GOP Senators Say Constitution Doesn't Apply to Bombing Suspect

Photo Credit: Vjeran Pavic

By Jeremy Herb and Mike Lillis. Two powerful GOP senators are calling on the Obama administration to treat the captured suspect in the Boston Marathon bombings as an “enemy combatant” and deny him counsel even though he is reportedly an American citizen.

Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) said Dzhokhar Tsarnaev, captured Friday night outside Boston after a tense daylong manhunt, should be questioned for intelligence purposes and not read his Miranda rights.

“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” McCain and Graham said late Friday in a joint statement. “The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorist trying to injure, maim, and kill innocent Americans.”

With Tsarnaev in custody, the lawmakers said, “the last thing we should want is for him to remain silent.”


“We need to know about any possible future attacks which could take additional American lives,” they said. “The least of our worries is a criminal trial which will likely be held years from now.” Read more from this story HERE.

ACLU calls for Miranda rights for Boston bombing suspect

By Mike Lillis. The American Civil Liberties Union (ACLU) is calling for the Obama administration to read the suspect in the Boston Marathon bombings his legal rights.

The Department of Justice indicated Friday that the administration would not read 19-year-old Dzhokhar Tsarnaev his Miranda rights, citing a public safety exception.

But Anthony Romero, the ACLU’s executive director, said Saturday that the immediate threat is over and that Tsarnaev, an ethnic Chechen who became a naturalized U.S. citizen last year, should now be treated like any other suspected criminal.

“Every criminal defendant is entitled to be read Miranda rights,” Romero said in a statement. “The public safety exception should be read narrowly. It applies only when there is a continued threat to public safety and is not an open-ended exception to the Miranda rule.”

Tsarnaev was captured Friday night in the Boston suburb of Watertown after leading law enforcers on a tense, day-long manhunt that captured the attention of the nation and locked down much of Greater Boston. Read more from this story HERE.

  • McCain and Graham got this one right, for a change.

    • They wouldn’t like being treated that way themselves. Perhaps soon they will be. McCain is somewhat of an accomplice in the Obama usurpation.

    • Norm D. Plume

      Seems to me McCain spent some time in a prison in Hanoi, under a system just about like that. Ironic, eh?

      By the way, McCain and Graham are WRONG.

    • They are wrong.

  • 1_Eddie_1

    It is very unfortunate that we bestowed citizenship on this young man. However, he is a citizen and is entitled to be informed of the miranda warnings. Failure to do so, is a slippery slope. They have in essence taken away his citizenship without due process. Don’t get me wrong, I have no use for this heartless terrorist felon, but if they can do it to him, they can do it to you. I think that life without parole is a harder sentence than the death penalty. The death penalty, it is a get out of jail free card.

    • MartySK

      “but if they can do it to him, they can do it to you”~~~~a citizen committing a terrorist act against this country is treason. He gives up the rights of citizenship including Miranda rights.

      • 1_Eddie_1

        Then when they label you a terrorist, don’t complain when they fly a drone over your house and bomb you. Christians and returning soldiers have been recently labeled terrorist’s in this country. You do not give up your rights to citizenship if you commit a crime. Remember, in America, you are innocent until proven guilty in a court of law. Our mistake was to grant him citizenship in the first place. I am in no way sticking up for miscreants, I am sticking up for the law. We are a nation of laws and not of men. Calling this miscreant an enemy combatant and denying him his rights is unconscionable, it makes us a nation of men, and not laws.

        • 1_Eddie_1

          I am willing to bet that in the Massachusetts State Penal Law that there are laws against making explosive devices and detonating explosive devices that cause serious bodily harm or death. That would make the miscreant a criminal.

          • Only,if convicted.
            It is the person who is accused of crime that needs his/her rights to defend against the accusation lest anyone accused could face grave abuses such as conviction without trial,being forced to testify against oneself,cruel and unusual punishment, false witness against a defendant without being able to confront the witness and all manner of abuses.

          • 1_Eddie_1

            Yes, absolutely correct. My intent was to show criminal action in the state of Massachusetts. One that would cause his arrest for his alleged criminal action. In America one is presumed innocent until proven guilty in a court of law.

          • Norm D. Plume

            And for that, he should stand trial in a court of law. And he should be read his rights.

      • No. He doesn’t.
        There are NO so called Miranda “Rights”. The Miranda statement is merely a court ordered reminder of the rights enshrined in the Bill of Rights. An enlargement of our rights. Reading the Miranda statement does not act to confer any rights to an accused that he/she didn’t have BEFORE it was read to him/her..
        It is in the accusation of the most heinous crimes that an American MUST be MOST protected from government abuse. We are ALL “innocent until proven guilty”.

      • wandamurline

        Yes, but they have to prosecute him for treason and take his citizenship…then he can be treated as a terrorist. Don’t get me wrong, this guy should pay for his crimes, but we have laws that govern ALL of us as to the right to counsel, against unwarranted searches and seizures, and the right to be mirandized….something that TSA tromps on everyday at the airports.

    • gunz2fun

      Solitary life without parole

    • Fine. We give him an ACLU lawyer and he clams up about who trained his brother in Moscow. The flaw in the application of Miranda to all no matter what they do is it is absolute rather than a reasonable balancing test. We should balance the fact that a major American city for 24 hours was locked down when two punks with pressure cookers terrorized it against the absolute rights of this puck at least to the extent that we get all the intel out of him as to who else might be involved, methods, and means before we read him his right to have an attorney present. The security of a city trumps the temporary delay of having an attorney.

      • 1_Eddie_1

        Tsarnaev is a miscreant. He is also an American citizen. I was taught in school that the right of the individual outweighs the right of the group. We have a constitutional republic and not a democracy. If we were a democracy, you would be correct. I do not want this heartless stonecold murdering getting away with anything. There is overwhelming evidence against Tsarnaev as to the indication of his guilt. However, in America, you are presumed innocent until proven guilty in a court of law. How come we have to give maranda warnings to enemy combatants that are not American citizens that are in foreign lands, while an American citizen is arrested without his rights being told to him? Our President has murdered American citizens (Anwar Al awlaki and his teenage son) while denying them of their right to due process. What about the NDAA? Indefinate incarceration while being denied the right to due process? Recently our government has declared soldiers returning home from foreign wars, and Christians as terrorist’s. Our military leaders that won’t fire upon American citizens are being purged from our military. Illegal aliens are pouring over our boders and are not being arrested and deported for violating our laws (some of these illegals are violent persistant felons). ICE is being told not to arrest them. Are we not a nation of laws, and not a nation of men? This is one of the reasons that we fought a war with England. I believe that there is a psychology being used to set the stage for Americans to cry out “take my liberty, keep me safe.” To deny Tsarnaev the miscreant his rights is un-American.

        • “Those who would exchange their rights for temporary security will lose them both”-Benjamin Franklin

      • The Rights we have are INALIENABLE.
        One CANNOT under any circumstances be forced to answer to a crime without presentment or the indictment of a grand jury.The Right to refrain from self-incrimination is “Written in stone”. BTW,nothing learned from any statement made by the accused can be used against him in a court of Law.

  • What is most interesting here is the fact that once again there was an opportunity to stop an attack on the American People and somehow we dropped the ball, once again our intelligence failed, why is that?

    The reason why is that we have people actively engaged in Mock simulations where fake activities are used as a means to snare a suspect then they tout it to the world as if they actually did something to stop these men from doing bad things.

    They call it a sting operation, but in reality what have they actually stopped?

    Nothing, they spend millions on these operations and end up with nothing.

    This is a result of incompetence, in the DHS, this is what happens when you have someone in charge of DHS that is unqualified, incompetent and arrogant. Were this a Republican administration, the DSH would be asked to resign so that the good of the American people could be preserved.

    This is why it is so important that you vote in 2014 and in 2016 Vote because it is time that we have people in office that will protect the American people instead of lying to Congress and the People.

    • An extremely high priority fact, a matter of GRAVE national threat IS that Barack Obama is a usurper,fraud,traitor and spy under US Law.

      • gracentruth

        Amen. Peace,

  • mikeym1a

    As anyone who has listened to the blather emitting from John McCain’s mouth can tell, he really needs to retire. And, more and more I question Lindsey Graham’s capacity to fulfill his oath of office. What ever he did, that young man is a United States Citizen. Unless and Until a court revokes his citizenship, he should have the full protections under the law, and under the constitution. After all, if THEY can do that to him, what is to stop Them from doing the same to one of us? I have never supported the so-called ‘Patriot Act’.

    • This so called “National Threat Exemption” being invoked is found in the NDAA and is unconstitutional on it’s face. An American’s rights are INALIENABLE.

      • wandamurline

        And so is the Patriot Act….Unconstitutional that is…along with the TSA and Homeland Security.

    • Chuck Edinger

      mikeym1a: Sorry Mike, but when an American makes the unfortunate choice to murder American citizens in a terrorist attack, he or she loses his or her rights as a citizen. Our nation has been engaged in an ongoing global war with militant Islam. The Boston Bombers were active agents of a murky network of global Muslim terror. As agents of our enemies, the brothers lost their American citizenship and the rights that it provides.

      • Norm D. Plume

        No, he doesn’t. Further, non-citizens are also protected by these rights. He was apprehended in the United States and, further, is an American citizen. He is due his full slate of rights. Let the government make its case in public, in a court of law and, if a jury finds him guilty, then he faces his punishment. Short-circuiting the system in this way, means YOU could be next. Don’t ever think it can’t happen here, because it IS happening HERE.

      • Obama is an “agent of a murky network of global Muslim terror”. Obama has usurped the Presidency,is a Muslim Supremacist and a Traitor,spy and fraud under US Law.
        Google: Obama and Odinga.,”There is NO ‘President’ Obama” and 18USC,Part 1,Chapter 115,Sec.2381. Also see the UCMJ at 902.102

    • CSN

      Where is your proof he is an American Citizen? The Social Media? I bet he isn’t!

      • Norm D. Plume

        I bet he is. But that doesn’t matter. He is entitled to constitutional rights and constitutional due process. This is what sets us apart from the Muslim countries. We have an impartial system, and it works. Or it was reputed to, at one time. Dot the I’s and cross the T’s on this one. Let the government build an airtight case, in public.

        • cherokee_warrior

          Are you sure that a non-citizen of the United States has rights under our Constitution? Now, since they have not pulled his citizenship, he does, but should it get putlled, then what?

        • CSN

          Bets on….how much you wanna bet? I’m asking people who know more than the Media which makes up stories at random. Let’s wait and then we’ll see.

      • Mr. Tsarnaev is naturalized.

    • nexgenesis

      BULL CRP! He is an enemy of our nation and any confusion about him being a American citizen came to an end when he and his brother set off those 2 bombs at the Boston Marathon, killing and maiming innocent men, women and children. At the very best they should recieve back what they so willing did to others. The travesty here is those who think they deserve anything but swift justice, which will end costing the tax payers millions in unnecessary legal fees.

      • Norm D. Plume

        And when Obama says that you’re no longer worthy to claim the rights of a citizen because you’re a Christian, then what? Do not be so quick to point fingers at others, because three point back at you. Let the system work. If he is guilty of a crime (and I believe he probably is), then he will face his punishment. But, as a concerned citizen, I want this to be a public trial, with all this man’s rights considered. I want the conviction to be airtight. We cannot afford, as Americans, to let our liberties slip away like this — even when carried by a dirtbag like this.

        • As a matter of fact, in 18th Century England,persons who were not Christians were not considered British Subjects. Obama,as a Muslim,if he were to do what you opined,it would be tantamount to what King George,et al, did. That is why the Establishment of one religion as the dominant religion is unconstitutional on it’s face. It is ironic that Obama was born with dual citizenship. Obama was born a Brit. I wonder sometimes. Our fiirst usurper Chester Arthur was a Brit. Our Second usurper Barack Obama is also a Brit. Is this some sort of action by England to recoup the States for annexation to the UK? They have mucho Muslims overflowing their shores. Do they want more room for them here?

      • Their motivation and intent for bombing the Marathon,if they actually did so,has not been determined in a court of Law. Due process demands the presentation of any evidence to a Judge and Jury. Perhaps,they killed for other reasons. All of us are “innocent until proven guilty”. To make it so easy to deny someone his/her rights just by labeling that suspect as a “Terrorist”,without due process,is an unacceptable end run around the Constitution.

    • And you’re full of S**T ! He / they should get what they dished out to the innocent people in Boston.

    • The Patriot Act is unconstitutional infringement of the Bill of Rights.

  • disqus_oYthpmCKV0

    the ACLU should be outlawed for this very reason they don’t care about the USA if you or i were in a muslim country you would be dead by now

    • In the instant case the ACLU is standing up for the Bill of Rights. That IS caring about the USA.

      • CSN

        I believe his American Citizenship could be bogus. Someone needs to open this up to private investigation, such as Sheriff Joe Arpaio or someone who is trustworthy. Obama would lie about any Muslim Brother to get him off the hook. Take for instance the Muslim who was deported, and not made to face any charges, who they deemed a person of interest. This is deeper than just reading someone their Miranda Rights. It’s very possible he has no Miranda Rights because he is definitely NOT an American Citizen.

        • Norm D. Plume

          It wouldn’t matter if his citizenship was bogus. He is entitled to due process, having been apprehended for committing a crime in the United States, and having been apprehended on American soil. He is a human being, and we are supposed to be civilized.

          • CSN

            Duh! Civilized? Blowing people apart is civilized, so we should be civilized also? Give me a break!

        • The act of reading of one’s constitutional rights (Miranda statement) does NOT act to confer any rights. The Rights that one has exist whether or not a reading of them takes place.The Court in Miranda v Arizona ordered that this statement be made at the time of one’s arrest “You have the right to remain silent…” It is a reminder of the rights that already exist in the constitution.

          • CSN

            In his case, he hasn’t a right to remain silent, as we’re trying to track terrorists who are bent on doing this again and again.

          • He is an American. He has the same rights as any other American does. Making end runs around the Bill of Rights is not allowed.

  • Kent2012

    Come on now, you do not really expect kenyan boy and his left-hand man eric von holder, minister of justice and gun sales to listen to a mere senator?? Why that rag head loving communist has dragged some of those stinking terrorists to mayor boomblergs town to stand trial as though they had been charged with simple jaywalking…..

  • elizabethksmith

    The Miranda rights serve no purpose for him – he will be convicted as there is concrete evidence of his crime. As far as citizenship goes – anyone who engages in this kind of act against their country should have citizenship revoked. Citizens who love this country do not harm others, we are a compassionate country and we go to the aid of those in need, as evidenced in Boston!!! United we stand, and the terrorists can’t take this away from us!!!!!!!!!

    • There are no Miranda “Rights”. There is a Miranda statement that merely reminds us of our Constitutional Rights. Evidence of a crime can be fabricated. That is why we have DUE process. One IS “innocent until proven guilty”. In some countries one is guilty until proven innocent, That is not us. If convicted,the full force of the Law should be applied but until that time,Tsar is entitled to the FULL application of the Bill of Rights as are all of “We the People”,good and bad. Your statement that “citizens who love this country do not harm others” is ludicrous. Murder happens daily in the USA. The Bill of Rights applies to everyone lest one is accused wrongfully.

  • The Rights one has against self-incrimination,to remain silent, and to have legal counsel is NOT dependent on the reading of a Miranda statement. The Rights exist whether they are read or not. Miranda v. Arizona,SCOTUS ordered they BE read to anyone under arrest. The act of reading the Miranda statement does NOT act to confer these rights.The statement is a reminder that one HAS those rights. They are given by God and are inalienable. There are NO exceptions. Any so called “Exemption” for public safety is “Repugnant to the constitution and is null and void”. Every American has the right to remain silent when in custody of the Police and not to testify against him/herself in a Court of Law. Delaying the reading of the Miranda statement “You have the right to remain silent…” has no legal effect on a suspects guaranteed Constitutional rights. Such rights cannot be abrogated by an act of the Government to deny them or to make an end run around them.

  • I do not like terrorists! But if this kid is an American citizen he has rights. Like it or not, Lame McCain and RINO Graham need to shut their pie holes. Who the hell do they think they are?

  • First question. Were you working for Al Qaeda or the KGB?

    Your Brother was in Moscow for six months last year. Who did he meet and what did he do? Tell us in now or you are waterboarded.

    How many more of you worthless terrorists are in this country now?

    • Obama has worked for al-qaeda and other enemies of the USA. An American does NOT have to account for his whereabouts when traveling. We have the right to travel. Russia is not on the off limits list.
      As for “how many terrorists are in this country now”,I would think that Obama,the usurper and traitor would have a more accurate tally.

  • McCain and Graham have already shown us who they are, by voting for the expanded background checks in the gun control bill. The ACLU is right in this case.

  • Greg S.

    2 issues….1. He shall have due process if he is a us citizen. Miranda should not be given until after a short period of questioning during which nothing he says can be used against him in court. This may be the only way to get information on accomplises etc. 2. There is plenty of evidence prior to him being mirandized that should result in conviction of murder etc…We must not let terrorists change-manipulate our Constitution any further than they already have.
    Greg S.

    • To thaten d Obama MUST be arrested as a Usurper. Obama is a Muslim terrorist sympathizer and a Muslim supremacist.

  • WATCHER

    McCain et al are still supporting the Chechean separatists, the libyan rebels the Styrian rebels all of whom have close ties to Al quaeda or its affiliates.

  • Disgusted

    Death penalty!

    • Norm D. Plume

      After due process, if he is convicted, and that is the sentence handed down, yes.

  • CSN

    Whoever wrote this article doesn’t understand what “Naturalized” American Citizen means. It means if you were born in the USA, not if you were transported by Muslim Terrorists to the USA. I’d do some private investigating and find out if this young man ever did become a US Citizen, because I have me doots!

    • Look it up before you spout off. You are getting “natural-born” mixed up with “naturalized.” According to the media, the FBI denied citizenship to his older brother, Tamerlan. Please do your homework before you act like you know something.

      • CSN

        I fixed it smarty pants….it reads better now that you weighed in on this….you like terrorists or something?

  • Patricia Gillenwater

    To deny just one person the right to Miranda rights is to deny the possibility to all sovereigns. Caution sovereigns in what you ask.

  • BTW we are all bombing suspects!

  • nexgenesis

    I am wondering if America is so caught up in political correctness that we cannot even declare the name of our enemie for fear of offending them. This guy is an enemy combatant and deserves a firing squad. The blood of those who lost their lives and those whose lives are forever changed demand no less. Miranda rights for the enemy is a bunch of crap.

    • Norm D. Plume

      He is a citizen. A dirtbag terrorist, probably, but that is for a court to decide. Imagine a time when you, a Christian or a patriot or some other type of person, are declared a terrorist because you want to keep our government a republic instead of letting it slide into a dictatorship. Will you be so quick then, to remove the rights of accused terrorists? If the government can build a case against this man, publicly, in a court of law, then the full weight of the law is his just deserts. Let the system work. Give the man his due process, as guaranteed him by the constitution. You would demand no less.

  • Delores109

    SENATOR McCAIN & SENATOR GRAHAM,
    When I need either one of you to tell me what is Constitutional and what is not, I will call you…DO NOT CONTACT ME. McCain, I was one of your constituents until you started kissing up to Obama, along with Graham. This suspect is a United States Citizen, and if you chip away at the Constitution to make it null and void as Obama is doing in order to become a Dictator, you are parties to his crimes. Your actions are setting a precedent to be used against other American Citizens. The Constitution is our RULE OF LAW. Neither one of you are bright enough to interrogate a man on a respirator, under sedation, with a possible low oxygen level. When this man is aware, you can question him, setting aside his Miranda Rights through a Court Injunction and with the approval of doctors who can determine if he has the oxygen level to provide you with accurate info. He can then be tried in a Court under our RULE OF LAW.
    Delores Smith
    [email protected]

  • Arrested in the U.S., by local law-enforcement authorities (they should, by at least habit, give those rights as part of their arrest procedures). Here either as citizens, or legal immigrants. If overseas, or as illegal immigrants, they have no protection of the law. Because of location, jurisdiction and method of arrest puts the bomber suspect under the protection of the Constitution, just like any other common criminal.

  • Mi

    We need Mark Levin to tell us the truth on this………..

  • If allowed for this … they set a precedence and next it may be you or I who have had all our rights stripped … oh wait we almost have.

  • “Those who would deny Rights to others do not deserve them,themselves”-Abraham Lincoln

  • Naval Aviator

    Those of us who actually read and understand the Constitution (it’s wtitten in english) know that the Bill of Rights does not contain the word “Citizen” but refers to “people” or “person/s.” Like it or not, our rights belong to everyone in the USA. Like McCain and others, I have taken the oath to support and defend the Constitution against “all enemies, foreign and domestic.” The differnce is; I still take my oath seriously.