Constitutional Rights and Terrorists

There has been much comment by politicians and in the media about the decision of Obama administration to read the Miranda Rights to the alleged “underwear bomber” aka the Christmas Day Bomber and to try his case in the Federal Courts and not before the Military Commissions.


I must say I find this whole discussion to be “much ado about nothing.” I have no doubt that the underwear bomber is a bad person, I have no doubt he did what he is accused of, but I also believe, that it is prudent to read and adhere to the Constitutional provisions of our nation. There are several reasons for my belief. First and foremost we are a nation of laws. Two, by adhering to the rule of law we set ourselves apart and above and remain true to the fundamental underpinnings of our nation and we send a message that counters the perception of many regarding the United States in the world. Third, it is the right thing to do. It becomes too easy to find exceptions once you go down the slippery slop of saying we are making an exception. Pretty soon we are finding exceptions to the Miranda Rights for American citizens.

We must be mindful that by ensuring that the underwear bomber had his Miranda Rights read to him, we are following the procedures, which the Supreme Court has outlined for criminal suspects. Whether we wish to admit it or not, the underwear bomber is being charged for a criminal act of trying to blow up an airplane. Yes it was an act of terrorism but first and foremost it was a criminal act. By reading his Miranda Rights to him, we have ensure that when he tried, and if convicted and that his conviction will not be overturned because his Rights were not read to him.