Obama Administration

Experts: Obama Admin Pioneering Robust Use Of Miranda Exception In Terrorism Cases (VIDEO)

Justin Elliott | May 7, 2010, 5:52PM

Attorney General Eric Holder

The Obama Administration is applying an old exception to the Miranda rule in a new way in order to interrogate terrorism suspects before reading them their rights, several experts tell TPMmuckraker, finding what one law professor calls a "middle ground" between those who want suspects put through the criminal justice system and those who believe they should be classified as "enemy combatants."

Federal agents questioned both Faisal Shahzad, the man accused of planting a makeshift bomb in Times Square, and Umar Abdulmutallab, the failed Christmas Day bomber, under the so-called public safety exception to the Miranda rule for substantial periods before informing the men of their right to remain silent, and to an attorney.

Information gleaned during questioning under the public safety exception -- in which police "ask questions reasonably prompted by a concern for the public safety," according to the 1984 Supreme Court case that recognized the exception -- is admissible at trial.

Read more »