Obama DOJ Seeks to Restrict Defendant's Right to Lawyer During Questioning

[flyarm]

http://www.talkleft.com/story/2009/4/23/221528/555
Obama DOJ Seeks to Restrict Defendant's Right to Lawyer During Questioning
By Jeralyn, Section Crime Policy
Posted on Thu Apr 23, 2009 at 09:15:28 PM EST

More true colors?

The Justice Department is asking the Supreme Court to overrule Michigan v. Jackson, the 1986 Supreme Court decision that held that if police may not interrogate a defendant after the right to counsel has attached, if the defendant has a lawyer or has requested a lawyer.

he protection offered by the court in Stevens' 1986 opinion is especially important for vulnerable defendants, including the mentally and developmentally disabled, addicts, juveniles and the poor,

This isn't the first time the Justice Department, under President Obama, has sought to limit defendants' rights.


Since taking office, Obama has drawn criticism for backing the continued imprisonment of enemy combatants in Afghanistan without trial, invoking the "state secrets" privilege to avoid releasing information in lawsuits and limiting the rights of prisoners to test genetic evidence used to convict them.

The idea of overruling the decision originated with Justice Alito during oral arguments in the case of Jesse Montejo, a Louisiana death row inmate. Even some prominent former prosecutors and judges are not on board with changing the rule:

[stillcool]

1. that's fucked up...

Odd that Obama authored the law requiring cameras in all interrogation rooms, and was a civil rights attorney. Is this an argument limited to this particular case?

[natrat]

2. just getting ready for mass civil unrest and 50% unemployment, that's change you can believe in

[TahitiNut]

3. 94 days and counting. The Cheney/Bush cabal had EIGHT YEARS to load DOJ and the Judiciary ...

... with fascists and corporatists. Furthermore, they had EIGHT YEARS even before that in which to prepare -- and with right-wing millionaires funding the 'government in exile.' The DOJ is loaded at least 5 deep with Federalist Society members and their ilk. It'll take time to change the crew and turn that ship around. The GOPhers in the Senate will be dragging their oars (hoars? whores?) every second and blocking every change they can.

Hell, Holder doesn't even have his first tier filled out yet.

[BigBearJohn]

4. WTF?