> the Obama administration Justice department created the Miranda exception
On the contrary, they did not "create" it. They did, however, "invoke" it.
Things start to get murkier in 2002, after the FBI bobbled the interrogation of Zacarias Moussaoui, the 20th 9/11 hijacker—the one who didn’t get on the plane—former FBI special agent Coleen Rowley wrote a memo pleading that "if prevention rather than prosecution is to be our new main goal, (an objective I totally agree with), we need more guidance on when we can apply the Quarles 'public safety' exception to Miranda's 5th Amendment requirements."
That would be the Justice department "creating" the use of the exception as a result of a screwup. Clearly they expected to screw up again, and wanted an out.
Then the Christmas Day bomber, Umar Farouk Abdulmutallab, was apprehended in December 2009, before he could blow up a plane bound for Detroit. The FBI invoked the public safety exception...
So they used the out. Once government gives itself a right, either party is loath to relinquish it.
On the contrary, they did not "create" it. They did, however, "invoke" it.
Things start to get murkier in 2002, after the FBI bobbled the interrogation of Zacarias Moussaoui, the 20th 9/11 hijacker—the one who didn’t get on the plane—former FBI special agent Coleen Rowley wrote a memo pleading that "if prevention rather than prosecution is to be our new main goal, (an objective I totally agree with), we need more guidance on when we can apply the Quarles 'public safety' exception to Miranda's 5th Amendment requirements."
That would be the Justice department "creating" the use of the exception as a result of a screwup. Clearly they expected to screw up again, and wanted an out.
Then the Christmas Day bomber, Umar Farouk Abdulmutallab, was apprehended in December 2009, before he could blow up a plane bound for Detroit. The FBI invoked the public safety exception...
So they used the out. Once government gives itself a right, either party is loath to relinquish it.