The Obama administration will ask the Supreme Court to reconsider a 1986 ruling that police officers cannot question a defendant with representation unless the lawyer is present. In a court brief, the solicitor general said that the decision in Michigan v. Jackson should be overturned because it “serves no real purpose” and defendants should speak to police if they so choose. The judges supporting the ruling say it is especially aimed at poor or developmentally disabled defendants who could be tricked into giving incriminating information to prosecutors without a lawyer present. In the aftermath of the administration’s invocation of the “state secrets” privilege, and support for the imprisonment of enemy combatants in Afghanistan, this position has further alienated civil liberties groups. (AP)In what would be the first release of Guantanamo detainees within the U.S., the Obama administration hopes to release seven Chinese Muslims who have been held for seven years without charges. The Uighurs are no longer classified as “enemy combatants,” but U.S. officials have opposed releasing them to China, where some fear they would be mistreated. There are 17 total Uighurs currently held at Gitmo, but other countries have been resistant to welcoming the former suspected terrorists upon their release. A U.S. official told the LA Times that the release of some of the Uighurs within the U.S. could make those countries reconsider. President Obama has pledged to release all 250 Gitmo prisoners within the year. (LA Times)
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=143471