It is quite clear to me that the Neo-Confederate jihad against Eric Holder has been effectively sown in the mainstream mind and is sprouting fruit on the left.
The right wing doesn’t like the federal government for a lot of reasons and doesn’t want them coming after their guns and enforcing civil rights. In case you forgot, they held Holder in contempt.
Now when the Boston suspect is arrested and unresponsive the government is criticized for not immediately Mirandizing him. But this manic civil libertarianism is an ignorant one. Miranda warnings are not “required” if they don’t need your statements to be used against you. That has never been the case. They don’t have to release you. Remember: if they have enough evidence to arrest you, you’re arrested. You go to court. I don’t have time to teach everyone criminal procedure here, but this whole thing is a huge nothingburger.
Worse, just like with drones, it is a clever inter-left wedge issue that the right-wing can put out there to cause all kinds of Naderite discontent with Obama.
This is like blaming someone for their tax rate. The government sets the rules. As long as you don’t cheat, you pay the taxes you pay. (In Mitt’s case, he was campaigning on giving himself a tax cut; in Obama’s he campaigned on, and did, give himself a tax hike.) But you’re breaking the law to pay less and being stupid to pay more.
Similarly, if you don’t like the constitutional foundations of criminal procedure as interpreted by this Court the thing to do is make sure better nominees make it onto the bench of all the federal courts. Turning over the Senate and the White House to the Republicans is not how that gets done.
So, yes. Clap louder. The Justice department did the right thing here. He is not going to Guantanamo even if there’s a decent case to be made that he was an enemy combatant (not necessarily a winning one, but a decent one.)