First you change the narrative, and the GOP does it beautifully. Why am I reading on Daily Kos discussions about giving terrorist suspects their Miranda Rights? The reading of Miranda Rights to a suspect at the time of arrest does not magically bestow those rights, by the simple act of speaking them out loud. On the contrary, those rights are innate, guaranteed to every American citizen by the Constitution itself. The 5th Amendment protects all of us against self-incrimination. We all have a God given right to remain silent and be secure in our persons at the same time.
To use the GOP's Orwellian language, that Miranda Rights are given, well that which is given can be taken away.
That is what they want you to think. That is what you're letting them get away with. They changed the narrative. The discussion now is whether to strip our innate Constitutional Rights from any American citizen accused of a terrorist act. But that's not what they're saying. Not at all. They just want to delay. Delay by a few precious hours the reading of the Miranda Rights when the safety of the public is in question.
Now consider what that really means. A terrorist attack occurs, the cops nab the wrong guy, an American citizen. They don't read him his Miranda Rights and begin interrogating him. I say, and the Constitution says, that this falsely accused suspect has the God Given Right to refuse to be forced into a court admissible false confession, whether he has been informed of this right or not. Our suspect knows his Rights, and remains silent. But public safety is at risk, they say. The powers that be demand answers, he has none to give. Now what?
Miranda Rights have not yet been given they say. And you've already agreed. He has no right to remain silent, and you've already agreed. So in the name of public safety the authorities extract a signed confession out of innocent man. And you've already agreed.
Make no mistake, that is what we are talking about here. If this narrative succeeds, and we as a nation believe and accept it, then the 5th Amendment has been overthrown with barely a whisper. Any one of us can be declared guilty until proven innocent. If we have no right to remain silent, we can and will be forced to speak.
How else do we explain the outrage from the Right? The political pressure that has been brought to bear on our President, because an American citizen was informed that yes, he does in fact have those pesky things called Constitutional Rights. Krauthammer said this week:
When you tell someone he has the right to remain silent, there is a distinct possibility that he will remain silent, is there not? And then what?
Yes, then what? Taking Krauthammer at his word, his solution is only good for those suspects ignorant of their rights. How does he propose to deal with an American citizen literate of his rights, who dares refuse to sign a false confession? The only recourse is torture, or the quite real promise of it. Their goal is to legalize the torture of an American Citizen, by convincing you that the only thing keeping it illegal, is that they haven't yet told you it isn't.
Miranda Rights are not given. They cannot be waived or surrendered, you always have them. What they propose is unconstitional. Take control of the narrative.