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Vengeance Shouldn't Guide Prosecution of Dzhokhar Tsarnaev

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Tom Sr.

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Apr 22, 2013, 10:07:18 AM4/22/13
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--------
http://www.cnn.com/2013/04/22/opinion/frakt-boston-court/

*Vengeance Shouldn't Guide Prosecution*
by David Frakt, Special to CNN
Mon., April 22, 2013

(CNN) -- The Boston Marathon bombings were horrific and senseless
crimes. Thus far, all the publicly released evidence suggests that the
crimes were the work of just two individuals, the Tsarnaev brothers.

The elder brother, Tamerlan, is dead, and the younger brother,
Dzhokhar, is in serious condition at a Boston hospital.

Assuming that he recovers and is mentally fit, Dzhokhar Tsarnaev must
face trial. The question is where: in state court or federal court?
Both are legitimate possibilities. As with the Oklahoma City bombing
in 1995, the acts of which he is accused constitute a variety of
crimes under both state and federal law.

There have been numerous calls to prosecute Tsarnaev in federal court
because federal law offers the possibility of the death penalty, but
Massachusetts law does not. This would be a very poor basis upon which
to make the choice.

The decision of where to prosecute should be based on which
jurisdiction has a greater interest in the case, not where the
potential for vengeance is greater.

In the Oklahoma City bombing, the federal prosecution was given
priority because Timothy McVeigh was motivated by hatred of the
federal government to directly attack it, destroying a federal
building and killing scores of federal employees and their children in
the process.

There does not appear to be a similar federal interest here. The
Boston Marathon is the quintessential Boston event, and the victims
were predominantly Massachusetts residents. Those killed by the blast
were a local restaurant manager, a schoolchild and an international
student attending Boston University. The law enforcement officer
victims were an MBTA Transit Police officer and an MIT campus police
officer.

The crimes, in addition to the bombings, included an attempted
convenience store robbery and a carjacking, crimes typically
prosecuted in state court.

The elected representatives of Massachusetts have rejected numerous
attempts to reinstate the death penalty since it was invalidated by
the state's Supreme Judicial Court in 1984.

Gov. Deval Patrick and other state authorities should resist allowing
the passion and grief of the moment to override the will of the people
of Massachusetts not to execute its citizens by turning the case over
to the feds.

Comments by Mayor Thomas Menino expressing a hope that the U.S.
attorney will "throw the book" at Tsarnaev, although understandable
after what his city has been through, do not represent the sober
reflection we expect of our leaders.

Of course, we do not yet know what motivated the bombers. If
investigation reveals that the attack was an attempt to terrorize the
United States as a whole as part of some jihadist ideology, then the
federal interest in prosecution would be stronger. But at the moment,
the Commonwealth of Massachusetts has a much stronger claim to
prosecute.

One option that clearly should not be on the table is any effort to
treat Tsarnaev as an enemy combatant. He is an American citizen. Just
like McVeigh, he is entitled to all the rights and privileges afforded
citizens under the U.S. Constitution and does not forfeit them because
he appears to have committed heinous crimes.

We must resist the tendency to treat every act of violence as an act
of war just because we are in a "war on terror" and to reflexively
label every criminal of foreign origin or Muslim faith as a terrorist.

And if and when Tsarnaev is well enough to be questioned, the
interrogation should start with a Miranda warning. Now that the crisis
has passed, there is no urgent need to invoke the New York v. Quarles
"public safety exception" as a means of circumventing this young man's
constitutional rights.

Boston is the cradle of American liberty and is justifiably famous for
its rejection of oppressive and tyrannical government. Let us not
sully that reputation by sacrificing Tsarnaev's civil liberties in the
heat of the moment.
----

Editor's note: David Frakt is a visiting professor at the University
of Pittsburgh School of Law, a lieutenant colonel in the U.S. Air
Force Reserve JAG Corps and a former lead defense counsel with the
Office of Military Commissions. He also previously served as a
military prosecutor and special assistant U.S. attorney.
--------

.


-----
-----
Please Note:

In select newsgroups my post will be followed by an out-of-date, cut-
and-paste, SHRIEKING ranting and raving post by Bob Milby Jr., aka
Patriot Games, aka Buster Norris, aka 10,000s of Sockpuppets -- Winner
of The alt.usenet.kooks Awards: Palmjob Paddle (July 2008)*, KO0k of
the Month (Sept. 2012)**, and the Order of the Holey Sockpuppet (Oct.
2012)!***

* This award is given to the person who gets spanked (as in,
thrashed) the most in a given month by other posters or even himself.
** Given to someone whose Kookery is judged to have surpassed all
others.
*** For those most prolific in the art of, abiet thinly,
disguising their net.presence behind whatever nose and glasses they
can concoct.

We hope to return you to more rational posting after this brief,
psychotic interruption.
------
------

Ramon F. Herrera

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Apr 22, 2013, 10:33:49 AM4/22/13
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On Apr 22, 9:07 am, "Tom Sr." <thomas.swift.sen...@gmail.com> wrote:

> And if and when Tsarnaev is well enough to be questioned,
> the interrogation should start with a Miranda warning.

The interrogation is underway, sans Miranda, I am afraid. If they
investigators are clever (and we know they are), they will place ONE
caring-looking individual (kind of father, compassionate which rules
out any Conservative) in the hospital room, alone, to ask the
questions that Jahar (*) is answering in writing. At this point his
defenses are very low.

When I broke my clavicle in a motocross race, as soon as I woke up in
the ICU, in Barquisimento, Venezuela, I instantaneously fell in love
with my attending nurse (funny enough, her last name was Miranda). I
have KNOWN other similar cases. This is the kind of feeling that we
need to be instilled in "Suspect #2".

-Ramon

(*) He chose this spelling in his Twitter account.

Message has been deleted

Mr. B1ack

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Apr 22, 2013, 12:04:12 PM4/22/13
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Shouldn't .... but will. Humans are humans
after all. You can take the monkey out of
the jungle but you can never quite take the
jungle out of the monkey.

However, being really 'high profile', expect
enough scrutiny on this case to keep it
pretty damned kosher.

I'm more worried about all the "recently-
emerged facts" about those brothers ... and
how much of it may be govt FABRICATION intended
to channel reality into a convenient and
somehow profitible direction. On the whole,
only 'news' from the first 24 hours of a
'political' incident is gonna be honest news.
Beyond that and there's time to create
documentation, even audio/video and 'witnesses',
to manufacture the case the govt WANTS.

Jorge

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Apr 22, 2013, 12:14:57 PM4/22/13
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In article
<f358454b-53d5-4e68...@c5g2000yqh.googlegroups.com>,
When I broke my clavicle in a bike accident, (a deer jumped out of the
woods.) In and out of a coma and there was a cop asking me questions
about whether I was using drugs or speeding. Imagine that a cop taking
advantage of someone in that state. No Miranda Necessary?
--
Karma ; what a concept!
Message has been deleted

Sid9

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Apr 22, 2013, 1:03:49 PM4/22/13
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"Mr. B1ack" <now...@nada.net> wrote in message
news:qenan8d8sjksklk65...@4ax.com...
You seem to want to create medal in his honor.


Padraigh ProAmerica

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Apr 22, 2013, 1:39:00 PM4/22/13
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Re: Vengeance Shouldn't Guide Prosecution of Dzhokhar Tsarnaev

Group: alt.guns Date: Mon, Apr 22, 2013, 9:14am (EDT-3) From:
georg...@yahoo.com (Jorge)
====================

A couple of years ago the Nissan I was driving was broadsided by a large
pickup truck; the airbag went off and knocked me silly; the ONLY
interaction had with the police as an officer looking in the car and
aking if I was OK; all I copuld say was, "I had the light." (the
accident wasn at an intersection & the truck had blown TWO red lights;
there was a aitness who backed up the fact I had the green).

--
"Remember, there is a fine line between activism and just being a pain
in the
ass."--
Dennis Miller--

Mr. B1ack

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Apr 22, 2013, 3:19:00 PM4/22/13
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On 22 Apr 2013 16:34:04 GMT, dzwe...@REMOVEyahoo.com (Denny) wrote:
>Strange. Do you think the "government" will try to
>demonize the brothers or humanize them? And why?

Even stranger ... I think it's gonna play it
BOTH ways.

The older brother, conveniently dead, is gonna
get the lions share of the blame for the actual
attacks. Cute widdle younger brother is gonna
be cast as being brainwashed, less than 100%
culpable. Obama wants this to be a US criminal
case, not a Gitmo thing, and I'll betcha this
issue over Mirandizing is intended to get
widdle brother less than the death penalty by
excluding certain evidence.

The MAIN thrust is twofold - blame "radical
Islam" (conveniently foreigners) in order to
justify far more surveillance and abridgement
of rights HERE (which both Dems and GOP and
their masters want) - plus - bet the Dems
will somehow spin this in an anti-gun/anti-NRA
direction for their own happiness.

So, this attack and the way it will be dealt
with will increase the terrorization OF
Americans BY Americans ... empowering the
spooks and paranoids, the 'leaders' and
the REAL leaders. Thought they'd put that
drone issue to bed ? Think again. Think
we were gaining-back internet privacy ?
Think again. Think the USA wasn't gonna
have Big Brothers spy cameras *everywhere*
like in the UK ? Think again.

By the time they're done assigning cause and
effect and blame where they WANT it, our
freedoms will suffer and Big Bro will score.

Mr. B1ack

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Apr 22, 2013, 3:22:12 PM4/22/13
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On Mon, 22 Apr 2013 13:03:49 -0400, "Sid9" <sid9@ bellsouth.net>
wrote:
Whose ? Junior Bombthrowers ? Where the hell
did I even imply that ??? Rabid dogs, both
of them.

But our 'leaders' have USES for rabid dogs,
so keep a close eye on the 'truths' that
are told about the brothers, their alleged
causes and who might be behind it.

Tom Sr.

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Apr 22, 2013, 3:22:15 PM4/22/13
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On Apr 22, 10:07 am, "Tom Sr." <thomas.swift.sen...@gmail.com> wrote:
> ----
> Editor's note: David Frakt is a visiting professor at the University
> of Pittsburgh School of Law, a lieutenant colonel in the U.S. Air
> Force Reserve JAG Corps and a former lead defense counsel with the
> Office of Military Commissions. He also previously served as a
> military prosecutor and special assistant U.S. attorney.
> --------

Make note of the author of that article's credentials.

He hardly seems like the bleeding heart liberal-type. in case the far-
right KooK's try to claim that..

Frakt clearly does understand our American legal system and what it
SHOULD be.

Tom Sr.

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Apr 22, 2013, 3:25:48 PM4/22/13
to
On Apr 22, 12:04 pm, Mr. B1ack <nowh...@nada.net> wrote:
> I'm more worried about all the "recently-
> emerged facts" about those brothers ... and
> how much of it may be govt FABRICATION intended
> to channel reality into a convenient and
> somehow profitible direction. On the whole,
> only 'news' from the first 24 hours of a
> 'political' incident is gonna be honest news.
> Beyond that and there's time to create
> documentation, even audio/video and 'witnesses',
> to manufacture the case the govt WANTS.

As I predicted last week, the far-right has already starting their
conspiracy theories.

Though it wasn't much of a prediction since it was blantly obvious
from the past they *would* do it.

*sigh*

Sid9

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Apr 22, 2013, 3:39:56 PM4/22/13
to

"Mr. B1ack" <now...@nada.net> wrote in message
news:m93bn892km631mf58...@4ax.com...
You attack our elected government and appear to defend the jihadist

MANFRED the heat seeking OBOE

unread,
Apr 22, 2013, 4:37:00 PM4/22/13
to
"Sid9"
> "Mr. B1ack" ...
>>>You seem to want to create medal in his honor.
>>
>>
>> Whose ? Junior Bombthrowers ? Where the hell
>> did I even imply that ??? Rabid dogs, both
>> of them.
>>
>> But our 'leaders' have USES for rabid dogs,
>> so keep a close eye on the 'truths' that
>> are told about the brothers, their alleged
>> causes and who might be behind it.
>>
>
> You attack our elected government and appear to defend the jihadist


LIB not only sponsor our Adversaries, but Actively Defend them as well.
TRUE LIBs will condemn both the Murders, and their Murdered.


As wave after wave of Terror appear over the horizon as did so many
Luftwaffe during the Battle of Britain, LIBs will demand that we
stop and prosecute each Pilot as an Individual.
-- PRECISELY WHAT OBAMA IS DOING.



Precisely One Week ago,
OBAMA had the Historic Pivotal opportunity
to take out NKA's UN and become World Hero -- likely preemting the attack.

This attribution of the 'cause' of the bombing to TAX DAY
was as FECKLESS AND NAIVE as his attribution of Benghazi to a Video.


With a Sleeper Cell
of 12 still at large.
BARACK OBAMA SHOULD RESIGN. PERIOD.


LIBs. What PRICE their Vision?
---
"The time has come to set aside childish things."
-- Obama'09 before he declared war on the news media
discovering Political Power growing out the Barrel of a Gun
even as he quivers at the Hypothesis of Global Warming
while dismissing the fact imminent threat Nuclear Iran


http://www.strangepolitics.com/images/content/156120.JPG
MANIFEST DESTINY:: Who's really CHANGEd?
C'Mon CITIZEN, Let's put a SMILE on that FACE!

LIBs. What PRICE their Vision?

Mr. B1ack

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Apr 22, 2013, 5:16:56 PM4/22/13
to
On Mon, 22 Apr 2013 15:39:56 -0400, "Sid9" <sid9@ bellsouth.net>
Anyone who doesn't piss on elected governments,
any elected government, is a stooge, a fanatic
or a fool.

Oh well, you WILL wise up ... someday.

Sid9

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Apr 22, 2013, 5:33:52 PM4/22/13
to

"Mr. B1ack" <now...@nada.net> wrote in message
news:g2abn891ndm5v6t6s...@4ax.com...
.
.

Sounds like you advocate treason.
No surprise here.

When you recite the "Pledge of Allegiance" do you know what the words mean?

Message has been deleted

Harold Burton

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Apr 22, 2013, 10:01:16 PM4/22/13
to
In article <20130422214830.986$G...@newsreader.com>,
> Ladies and gentlemen, this is a real conspiracy theory.


Ladies and gentlemen, did Mr. Black nail it? Why doesn't Denny respond
directly to Mr. Blacks theory?


snicker

Harold Burton

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Apr 22, 2013, 10:02:36 PM4/22/13
to
In article <kl3qc5$961$1...@dont-email.me>, "Sid9" <sid9@ bellsouth.net>
wrote:
You seem to be confused. What else is new.


snicker

Harold Burton

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Apr 22, 2013, 10:03:57 PM4/22/13
to
In article <kl43gr$koi$1...@dont-email.me>, "Sid9" <sid9@ bellsouth.net>
> You attack our elected government,


It's what the loyal opposition is expected to do.

> and appear to defend the jihadist


only to idiots like you.


snicker

Harold Burton

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Apr 22, 2013, 10:04:47 PM4/22/13
to
In article <kl4a6g$9n5$1...@dont-email.me>, "Sid9" <sid9@ bellsouth.net>
Only to idiots like you.


snicker

Mr. B1ack

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Apr 23, 2013, 1:47:51 PM4/23/13
to
>Ladies and gentlemen, this is a real conspiracy theory.


Wait. See. :-)

I'll get back to you in a few months.

Such "incidents" are *opportunities* for
the power elite to grab even more power,
just like they did after 9-11.

Can you say "Patriot Act" ?

"Gitmo" ?

"Rendition" ?

"Tribunal" ?

"Enemy combatant" ?


Mr. B1ack

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Apr 23, 2013, 5:08:01 PM4/23/13
to
On Mon, 22 Apr 2013 12:25:48 -0700 (PDT), "Tom Sr."
<thomas.sw...@gmail.com> wrote:

>On Apr 22, 12:04 pm, Mr. B1ack <nowh...@nada.net> wrote:
>> I'm more worried about all the "recently-
>> emerged facts" about those brothers ... and
>> how much of it may be govt FABRICATION intended
>> to channel reality into a convenient and
>> somehow profitible direction. On the whole,
>> only 'news' from the first 24 hours of a
>> 'political' incident is gonna be honest news.
>> Beyond that and there's time to create
>> documentation, even audio/video and 'witnesses',
>> to manufacture the case the govt WANTS.
>
>As I predicted last week, the far-right has already
>starting their conspiracy theories.

1) Many little 'conspiracies' will be fueled
by this event.

2) Who sez I'm "far right" ? I endorsed Obama
last election (as the less-scummy of two
scumballs).

Hey ... if I said 9-11 was used by 'conspirators'
to massively enrich the military-industrial complex
via the two wars AND 'justify' throwing lots of the
constitution into the toilet - would you complain
about "left-wing konspiracy nuts" ?


>Though it wasn't much of a prediction since it was blantly obvious
>from the past they *would* do it.

The left-wing 'conspirators' will be the next
ones to weigh in ... use this event as an excuse
to throw even more of the constitution and your
civil liberties into the toilet.

With the far 'left' and 'right' working together,
they can shred all that 'Land of the Free' nonsense
TWICE as fast ....

Harold Burton

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Apr 23, 2013, 9:13:11 PM4/23/13
to
In article
<d1f395fd-28a8-491c...@s4g2000vbr.googlegroups.com>,
"Tom Sr." <thomas.sw...@gmail.com> wrote:

> On Apr 22, 12:04 pm, Mr. B1ack <nowh...@nada.net> wrote:
> > I'm more worried about all the "recently-
> > emerged facts" about those brothers ... and
> > how much of it may be govt FABRICATION intended
> > to channel reality into a convenient and
> > somehow profitible direction. On the whole,
> > only 'news' from the first 24 hours of a
> > 'political' incident is gonna be honest news.
> > Beyond that and there's time to create
> > documentation, even audio/video and 'witnesses',
> > to manufacture the case the govt WANTS.
>
> As I predicted last week, the far-right has already starting their
> conspiracy theories.


Cite?


snicker

Liberal Here

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Apr 24, 2013, 3:24:36 PM4/24/13
to
On Apr 23, 1:47 pm, Mr. B1ack <nowh...@nada.net> wrote:
> On 23 Apr 2013 01:48:30 GMT, dzweib...@REMOVEyahoo.com (Denny) wrote:
>
>
>
>
>
>
>
>
>
> >Mr. B1ack <nowh...@nada.net> wrote:
> >> On 22 Apr 2013 16:34:04 GMT, dzweib...@REMOVEyahoo.com (Denny) wrote:
Bush 1/2 voters......
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