Reports indicate Dzhokhar Tsarnaev was mirandized by Federal Judge Marianne Bowler against the wishes of investigators who wanted to continue questioning the suspect.
As news has come out of Bowler’s actions on April 22, Republican lawmakers have pressed the DOJ to explain “why it didn’t make a stronger bid to resist the judge’s plans.”
These lawmakers include House Intelligence Committee Chairman Mike Rogers (R-MI), who said, “We have a longstanding tradition that the judiciary does not interfere with investigations. This sets a very dangerous precedent.”
DOJ spokesman Dean Boyd said that after the first “sealed charges” against Tsarnaev were filed with Judge Bowler on Sunday, April 21, it was clear “the hearing would be on Monday.” At that point, Boyd says, “The rules of criminal procedure require the court to inform the defendant of his right to silence.”
On Monday, April 22, Judge Bowler mirandized Tsarnaev in his hospital room. Officials say the bombing suspect stopped talking to investigators once he was read his Miranda rights.
Judge Marianne Bowler is my new shero. Appointed to the federal bench by GHW Bush, she is a walking, talking example of why judges need life tenure. She had to know her actions were gonna cause a shitstorm but she did it anyway.
Thomas Paine said “In America, the law is king”. That is something I agree with wholeheartedly. Civil rights are meaningless if they can be taken away whenever the government feels like it. Having a Bill of Rights means we have to tolerate big-mouthed jerks, occasional shootings, and criminals escaping justice due to legal technicalities. (Another term for “legal technicality” is “civil right”.)
What irks me the most is this whole kerfluffle was caused by the government seeking to evade the law as set forth in Miranda and its progeny. This was no “good faith” exception, it was a deliberate action taken in bad faith.
I want to see Dzhokhar Tsarnaev face justice. I hope he gets the death penalty. But I want everything done in full accordance with the law. If the Constitution will protect the rights of a little shitstain like Jahar, it will also protect the rights of all of us.