This week Attorney General (using the term loosely) Eric Holder jumped on board Charles Krauthammer’s Miranda Public Safety Exception train just as it was chugging out of the station.
From time to time I pay homage to Krauthammer here for his stunningly timely fix on current events and his equally level-headed prescriptions for repairing broken government, but this time the good Doctor is wrong.
Miranda should not be amended; it should be trashed, thrown in the incinerator and burned, not only for terrorists, but for anyone stupid enough to put on a ski mask and stick up a convenience store. OH! Excuse me! I don’t have to admit I stuck up the convenience store?
We have a constitution; let them read it.
Which brings me to the Supreme Court and the four – soon-to-be five – learned duffers and hags that make up the New York Times wing of that august body.
What would we ever do without them?
The better question would be how did we do without them for 150 years before they suddenly became indispensible in rendering ridiculous leftwing opinions.
Was SCOTUS on vacation in 1865 when the government tried five of John Wilkes Booth’s co-conspirators by military tribunal and then executed them for the assassination of Abraham Lincoln? Where were they when FDR tried, fried and imprisoned eight Nazi saboteurs (including two Americans) for attempting to bomb a munitions plants during World War II?
Here’s an idea: Let’s provide Taliban Miranda warning cards in Farsi to Marines in Kandahar Province so terrorists will know they can call Alan Dershowitz anytime they wish to stop talking.
Doctor Krauthammer rightly points out that Miranda is outdated in a 21st century America fighting ideological zealots who believe blowing themselves to bits along with a couple hundred U.S. citizens gets them a pass to lustful bliss. But he fails to see the wacky mindset that created the law in the first place.
Ernesto Arturo Miranda was a repeat kidnapper and rapist who had been in prison on multiple occasions and knew his constitutional right to remain silent better than the cops, when they arrested him in 1963, for (you guessed it) kidnapping and rape.
Now think about that for a minute. Way back in Misdemeanor school, long before one learns to kidnap and rape young women, a future felon learns that admitting a crime is probably the wrong way to stay out of jail. Yet Earl Warren and Thurgood Marshall and three other justices saw the need to reassert that right to the worst in our society.
When two fellow upstanding citizens murdered Ernesto Miranda in 1976, the Arizona police read one of them his Miranda warning. The other guy – already wishing to remain silent – fled to Mexico.
Flying airplanes into buildings and planting bombs in Times Square by guys who think burqas make a sexy fashion statement are acts of war. When we catch them in the act of attempting to do these things, we should put them in a military stockade, interrogate them until water is dripping from every pore in their body, convene a snap tribunal, and hustle them off to a firing squad.
Then advise them of their right to remain silent.