Tags: ron desantis | ny bomb suspect | tried | miranda rights

DeSantis: NY Bomb Suspect Can Be Tried Without Miranda Rights Read

DeSantis: NY Bomb Suspect Can Be Tried Without Miranda Rights Read
(Tom Williams/Getty Images)

By    |   Tuesday, 12 December 2017 03:37 PM

Rep. Ron DeSantis, a former federal prosecutor, said Tuesday that New York pipe bomb suspect Akayed Ullah doesn't need his Miranda rights read to him, even if he's being prosecuted in civilian court.

"There were a bunch of eyewitnesses," the Florida Republican told Fox News' "America's Newsroom" program. "Even if you want to prosecute him in civilian you don't need to give him Miranda rights. You need to ask him the background, more of an intelligence and military exploitation, than a traditional law enforcement exploitation that you would do with a run of the mill criminal."

At that point, if usable intelligence is gathered, "you can provide that to the intelligence agencies and we can see whether this guy is connected. You can always put him in court at this point if that's what you want to do," said DeSantis, a member of the House Judiciary Committee.

If Ullah is not Mirandized, his statements couldn't be used in court, he admitted, but "you don't need those statements. You have eyewitnesses that the guy tried to blow everybody up."

Sen. Lindsey Graham on Monday called for Ullah to be charged as an enemy combatant, but DeSantis said he is okay with him to be processed through the court system, or "whichever one will give us the information."

"You don't have to read him Miranda rights," said DeSantis. "Why would you give him an attorney now and then have him remain silent and we can't get the information that we need to be able to help defend the country? If there is a military commission you may be able to do that. We haven't been successful setting those things up. Just the inertia it is easier to throw the guy in federal court. On the front end, get the intelligence information, that's the most important."

Meanwhile, DeSantis said he does not know the answer whether Ullah is legally entitled to constitutional rights.

"He did come legally into the country under chain migration and I think he is a lawful permanent resident, not a U.S. citizen," the congressman said. "When the Constitution is applied, it applies to persons. It doesn't distinguish between the two."

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Rep. Ron DeSantis, a former federal prosecutor, said Tuesday that New York pipe bomb suspect Akayed Ullah doesn't need his Miranda rights read to him, even if he's being prosecuted in civilian court.
ron desantis, ny bomb suspect, tried, miranda rights
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2017-37-12
Tuesday, 12 December 2017 03:37 PM
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