As someone who might be considered an expert at not only capturing and killing these butt-monkeys of radical Islamic love, but in how to administer rights warnings; I read this today in the LAT with not the amount of shock that you would think it probably deserves. I mean, it is not like we didn't know this wasn't coming.
"Miranda is an issue -- it is a potential issue in prosecution," said a senior Obama administration official, speaking on condition of anonymity because the review is ongoing. "The purpose of the review is to see how much of an issue and to see in what cases it is possible to proceed."
So, as someone who is a subject matter expert in the issuing of the Miranda warning, or for those subject to the UCMJ, the Article 31 Warning (covered on the DA Form 3881), I can tell exactly what I think of the notion that terrorists get Article 31 Warnings when we snatch their dumb ass up after occupying the objective by force...
It would be a galactically stupid idea...
As I mentioned, the fact that the Obama Administration would even consider something like this did not surprise me (as I am certain that there is a paltry few of them that even know what this form or warning is for), but for those from his administration who might peruse this site, let me drop some knowledge on you.
None of the items in my standard load plan either on my person or in my vehicle while cruising around my AO in Eastern Afghanistan included a Miranda card or any DA Form 3881s. Why you ask? Well, my concern was not that they get a fair trial at some far away detention facility or whether or not what they screamed at my interpreter while I was interrogating them would be admissible as evidence. My main concern was that any DA Form 3881's that I might carry would be taking up valuable space I could be putting to much better use; such as for more ammunition, more medical supplies or food and water. Those are items I would consider to be much higher on my priority list.
Not the least of the problems with even giving this warning would be getting my interpreter to both understand and be able to convey this particularly American Idea to the dirt bag bomb thrower, IED Merchant, Machine gun toting target that would be forming the text book sight picture in front of my M-4. I had problems getting them to convey simple military commands and directions sometimes.
But this idea of "rights" for terrorists is just the gift that keeps on giving...
I don't have the time nor inclination to give them them any kind of warning of anything I am going to do. I would rather worry about "breathing, sight picture, trigger squeeze" and how to keep my Joes alive when the bullets are headed the wrong direction.
I do believe however, should the Joes walking point in places like Bermel or Hilmand or Baghdad be forced to give this warning to these targets, I would suggest we be innovative. Couple of ideas:
--We could paint the entire DA Form 3881 text on all JDAMs, 155 and 105 shells, and all mortar shells so that they could receive the warning during the fight, so as to allow me to worry about shooting, moving, and communicating more effectively.
--We could engrave an abbreviated Miranda Warning on all bayonets and rounds of small arms ammunition so that after using any of these aforementioned items for their intended purpose, soldiers would have to merely say "Do you understand these rights as I have given them to you?"
I know that being the bigger man is important in this war, and I think Jameel Jaffer from the ACLU explains it best how to be the "Bigger" man.
Jameel Jaffer, director of the ACLU's National Security Project, called Obama's plan to close Guantanamo "a promising start" but said it leaves open the option of preventive detention.
"That should be retired," Jaffer said. "The right way to deal with people suspected of committing terrorism crimes is to prosecute them in ordinary federal courts."
Just based on that statement, I am going to guess that in Mr. Jaffer's world, the "Bigger" man is usually giving it to the "Smaller" man from behind.
And that is exactly what is going to happen to the USA if we venture down this road....