Does the Right to a Lawyer Disappear with Miranda?

Charlie Savage has a story explaining what the Administration means when it says it wants to “modernize” Miranda warnings. As he explains, it’s not just or even primarily Miranda warnings that are the problem (according to the Administration), but rather the requirement that a person arrested without a warrant be brought to court promptly.

President Obama’s legal advisers are considering asking Congress to allow the government to detain terrorism suspects longer after their arrests before presenting them to a judge for an initial hearing, according to administration officials familiar with the discussions.

If approved, the idea to delay hearings would be attached to broader legislation to allow interrogators to withhold Miranda warnings from terrorism suspects for lengthy periods, as Attorney General Eric H. Holder Jr. proposed last week.

The goal of both measures would be to open a window of time after an arrest in which interrogators could question a terrorism suspect without an interruption that might cause the prisoner to stop talking.

But there are two things missing from Savage’s article (and I don’t think it’s through any fault of his). First, an explanation of what the problem is.

I mean, even the Republicans haven’t been complaining about alleged terrorists appearing in court less than 48 hours after they were captured. And there are no allegations that–say–Najibullah Zazi or Umar Farouk Abdulmutallab stopped talking because they got trotted out before a judge shortly after they were captured. And as far as Faisal Shahzad? As Savage points out, he reportedly waived his right to arraignment.http://emptywheel.firedoglake.com/

The full article is important to read.... It might make you question what will be our definition of a terrorist?

Republicans have been complaining about using a Miranda warning at all with terrorists. Their argument is that being in a war against these people we should never mirandize them.

Appearing in court in less than 48 hours and being given Miranda rights are two different things. The OP is correct. Republicans haven't been complaining about the 48 hours.