Sunday, April 28, 2013

Memo to John Yoo

From Mother Jones.

Law Professor John Yoo Apparently Unaware of Federal Rules of Criminal Procedure

Yoo stated:
"Apparently the FBI interrogated the younger Tsarnaev for 16 hours," wrote torture memo author John Yoo at National Review. "And then, for reasons that are still unknown, the government read him his rights."

To Professor John Yoo
RE: Your Abysmal Ignorance

Immediately following the ratification of our Constitution it was amended to protect the rights of the citizens.  Several of those amendments seem to address your ignorance (I put some others there just to refresh your memory.) 
A short session with the Google will provide you with the following information:
Fourth Amendment – Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  • Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

And the rights must be read to him or information obtained may not be used - 
The concept of "Miranda rights" was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights ofErnesto Arturo Miranda had been violated during his arrest and trial for domestic violence. (Miranda was subsequently retried and convicted.)
The Supreme Court did not specify the exact wording to use when informing a suspect of his/her rights. However, the Court did create a set of guidelines that must be followed. The ruling states:
...The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorneyand to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.

It is not rocket science to understand this nor does it take a law professor to explain it.  Perhaps as an attorney and professor at the prestigious University of California Berkeley School of Law you should apply for and undertake a basic course in Constitutional law.   But then you never did seem to understand things since you said that it was alright to torture prisoners. Perhaps you need to move to a country that accepts that sort of thing.

In America citizens have rights.  I don't plan to give up any of them voluntarily and neither should anyone.

1 comment:

Ur-spo said...

oh what a dilemma on this one.