You, I think, begin to see the issues. Miss his language and next thing you know you are staring down at an order signed by Rookie Supreme Court Justice Sonia Sotomayor declaring any evidence collected as unusable at trial because your terrorist didn't know he could put a sock in it.
I do not present problems without presenting solutions. Well, I don't know what to do about the fact that the Washington Nationals are now 0-8 in extra inning games this year, but that's for another day.
Here's what I think we should do about this Miranda thing. We should arrest the bad guys, and get them a lawyer pretty much immediately. In fact, I think the U.S. Government should begin sending lawyers into combat zones with the operators so that they are ready to advise their clients at the very moment of arrest.
Then, after the lawyer has done his job by advising his client to clam up, the operator should inform the lawyer that all of those prohibitions against harsh interrogation techniques apply to the terrorist - not to the terrorist's lawyer!
Then: Tie the lawyer to a one-by-twelve with his feet about a foot higher than his head, get a big pitcher of water and hold it over his head, dribbling maybe just a few drops, and invite him to think very, very seriously about revising his advice to his client about keeping silent.
It's a war zone. Things get confused.
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