The Fifth Amendment to the U.S. Constitution reads, in part: “No person ... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” That would seem to be crystal clear, yet Sen. John McCain (R-Ariz.), Rep. Peter King (R-N.Y.), and Sen. Joseph Lieberman (I-Conn.) seem unable to understand it.

Each of them expressed outrage that Faisal Shahzad, the suspect in the attempted Times Square car bombing and an American citizen, was informed of his Miranda rights (i.e., the rights to remain silent and not to incriminate oneself); and Lieberman has introduced legislation to prevent the “Mirandizing” of suspected terrorists in the future.

McCain, appearing on Imus in the Morning, said that reading Shahzad his Miranda rights “would be a serious mistake.” “Don’t give this guy his Miranda rights until we find out what it’s all about,” he added. That is, give him an opportunity to incriminate himself before telling him that he doesn’t have to do so.

King, the top Republican on the House Homeland Security Committee, asked, “Did they Mirandize him? I know he’s an American citizen, but still.” Nor does King want Shahzad tried in a civilian court unless “the intelligence community” has agreed upon it —notwithstanding the fact that Shahzad’s alleged attempted attack was a criminal act, not an act of war, and that other suspected terrorists have been successfully tried in civilian courts.

Lieberman, for his part, has introduced a bill that would deprive any American citizen of his citizenship rights if he “is found to be involved in a foreign terrorist organization, as defined by the Department of State.” Lieberman’s bill would amend a law that already strips Americans of their citizenship if they enlist with another country’s military. (Curiously, Americans who choose to serve in the Israeli Defense Forces are exempt from this law.)

King, McCain, and Lieberman apparently want a distinct justice system outside the traditional civilian justice system for terrorism suspects, with the executive branch given full discretion as to which suspects will be tried in the “enemy combatant”/military tribunal justice system.

The potential for the abuse of such unchecked power is enormous. Presidents have used the IRS and FBI to harass political opponents for decades. Imagine the temptation not just to inconvenience an opponent but to “disappear” him for good in the alternate justice system. Just a few such disappearances would surely have a chilling effect on all dissent.

Michael Tennant is a software developer and freelance writer in Pittsburgh, Pennsylvania.

Photo of Joe Lieberman (left) and John McCain: AP Images
 

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rprew said:

And the scary news is that... in the eyes of some politicos, TEA Party participants are terrorists, people who criticize or question government policy are terrorists, military men and women returning from the fields of battle may be terrorists, and anyone who embraces the philosophies of the JBS or NRA or such are undoubtedly terrorists. So pray tell, Juan McStain, just who is covered by the fifth amendment?

May 06, 2010

jerry silovich said:

Mr 1 he should put on trial for treason.2nd if fond guilty thre should be taken to paris island and shot by the marines!

May 06, 2010

Mikey-Pinkie Rings said:

Who, McCain? or Shahzad? When you mentioned treason, did you mean McCain or Shahzad? Both are agitating for treasonous purposes, but one is called "honorable" in this country and one is called "honorable" in a different country. Inalienable rights are just that. No government can take those rights away. However, ours seems to be flirting with ignoring those rights.

May 06, 2010

rprew said:

SPLC list of dangerous terrorists The Southern Poverty Law Center has published a list of 40 "dangerous" patriots. http://www.newswithviews.com/b...win583.htm

May 06, 2010

Thomas Paine said:

JBS need to add to action alert to stop the bill Hopefully this will be on JBS Website for th action alert so they will have ready made letters we can forward to reps. This is evil and must be stopped.

May 07, 2010

Lee Gonzales said:

jerry silovich hates the Bill of Rights The accused is an American citizen, like it or not. Don't you think that if Congressman Peter King (Republican when convenient) and McCain (RHINO) and Lieberman (DINO) are propagandizing to do away with the Right to a civilian trail that you, jerry silovich, no longer have any rights as guaranteed by the Constitution. Your tough talk doesn't make you a patriot. Your obvious ignorance of the 5th,6th and 7th amendments puts you in the same club with Rahm Emanuel who also dosen't care for the Bill of Rights or for that matter any other part of the Constitution.

May 07, 2010 | url