"'Serious mistake' if car bombing suspect was Mirandized"

[unixronin]

So says John McCain of the attempted Times Square carbomber.  Because then we'd have to prosecute him through the criminal justice system and he'll have, like, rights and stuff, instead of treating him as an "enemy combatant".  Because we've just gotten SO MUCH vitally important intelligence out of all the "detainees" we've been storing indefinitely at Guantanamo.

Comments

[house-pundit.livejournal.com]

It would be the representative's job, in an adversarial process, to poke holes in the government's case that the detainee committed an act of combat.

If the detainee is, by this process, found to be an actual enemy combatant, you let him be held, with periodic reviews of his status by something like a parole board that determines whether he still has intelligence value or is a threat of returning to combat if released.

[house-pundit.livejournal.com]

I don't think we should use a reasonable doubt standard for these guys, either. Classify combat event types by seriousness and dangerousness.

If it's more serious, go on preponderance of the evidence (51% standard). Or if there's reason to believe the EC has information about something more serious. We've got to protect against a ticking nuke scenario.

If it's less serious, go on clear and convincing proof (75% standard).

Do allow interrogation, with standard methods, from the time the potential EC is first picked up. Which can be used against him if he stays in the military side of the system.