I awoke this morning to Eric Holder’s concession on ABC about “modifying” Miranda in terrorism cases. I am really unhappy that the Administration is willing to give ground on this Constitutional principle, especially when in the most recent terror case the Pathfinder Bomber, who was twice given his Miranda warnings, is being such a conversationalist with the authorities.
An attack on Miranda, a precedent that has weathered 42 turbulent years, even a concession as mild as Holder made today, is usually an offering to certain kinds of voters, voters who are afraid, who are “law and order,” who are ready to sacrifice the Constitution for “safety.” So I see today’s remarks as a dog whistle. But I don’t know why Holder is calling these particular stray dogs.
Join me in the pound.