April 20, 2013
Why is it that those who spend an inordinate amount of time professing their dedication and fealty to the United States Constitution seem to always be among the first to toss our founding document out the window the moment it becomes inconvenient to their desires?
In a series of tweets posted by South Carolina Senator Lindsey Graham on Friday, the conservative, ‘strict constructionist’ argued that nineteen-year-old Dzhokhar Tsarnaev—suspected of being one of the Boston Marathon terrorists and taken into custody on Friday evening—should be treated as an enemy combatant and denied his due process rights under the Constitution.
Were the Administration to follow Graham’s advice, Tsarnaev would forever be denied his Fifth Amendment right to remain silent and to have the counsel of an attorney. Without these rights granted to all defendants pursuant to Miranda, anything this suspect might say to interrogators before being advised of these rights would still be admissible in a court of law.
I say ‘forever denied’ because Mr. Tsarnov will not be getting his Miranda warnings for a period of time even without declaring him an enemy combatant.