Wednesday, April 29, 2009

Repealing the Right to an Attorney

You may recall the efforts of the Bush administration to set aside a law established in the wake of the Supreme Court's Michigan vs. Jackson decision in 1986. This ruling required police to allow a defendant to have a lawyer present for any questioning to which he is compelled by the police to submit.

The Bush Justice Department, arguing that the law was unnecessary and outdated, sought to have it repealed. The sixth amendment of the U.S. Constitution protects the right of criminal suspects to be "represented by counsel", but the administration argued that this merely means the right to have a lawyer present in a criminal trial.

The Justice Department, in a brief signed by the solicitor general, said the 1986 decision "serves no real purpose" and offers only "meager benefits".

The government said that suspects have the right to remain silent, and that officers must respect that decision. But it argued that there is no reason a defendant who wants to speak without a lawyer present should not be able to respond to officers' questions.

No wonder people thought the Bush administration was hostile toward civil rights. Any administration that would attempt to deny prisoners the right to an attorney before being questioned by the police is just one step away from bright lights and rubber truncheons. We can thank the media for their vigilance in calling this surreptitious attempt to roll back civil rights protections to our attention.

What's that you say? You never heard of this case? You don't recall the media outrage over the fascist Bush administration's attempt to turn the U.S. into a police state?

Well, perhaps that's because the case is in fact just now moving through the courts, and the administration that is pushing it is not the Bush bunch but the Obama brigades, and that's doubtless why you haven't heard anything about it from the media. People who would be outraged if Bush had tried something like this, people who would be conjuring up images of jackboots and swastikas if a Republican president sought to overturn Michigan, are perfectly content to let Obama do it.

Is it any wonder that Americans' respect for Big Media is flagging? Is it any wonder that a lot of people are very worried about which of our rights the Obama Justice Department will try to repeal next?

Thanks to Hot Air for the link.

RLC