MEGYN KELLY’S SURPRISE REVELATION: FBI WAS ‘SHOCKED’ TO SEE JUDGE ‘WALTZ’ IN AND GIVE SUSPECT MIRAND

MEGYN KELLY’S SURPRISE REVELATION: FBI WAS ‘SHOCKED’ TO SEE JUDGE ‘WALTZ’ IN AND GIVE SUSPECT MIRANDA RIGHTS

Apr. 25, 2013 10:04am Jonathon M. Seidl

Regular viewers of Fox News are used to seeing popular host Megyn Kelly on their televisions every afternoon, but on Thursday morning Kelly made a special appearance during the morning to break some surprising information: according to her sources, the FBI was “shocked” to see a magistrate “waltz into” the hospital room of Dzhokhar Tsarnaev and read him his Miranda rights.

So why were they shocked? According to Kelly, the FBI was under the understanding that they would get much more time with Tsarnaev under the “public safety exemption” before he was read his rights. Adding to the shock: the sources told Kelly agents were getting crucial information after only 16 hours of questioning and were making valuable progress.

No matter.

“It’s really unbelievable,” Kelly said.

“The FBI had no idea they were sending over the judge, the prosecutor, the federal public defender; and the FBI said they were only 16 hours into what they understood would be a 48 hour period of questioning … . They said they were in the process of getting valuable information … and as soon as that magistrate judge went in there and gave him his rights with his lawyer present, he stopped talking. They said they would never have stopped interrogating him prior to the 48 hours unless they were forced to.”

“These officials with knowledge of the proceedings say they believe our national security may have been compromised by the decision to send that judge in there so soon after the filing of the criminal complaint.”

A Foxnews.com story alludes to information Kelly clearly laid out:

Two officials with knowledge of the FBI briefing on Capitol Hill said the FBI was against stopping the investigators’ questioning and was stunned that the judge, Justice Department prosecutors and public defenders showed up, feeling valuable intelligence may have been sacrificed as a result.

The FBI had been questioning Tsarnaev for 16 hours before the judge called a start to the court proceeding, officials familiar with the Capitol Hill briefing told Fox News.

The exact timeline is unclear. A transcript of the court proceeding shows Bowler asking a doctor if Tsarnaev was “alert.”
“You can rouse him,” she says in the transcript.
“How are you feeling? Are you able to answer some questions?” the doctor asks Tsarnaev, who nods.

Although Bowler advised Tsarnaev, an ethnic Chechen and U.S. citizen, of his Miranda rights, it remains to be seen whether anything he told investigators before Bowler arrived can be admitted as evidence against him — or whether such interrogations would even be needed to convict him, given the amount of other evidence referenced in the criminal complaint signed by FBI Special Agent Daniel Genck.
If true, the information could have resounding implications.


http://www.theblaze.com/stories/2013/04/25/megyn-kelly-surprise-revelation-fbi-was-shocked-to-see-judge-waltz-in-and-give-suspect-miranda-rights/

The FBI had no idea they were sending over the judge, the prosecutor, the
federal public defender; and the FBI said they were only 16 hours into what they
understood would be a 48 hour period of questioning … . They said they were in
the process of getting valuable information … and as soon as that magistrate
judge went in there and gave him his rights with his lawyer present, he stopped
talking. They said they would never have stopped interrogating him prior to the
48 hours unless they were forced to.

So Basically the FBI is saying that they knew they were going to prosecute and yet wanted another 30 hours to get information without the individual having the knowledge of thier intentions. I think the Judge did the right thing. Dont get me wrong they should fry the guy slowly in a grease pit turned up just warm enough to slow burn. but follow the laws when doing it. i hate law enforcement entities that use thier positions as leverage. they dont need that, They have all the power and soon will have all the guns. They need to do it the right way.

you are absolutely right citex.but i think that in the end justice will prevail! sounds a lot like this judge was dong a bit of posing.

The administration seems really schizophrenic on this. On the one hand they want to treat him like an "ordinary" criminal and try him in civilian court. On the other hand, they want to be able to question him like he is an "enemy combattant" in a GITMO style environment first. Seems to me you can't have it both ways. I'm not sure what their fascination with trying him in civilian court like an "ordinary" criminal is, but if you are going to do it that way, then you have to Mirandize him.

I'm afraid their attempt to have it both ways is going to result in a mistrial. None of what he said before being Mirandized will be admissible in court, of course, including his admission of guilt. Their should still be plenty enough evidence to convict even without that. However in order to get the info they want now, they will have to plea bargan with him - offer a lighter sentence for example than death for the information that they want. Then there is the inconvenient fact that he is a Naturalized US Citizen. I didn't think you could question a citizen like that without first reading them their rights. There could be all sorts of legal snarls in this and who knows? With a good lawyer he might even get off. And I am sure that CAIR will see to it that he has the finest lawyer money can buy.

This is what happens when you try to get around those "inconvenient" laws that protect US citizens. We can all feel that in this case, an exception should be made. But if we make an exception in this case, we can also make an exception when it is you or I that is facing charges, substantiated or not. The law should not be a "living, breathing document" that we change at will to mean what we want it to mean at the time. If that is the case, then it really is no protection at all.

you are absolutely right citex.but i think that in the end justice will prevail!
sounds a lot like this judge was dong a bit of posing.

Sounds that way to me too, get it done with a Camera in the room so folks know how important I am....

This is what happens when you try to get around those "inconvenient" laws that
protect US citizens. We can all feel that in this case, an exception should be
made. But if we make an exception in this case, we can also make an exception
when it is you or I that is facing charges, substantiated or not. The law
should not be a "living, breathing document" that we change at will to mean what
we want it to mean at the time. If that is the case, then it really is no
protection at all.

This is exactly the Issue! Very well put!