You Have The Right To Remain Silent . . . For Two Weeks

Score one for the police.

Supreme Court puts expiration date on ‘right to remain silent’

A crime suspect who invokes his “right to remain silent” under the famous Miranda decision can be questioned again after 14 days, the Supreme Court ruled Wednesday. And if he freely agrees to talk then, his incriminatory statements can be used against him.

In a 9-0 decision in a Maryland child-abuse case, the high court overturned a rule set in 1981 that barred the police from questioning a suspect once he had asked to remain silent and to speak with a lawyer.

Known as the “Edwards rule,” it was intended to prevent investigators from “badgering” a suspect who was held in jail after he had invoked his Miranda rights. In some cases, police had awakened a suspect in the middle of the night and asked him again to waive his rights and to admit to a crime.

In recent years, the rule has been understood to prevent police from ever requestioning a freed suspect, even for other crimes in other places. The justices said Wednesday that although the rule made sense for suspects who were held in jail, it did not make sense for suspects who had gone free.

“In a country that harbors a large number of repeat offenders, the consequence [of this no-further-questioning rule] is disastrous,” Justice Antonin Scalia said.

If there has been a “break in custody” and the suspect has gone free, Scalia said, the police should be allowed to speak with him after some period of time.

“It seems to us that period is 14 days,” he said. “That provides plenty of time for the suspect to get reacclimated to his normal life [and] to consult with friends and counsel.”

Then, if the suspect waives his rights and agrees to talk, any statement he makes can be used against him, the court said.

The ruling in Maryland vs. Shatzer reinstates a child-abuse conviction against a Maryland man who made incriminatory statements to a state investigator 2 1/2 years after he had first been questioned by police.

See also:
Maryland v. Shatzer
Maryland v. Shatzer
‘Miranda’ dealt one-two punch by high court
Court says inmate’s lawyer request no longer valid
Supreme Court rules that request for lawyer in questioning has expiration
Supreme Court hands police another victory in Miranda cases
High Court Sets Time Limit on Lawyer Request
Court Says Miranda Rights Don’t Bar Requestioning
Supreme Court eases rules for questioning suspects
Supreme Court: Police can question suspect after release
Miranda Rights Last for 14 Days, High Court Says
High court overturns Maryland child molestation decision
Edwards v. Arizona

Hooray for the Supreme Court, and it was a unanimous decision no less! Good deal, Miranda could use a good pruning. Ever since the uber liberal Warren Court pulled the Miranda warning scheme out of thin air, criminals have had way too much of an advantage over law enforcement when it comes to questioning.

/seriously, if a criminal is too stupid to know that they don’t have to confess to the police, they deserve to go to prison anyway, just for being that dumb

A Smart Rat Jumps The Sinking Ship

With Obama’s approval rating at a new low, well under 50%, Congressional job approval under 30%, the generic Congressional ballot favoring Republians, and most Americans against the Democrat Obamacare plan for socialized medicine, Parker Griffith has seen the light, smelled the coffee, and jumped from the sinking Democrat ship. Smart move.

Democratic congressman defects to the GOP

Rep. Parker Griffith of Alabama switched his party affiliation from Democrat to Republican on Tuesday, a startling defection from the majority party in the House that underscores the difficulties facing Democrats in midterm elections next year.

Mr. Griffith, a 67-year-old radiation oncologist, blasted the Democratic leaderships’ health care overhaul, saying the bill is bad for doctors and patients.

“I believe our nation is at a crossroads and I can no longer align myself with a party that continues to pursue legislation that is bad for our country, hurts our economy and drives us further and further into debt,” said the freshman lawmaker form a conservative-leaning district in northern Alabama that includes his hometown of Huntsville.

Mr. Griffith often sided with Republicans on major votes, and his switch does little to deflate House Democrats’ overwhelming majority. But his unusual decision to join the minority party sent a strong message to Democratic leaders.

Rep. Chris Van Hollen of Maryland, chairman of the Democratic Congressional Campaign Committee (DCCC), said Mr. Griffith had betrayed his Democratic colleagues and demanded that Mr. Griffith return campaign funds.

“Mr. Griffith, failing to honor our commitment to him, has a duty and responsibility to return to Democratic members and the DCCC the financial resources that were invested in him,” Mr. Van Hollen said. “His constituents will hold him accountable for failing to keep his commitments.”

Mr. Griffith’s party switch follows retirement announcement from several moderate House Democrats, fueling expectations that Republicans will pick up a significant number of seats in the midterm elections. Democrats maintain a 79-seat majority, 257 to 178. But several polls show a strong majority of Americans disapprove of the Democratic-led Congress’ performance. A Gallup Poll released last week found that 69 percent of Americans disapprove of Congress’ performance.

Republicans welcomed Mr. Griffith, who was considered one of the most vulnerable Democratic incumbents, and said his conversion reflected a disconnect between Democrats and most Americans.

“From the massive stimulus bill that wasted billions of dollars and failed to create jobs, to a job-killing cap-and-trade energy tax, to a government takeover of health care – the Democrat majority has pursued an agenda far outside the mainstream,” said House Minority Whip Eric Cantor, Virginia Republican.

“Democrats are beginning to realize what most Americans did months ago,” he said, “that their priorities are not in line with what Americans want right now, which is job growth, economic security, a safe and secure nation and a fiscally sane Congress that doesn’t spend money that it doesn’t have.”

Rep. Mike Pence of Indiana, chairman of the House Republican Conference, said Mr. Griffith’s decision should send a “deafening message” to President Obama and House Speaker Nancy Pelosi, California Democrat, that their “agenda of borrowing, spending, bailouts and takeovers is being rejected by the American people.”

See also:
House Democrat announces switch to GOP
Rep. Griffith of Alabama leaves Democrats for Republicans
Ala. Dem defects to GOP over health care, policy
Parker Griffith’s departure forewarns Dems
Democratic Rep. Parker Griffith becomes a Republican — and a straw in the wind?
Democratic Representative Griffith to Switch Parties
Parker Griffith, Democratic Representative, Switches Parties to GOP
Griffith Switches Party
A Democrat Defects
Voters speak out on Griffith’s decision to switch political parties
Congressman Parker Griffith : Home
Parker Griffith

It’s extremely rare and takes guts for a politician to switch from the majority to the minority party, it almost exclusively happens the other way around in the form of cynical political opportunism. As a physician, Griffith isn’t stupid, he can see the writing on the wall and the damage Obama and the Democrats are doing to this country, which is making the American public increasingly angry and frustrated.

/the 2010 elections won’t be kind to Democrats, especially since they seem to be hell bent on galloping down the massive deficit spending, expanding socialist government path

ACORN Takes A Shot At The Messengers

Who said there’s no such thing as bad publicity? The discovery process alone ought to be quite revealing. One thing’s for sure the money and pro bono lawyers will pour in to defend this lawsuit.

ACORN sues filmmakers

ACORN filed suit Wednesday in Baltimore, Maryland, against two filmmakers who secretly recorded videos embarrassing to the agency, claiming the pair violated state law by recording their conversations without permission of the employees involved.

The lawsuit seeks an injunction preventing the further distribution of the videos.

The recordings represented “clear violations of Maryland law that were intended to inflict maximum damage to the reputation of ACORN,” the community organizer’s attorney, Arthur Schwartz, said. “Unfortunately, they succeeded.”

Defendants James O’Keefe and Hannah Giles, conservative activists posing as a pimp and a prostitute seeking advice on setting up a brothel with underage girls from El Salvador, recorded the videos in Baltimore and three other cities.

Breitbart.com, registered to Washington Times conservative commentator Andrew Breitbart, is a co-defendant in the lawsuit. Contacted by CNN, Breitbart had no comment on the suit. O’Keefe and Giles did not respond to requests for comment.

See also:
ACORN Sues O’Keefe, Giles and Breitbart.com
ACORN Sues Makers of Hidden Camera Videos
ACORN Vows ‘Serious’ Internal Probe, Sues Filmmakers
ACORN sues hidden-camera filmmakers
ACORN sues Bretibart, ‘pimp, hooker’ duo
ACORN sues undercover filmmakers

Meanwhile, the ground continues to shift underneath ACORN’s foundation as the fallout from “Hookergate” continues to take its toll.

IRS severs ties with ACORN over scandal

The IRS says it is severing ties with ACORN, the community activist group involved in a scandal after employees were caught on video giving advice to a couple posing as a prostitute and pimp.

The Internal Revenue Service said Wednesday it would no longer include ACORN in its volunteer tax assistance program. The program offered free tax advice to about 3 million low- and moderate-income tax filers this spring.

The IRS said ACORN, which is short for the Association of Community Organizations for Reform Now, provided help on about 25,000 returns.

The House and Senate voted earlier this month to sever federal funding to ACORN. And the Census Bureau severed its ties with the group for the 2010 national head-count.

Liberal Dem blasts ACORN

A leading liberal Democrat in the House blasted the embattled community organizing group ACORN Wednesday and said he is urging the White House to withhold any federal funding for the group.

“I am very disappointed in the actions that were taken by members of ACORN,” Massachusetts Rep. Barney Frank, Chairman of the House Financial Services Committee, said in a statement Wednesday, “and I do not believe that ACORN’s response has been adequate for an organization that has received public funding.”

Frank also said in the statement that he is urging the Obama administration to withhold any additional funding for ACORN “at least until there is very firm evidence that the abuses of which ACORN members have been guilty have not only ceased, but that procedures are in place to prevent them from happening again.”

See also:
IRS, ACORN Sever Ties Over Scandal
IRS, ACORN sever ties over scandal
IRS severs ties to ACORN in wake of latest scandal
I.R.S. Severs Acorn Ties; Group Sues Over Video
Barney Frank flees ACORN
Frank turns against ACORN
Barney Frank, D-Mass: Time to de-fund ACORN
Barney Frank on Acorn
It Was Fraud, Fraud, Fraud, ‘Til Congress Took The Money Away
ACORN Roasting On A Simmering Fire

And ACORN wants even more publicity by filing a lawsuit? Bring it on! Then again, I’m not the one being sued.

/anyway, I know which side I’m rooting for, I hope they get a jury trial and it’s televised

Hacking Back At The Chinese And Russians, The White Hat Cavalry

Gates Creates Cyber-Defense Command

Defense Secretary Robert M. Gates issued an order yesterday establishing a command that will defend military networks against computer attacks and develop offensive cyber-weapons, but he also directed that the structure be ready to help safeguard civilian systems.

In a memo to senior military leaders, Gates said he will recommend that President Obama designate that the new command be led by the director of the National Security Agency, the world’s largest electronic intelligence-gathering agency. The current NSA director, Lt. Gen. Keith B. Alexander, is expected to be awarded a fourth star and to lead the cyber-command.

Gates or his deputy had been expected to announce the command in a speech a week ago. Analysts said making the announcement by memo is in keeping with the Pentagon’s effort to tamp down concerns that the Defense Department and the NSA will dominate efforts to protect the nation’s computer networks.

“Is it going to be the dominant player by default because the Department of Homeland Security is weak and this new unit will be strong?” said James A. Lewis, a cybersecurity expert at the Center for Strategic and International Studies. “That’s a legitimate question, and I think DoD will resist having that happen. But there are issues of authorities that haven’t been cleared up. What authorities does DoD have to do things outside the dot-mil space?”

The command will be set up as part of the U.S. Strategic Command, which is responsible for commanding operations in nuclear and computer warfare. Gates directed that the command be launched by this October and be fully operational by October 2010.

In a speech last week, Deputy Defense Secretary William Lynn stressed that the command’s mission would be to defend military networks. However, he said, “it would be inefficient — indeed, irresponsible — to not somehow leverage the unrivaled technical expertise and talent that resides at the National Security Agency” to protect the federal civilian networks, as long as it is done in a way that protects civil liberties.

See also:
Military Command Is Created for Cyber Security
Pentagon approves creation of cyber command
Defense Secretary Orders Cyberspace Command
Gates approves creation of new cyber command
US Creates Military Cyber Command to Defend Computer Networks
Pentagon: New cyber command focuses on military network
US sets up anti-computer-hacking unit
Cyberspace: The New Battlefield
Welcome to the National Security Agency – NSA/CSS
National Security Agency
National Security Agency
U.S. Strategic Command
Strategic Command
United States Strategic Command
Air Force Cyber Command
Air Force Cyber Command (Provisional)
Navy Cyber Defense Operations Command (NCDOC)
Welcome to Fort George G. Meade
Fort George G. Meade
Center for Strategic and International Studies ( CSIS )
Center for Strategic and International Studies

/since you insist on [expletive deleted] with our networks, we’ll [expletive deleted] with yours, and we’re better at it