Wonder if Jeffrey Toobin will be surprised if Tsarnaev not arraigned imminently as he suggests "must" happen.
@cynthiakouril My issue w/Toobin is he seems completely ignorant of VERY SIMILAR cases to Tsarnaev of late where presentment delayed <2 wks.
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@emptywheel You can have late presentment if it benefits df't. And for particular other events specified in Speedy Trial Act, like motions. -
@cynthiakouril That's now how govt has used it lately. Reason they've been avoiding Miranda is to allow for extensive pre-presentment interr -
@emptywheel Oh, I know that, but it's not the law and statements may not be admissable. -
@cynthiakouril I'm not talking about admissibility. I'm talking abt gaming these issues to create oversight-free interrogation. -
@emptywheel You don't need to game. Miranda does not stand for no interrogation, it stands for no evidence from fruit of poisoned tree -
@cynthiakouril BUT I'M NOT TALKING MIRANDA except insofar as it would scuttle efforts to avoid presentment. -
@emptywheel you keep using the word "presentment" , I don't think that word means what you think it means. Presentment is GJ term. -
@cynthiakouril And you keep pretending suspects get to see a magistrate and get charged. Not always. - 2 more replies
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