F.B.I. Tells Interrogators in Terror Cases to Delay Miranda Warning (original) (raw)

U.S.|Delayed Miranda Warning Ordered for Terror Suspects

https://www.nytimes.com/2011/03/25/us/25miranda.html

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Delayed Miranda Warning Ordered for Terror Suspects

March 24, 2011

WASHINGTON — The Federal Bureau of Investigation has instructed agents to interrogate suspected “operational terrorists” about immediate threats to public safety without advising them of their Miranda rights to remain silent and to have an attorney present.

A three-page F.B.I. memorandum, dated Oct. 21, 2010, also encouraged agents to use a broad interpretation of public safety-related questions. It said that the “magnitude and complexity” of the terrorist threat justified “a significantly more extensive public safety interrogation without Miranda warnings than would be permissible in an ordinary criminal case.”

“Depending on the facts, such interrogation might include, for example, questions about possible impending or coordinated terrorist attacks; the location, nature and threat posed by weapons that might post an imminent danger to the public; and the identities, locations, and activities or intentions of accomplices who may be plotting additional imminent attacks,” the memo said.

In the Miranda case, the Supreme Court ruled that if prosecutors want to use statements made by the defendant while in custody against him, police must have warned him of his rights before those statements were made. The court later created an exception for answers to questions about immediate threats to public safety.

The practice of reading Miranda warnings to terrorism suspects arrested in the United States has led to political disputes. In particular, Republicans, seeking to portray the Obama administration as soft on terrorism, criticized the reading of a Miranda warning to the main suspect in the failed bombing of a Detroit-bound airliner on Dec. 25, 2009.

Obama administration officials said the warnings had not prevented interrogators from gaining intelligence from such suspects, and the F.B.I. director, Robert S. Mueller III, testified in July 2010 that agents were already using a broad interpretation of the public safety exception to the Miranda rule in terrorism cases.

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