]

      •  there is one thing (0+ / 0-)

        It seems to me that the Justice Department will be considering whether it can, or should, try him in federal court.

        The section that I noted (and I might have missed many others) is s. 2332a, the one about weapons of mass destruction. That term is defined to include bombs.

        Something federal-level has to be involved, of course, for them to have federal jurisdiction. One clause refers to harming interstate commerce. Another refers to interstate or foreign travel. Tsarnaev's brother did the foreign travel, but it is a criminal conspiracy, so it attaches to Tsarnaev, too.

        The maximum penalty: death penalty, if death resulted from the use of the weapon of mass destruction.

        I can see how the Justice Department might fit the Boston Marathon into interstate commerce, with its tens of thousands of runners--many from outside the state--and more tens of thousands of out-of-state visitors. The state government will have all the stats on how much money the visitors spend.

        Would the right wing be happy if he is tried, convicted, and sentenced to death?

        I'm thinking...probably yes, even if he isn't tortured first. (Though they'll be sad if he isn't tortured.)

    •  It's an interesting question, because (0+ / 0-)

      there is a huge difference between a public safety exception that seeks at once to locate dangerous this and that, and what a judge will or will not allow to be used at a subsequent trial, when whatever  public safety risk forms a part of the case against this adolescent or thoughts of public safety in the moment have abated.
       As those of us who have sort of followed the truly appalling Jodie Arias are only too aware thanks to HLN, a trial judge has huge amounts of control in keeping evidence from going before a jury, and most are only too prepared to work through whether the police used the public safety exception for limited public safety purposes, or went wider and are trying to use otherwise inadmissible stuff, assuming the defense raises the issue.

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