Sen. Lindsey Graham (R-SC) called for denying the living suspect in the Boston Marathon bombings his Miranda Rights via Twitter on Friday.
“If captured, I hope Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes,” Graham wrote, before before continuing, “If the #Boston suspect has ties to overseas terror organizations he could be treasure trove of information.”
He then wrote, “The last thing we may want to do is read Boston suspect Miranda Rights telling him to ‘remain silent.'”
As the Supreme Court ruled in 1966, failure by authorities to inform a criminal suspect of their right to remain silent, to consult an attorney and that their statements are admissible in a court of law are a violation of the suspect’s Fifth and Sixth Amendment rights. The Fifth Amendment protects a suspect’s rights against self-incrimination and the Sixth Amendment guarantees right to legal counsel and a speedy trial.
The living suspect, 19-year-old Dzhokhar Tsarnaev, was being pursued by authorities as of Friday night. He is a naturalized U.S. citizen as of Sept. 11, 2012.
The other suspect, 26-year-old Tamerlan Tsarnaev, was reportedly killed Thursday night in a shootout with authorities.
Graham’s last tweet as of 5:15 p.m. EST said, “The Obama Administration needs to be contemplating these issues and should not rush into a bad decision.”
Update, 9:25 p.m. EST: Graham renewed his online criticism following the capture of Dzhokhar Tsarnaev, posting, “Now that the suspect is in custody, the last thing I want is for him to remain silent” and “The Law of War allows us to hold individual in this scenario as potential enemy combatant w/o Miranda warnings or appointment of counsel,” among other statements.
[Image via CNN]