Leahy: Miranda Changes Limited by Supreme Court
By Stephanie Woodrow | May 17, 2022 10:13 am

During an appearance on ABC’s “This Week on Sunday, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) suggested the Obama administration won’t get very far with its proposal to expand the amount of time a terrorist suspect can be interrogated without being read a Miranda warning, The Huffington Post reported.

Last Sunday, Attorney General Eric Holder said the DOJ is considering asking Congress to allow the government more flexibility in using the “public safety exception” — which allows law enforcement officials to question suspects before informing them of their so-called Miranda rights, which include the right not to talk to police. But Leahy said lawmakers are limited in their ability to change Miranda since the Supreme Court has ruled Miranda warnings to be a constitutional right.

“I sat down and talked with the president about this. The question is not so much whether I’m concerned about the civil rights one way or another, it is what a court will agree to. After all, it was the Supreme Court that set down the rules of Miranda. Whatever changes might be made, have to made within the confines of what the United States Supreme Court has already said,” Leahy said. “I think the president and Eric Holder understand that.”

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