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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Under New Rules, Terror Suspects Can Be Held Longer Without Miranda Warning

The Wall Street Journal reports that new Justice Department rules give investigators the authority to question terror suspects for a longer period of time without giving them a Miranda warning.

According to the report, investigators can already question suspects for a limited period of time prior to the Miranda warning if there is a question of public safety, but that “new rules give interrogators more latitude and flexibility to define what counts as an appropriate circumstance to waive Miranda rights.”

CenterLine Blog reports:

"The report cites a December FBI memo the WSJ has reviewed (but which is not public) that states that the “policy applies to ‘exceptional cases’ where investigators ‘conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat.’” A spokesman for the Justice Department told the WSJ that the memo guarantees that “law enforcement has the ability to question suspected terrorists without immediately providing Miranda warnings when the interrogation is reasonably prompted by immediate concern for the safety of the public or the agents.” The new rules are reportedly being prompted by criticism that investigators should not have given the Miranda warnings as quickly as they did to two terrorism suspects, one being accused Detroit airline bomb plotter Umar Farouk Abdulmutallab, who was read his rights within an hour, and Times Square bombing suspect Faisal Shahzad, who was questioned for three hours before being given his Miranda warning."

For the full text of the WSJ article, click here: Rights Are Curtailed for Terror Suspects 

For the CenterLine blog post, click  here

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