Officials: Bomb suspect silent after read rights

[David Shepherd]

So what causes this sudden change? FBI was not even notified that this was coming.

Sixteen hours after investigators began interrogating him, the surviving suspect in the Boston Marathon bombings went silent: He'd just been read his constitutional rights.

Dzhokhar Tsarnaev immediately stopped talking after a magistrate judge and a representative from the U.S. Attorney's office entered his hospital room and gave him his Miranda warning, according to a U.S. law enforcement source and four officials of both political parties briefed on the interrogation. They insisted on anonymity because the briefing was private.

Before being advised of his rights, the 19-year-old suspect told authorities that his older brother, Tamerlan Tsarnaev, 26, only recently had recruited him to be part of the attack that detonated pressure-cooker bombs at the marathon finish line, two U.S. officials said.

(an AP story)
http://www.knoxnews.com/news/2013/ap...-from-bombing/

[jdrgator]

I have little doubt that he'll resume talking after his public defender negotiates a plea that takes the death penalty off the table.

[wgbgator]

Maybe he was unaware that he had the "right to remain silent" until he was informed of it. This is a 19 year old kid we are talking about, and part of the reason Miranda exists in the first place.

[G8trGr8t]

millions will be wasted, should have let him bled out

[MichiGator2002]

Originally Posted by wgbgator

Maybe he was unaware that he had the "right to remain silent" until he was informed of it. This is a 19 year old kid we are talking about, and part of the reason Miranda exists in the first place.

A 19 year old who must have never watched a single police procedural in his entire life, which is why Miranda is such a joke of a ruling in the first place. Ignorance of the law isn't a shield from it, an age old rule that should apply to custodial interrogation as well.

[David Shepherd]

Originally Posted by wgbgator

Maybe he was unaware that he had the "right to remain silent" until he was informed of it. This is a 19 year old kid we are talking about, and part of the reason Miranda exists in the first place.

Except that last week DOJ said the FBI would have 48 hours of questioning before he was given his Miranda, which has been upheld by the courts to do in special circumstances

[dadx4]

So the question is, they had 48 hours to question this kid and a federal judge and a federal attorney show up unannounced out of the blue. I am thinking Holder is the one that sent them. The reason why I say this is that it had to come from some one more powerful than the federal judge position which Holder is in charge of all of the justice system. Also his former firm DEFENDED terrorists. HMMMMMMMM coincidence? I THINK NOT.

[jimgata]

Someone had to send them. Just more shenigans to try and keep the lone wolf theory in play.

[GatorBen]

Originally Posted by dadx4

So the question is, they had 48 hours to question this kid and a federal judge and a federal attorney show up unannounced out of the blue. I am thinking Holder is the one that sent them. The reason why I say this is that it had to come from some one more powerful than the federal judge position which Holder is in charge of all of the justice system. Also his former firm DEFENDED terrorists. HMMMMMMMM coincidence? I THINK NOT.

Clearly it's a DOJ decision, the person who went to Mirandize was an assistant US Attorney which is a DOJ office.

But Holder definitely isn't "in charge of all of the justice system." If you think DOJ administers the US Courts, perhaps a quick glance through Article III would do you well. He has no authority to instruct federal judges, they aren't even the same branch of government as him.

[jdrgator]

Originally Posted by David Shepherd

Except that last week DOJ said the FBI would have 48 hours of questioning before he was given his Miranda, which has been upheld by the courts to do in special circumstances

I'm not sure it's that big of a deal. The court upheld the the public safety exception, but it didn't (and won't) determine whether the DOJ can or cannot shut down questioning by the FBI. The FBI is part of the DOJ, not separate from it, so for whatever reason, the DOJ decided to having him Mirandized is presumably part of a strategy.

[David Shepherd]

Even the President stated that he would be questioned before Miranda if I am not mistaken-might be folk lore...

I am not a CT guy, but wonder if all of a sudden DOJ got nervous about what he was going to say..reports this morning that the mom knew that older son was radicalized in 2011 and sent text messages out-not that FBI would have seen those, but I suppose while one can fool the FBI no one can fool mama

[Swampmaster]

he's a hero to muslims everywhere

[jdrgator]

Originally Posted by David Shepherd

Even the President stated that he would be questioned before Miranda if I am not mistaken-might be folk lore...

I am not a CT guy, but wonder if all of a sudden DOJ got nervous about what he was going to say..reports this morning that the mom knew that older son was radicalized in 2011 and sent text messages out-not that FBI would have seen those, but I suppose while one can fool the FBI no one can fool mama

That's a bit too speculative for me, but it might be possible. Like I said, I have little doubt he'll sing about everything he knows eventually, which will be part of a plea deal.

I don't see how this ever actually gets to a trial b/c the DP would be available and he'd no doubt get it after no doubt being convicted.

[rounds]

0bama was the decider.

[Lawdog88]

Originally Posted by G8trGr8t

millions will be wasted, should have let him bled out

The local constabulary were doing their best to achieve that result, at the boat.

[jimgata]

The report is that he was talking and went silent immediately upon hearing his miranda rights. Motive enough?

[wgbgator]

Slate's legal analyst:

http://www.slate.com/articles/news_a...ave_taken.html

According to the AP, Dzhokhar Tsarnaev answered questions for 16 hours before he was read the Miranda warning that he could remain silent and could ask for a lawyer. Once Tsarnaev was told that, he stopped talking. (So much for the idea that everyone has heard Miranda warnings so many times on TV that they have become an empty ritual.) The AP also reports that the investigators questioning him were “surprised when a magistrate judge and a representative from the U.S. Attorney’s office entered the hospital room.” The investigators “had planned to keep questioning him.”

Wow. That’s bad no matter your point of view. If you think Tsarnaev doesn’t deserve the normal protections American law affords criminal suspects, then you’d want the FBI to keep at him as long as they chose. Or if, like me, you’re worried about how far the Obama administration’s Justice Department has stretched the limited “public safety” exception the Supreme Court has allowed for questioning suspects about ongoing danger without Miranda warnings, 16 hours sounds expansive.

[G8trGr8t]

Originally Posted by Lawdog88

The local constabulary were doing their best to achieve that result, at the boat.

all they had to do was wait. i know, a trigger happy swat team doesn't understand that concept, but if they just waited, kid would have bled out. bury him. next. no mor eheadlines and trials and news reports.....put his but on the next stretcher to Guantanomo and shut it down. Try him as an enemy combatant and send a message to others that is how you will be dealt with. no media frenzy for your sorry arse

[GatorBen]

Originally Posted by wgbgator

Slate's legal analyst:

http://www.slate.com/articles/news_a...ave_taken.html

What I think is most interesting, if that is true, is how it could be that the FBI didn't know what the USAO was doing. They're in the same agency fo godsake.

That said, no problem whatsoever with him having been Mirandized, even if it made him shut up.

[wgbgator]

Originally Posted by GatorBen

What I think is most interesting, if that is true, is how it could be that the FBI didn't know what the USAO was doing. They're in the same agency fo godsake.

That said, no problem whatsoever with him having been Mirandized, even if it made him shut up.

The USAO probably got spooked that he had been talking for 16 hours without being Mirandized. Maybe they didnt want the FBI trying to talk them out of it or delaying it further.