It’s one thing to back down after a loss. It’s quite another to back down after a win. So much for the case on the merits. What about the politics? Here’s the salient paragraph of Charlie Savage’s write-up, anticipating and cutting off the political argument for weakening Miranda:
Rudolph W. Giuliani, the former New York City mayor and Republican presidential candidate, said Sunday on “This Week” on ABC that he supported Mr. Holder’s proposal. However, he also suggested that enacting it would not quell conservative criticism, arguing that it would be even better to hold suspects like Mr. Shahzad as military detainees for lengthier interrogation.
Marcy Wheeler adds:
And Holder has made even more passionate defenses of Miranda in the past, notably in Congressional testimony (see some quotes from such testimony here). Nevertheless, Holder effectively uses his Sunday show debut to say, “If it ain’t broke, but fearmongers like Joe Lieberman and Lindsey Graham want to attack it nevertheless, then hell! Let’s break it!”
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