peacepipe
01-11-2010, 07:49 PM
http://www.huffingtonpost.com/2010/01/11/gop-criticism-of-obama-on_n_419203.html
James Cullen, a retired brigadier general who served as a JAG officer, tells the Huffington Post that there are narrow differences between the legal and interrogation proceedings Abdulmutallab was subjected to and those which would have happened in a military commission.
Contrary to conventional wisdom, the suspect would have been granted access to a lawyer if he had been put in a military system. In fact, he may have had easier access to an attorney.
"The military is not some type of Soviet show-trial kangaroo court," said Cullen. "Absolutely he would have gotten a lawyer."
But, the next question goes: isn't there a difference -- with regard to the civilian and military systems -- in the time that can elapse between when a suspect is captured and when he or she has to be granted legal representation? Not all that much, says Cullen. Abdulmutallab, for starters, was questioned for 30 hours before requesting a lawyer. Military personnel might have had more time. But not all that much.
More broadly, even in a civil system, authorities can question a suspect without reading them their Miranda rights for a limited amount of time as long as there is "no intention to try the person" and it is "purely for intelligence purposes." This is little different then in a military setting, where -- if the detaining authority wants to prosecute the detainee -- the impetus is on bringing legal counsel into the equation early on. "If you want to prosecute you can't foul up the process," explained Cullen
"The military is not some type of Soviet show-trial kangaroo court," said Cullen. "Absolutely he would have gotten a lawyer."
all that needed to be said.
James Cullen, a retired brigadier general who served as a JAG officer, tells the Huffington Post that there are narrow differences between the legal and interrogation proceedings Abdulmutallab was subjected to and those which would have happened in a military commission.
Contrary to conventional wisdom, the suspect would have been granted access to a lawyer if he had been put in a military system. In fact, he may have had easier access to an attorney.
"The military is not some type of Soviet show-trial kangaroo court," said Cullen. "Absolutely he would have gotten a lawyer."
But, the next question goes: isn't there a difference -- with regard to the civilian and military systems -- in the time that can elapse between when a suspect is captured and when he or she has to be granted legal representation? Not all that much, says Cullen. Abdulmutallab, for starters, was questioned for 30 hours before requesting a lawyer. Military personnel might have had more time. But not all that much.
More broadly, even in a civil system, authorities can question a suspect without reading them their Miranda rights for a limited amount of time as long as there is "no intention to try the person" and it is "purely for intelligence purposes." This is little different then in a military setting, where -- if the detaining authority wants to prosecute the detainee -- the impetus is on bringing legal counsel into the equation early on. "If you want to prosecute you can't foul up the process," explained Cullen
"The military is not some type of Soviet show-trial kangaroo court," said Cullen. "Absolutely he would have gotten a lawyer."
all that needed to be said.