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The Kentucky-Iraq Defendants Waived Miranda and Presentment, and the Government "Conducted Extensive Interrogation" Thereafter

Robert Chesney
Wednesday, June 22, 2011, 4:46 PM
In response to my post earlier today on Senator McConnell's call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the  spokesman for DOJ's National Security Division (Dean Boyd) shares the following information:
“Law enforcement officials conducted extensive interrogation of these suspects for several days after their arrests to quickly gather intelligence and other information after both defendants waived their Miranda rights and right to speedy presentment before a cou

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In response to my post earlier today on Senator McConnell's call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the  spokesman for DOJ's National Security Division (Dean Boyd) shares the following information:
“Law enforcement officials conducted extensive interrogation of these suspects for several days after their arrests to quickly gather intelligence and other information after both defendants waived their Miranda rights and right to speedy presentment before a court.  These individuals were arrested on Wednesday, May 25, 2011. They made their first appearance in court on Tuesday, May 31, 2011. Furthermore, the Justice Department coordinated extensively with the Intelligence Community and the Department of Defense in this investigation, and all the participating Departments and Agencies concurred in this result.”
This is a nice illustration of one point I was trying to make before: even if we assume that slotting for civilian criminal prosecution requires reliance on conventional law enforcement personnel and interrogation approaches (it does not, but stick with the premise that it does), it does not follow that in each instance the defense will "lawyer-up" and shut down.  Criminal defendants can and sometimes do cooperate, as seems to be occurring here.   And my other point remains: nothing stops the government from bringing other personnel and other (lawful) methods to bear if that seems the wiser course in the circumstances, regardless of who is holding the detainee, where he is held, or what sort of trial awaits down the road.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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