McCain: Faisal Shahzad Should Not Have Been Mirandized

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Updated at 2:55 p.m. ET with information regarding when authorities read Shahzad his Miranda rights.

Two congressional Republicans are questioning whether federal authorities should have read alleged terrorist Faisal Shahzad his Miranda rights after he was arrested late Monday night. Sen. John McCain (R-Ariz.) said reading Shahzad his Miranda rights would be a "mistake."

Shahzad, a 30-year-old naturalized American citizen from Pakistan, was arrested as he was boarding a Dubai-bound flight at John F. Kennedy International Airport late Monday. He faces terrorism charges for parking a bomb-laden car in Times Square in New York City.

McCain, echoing comments he's made in previous national security situations, said on a radio program this morning that "obviously that would be a serious mistake [to Mirandize Shahzad]... at least until we find out as much information we have," the Hill reports.

"Don't give this guy his Miranda rights until we find out what it's all about," McCain added.

Deputy Director of the FBI John S. Pistole said today that joint terrorism task force agents and officers from the New York Police Department interviewed Shahzad last night and early this morning before reading him his Miranda rights and that he was "cooperative" and provided "valuable intelligence and evidence."

"He was Mirandized later and continued to cooperate and provide valuable information," he added.

McCain similarly complained that "underwear bomber" Umar Farouk Abdulmutallab was read his Miranda rights after attempting to detonate a bomb on board a Northwest Airlines jet on Christmas Day last year. Officials later said, however, that Abdulmutallab was only read his Miranda rights, which warn a suspect that he does not have to incriminate himself, after being interrogated.

Rep. Peter King (N.Y.), the top Republican on the House Homeland Security Committee, is also asking whether Attorney General Eric Holder discussed the treatment of Shahzad with the intelligence community before deciding to arrest him on criminal charges, Politico reports.

"If they believe they got enough from him, how much more should they get? Did they Mirandize him? I know he's an American citizen but still," King said.

King acknowledged that the case against Shahzad is different since, unlike Abdulmutallab, he is an American citizen and most of his alleged attempted efforts to detonate a bomb appear to have taken place in the United States.

"That said, before there's a rush to indict him, I think they should make an effort to figure out what is the best venue for him," King said.

King was less critical on Monday of how authorities handled Shahzad.

"I think they've done all they can," King told Politico yesterday. "Primarily right now, it's the NYPD and the FBI. I was talking to the Homeland Security department yesterday, and I have no reason to criticize them. There's nothing they should've done, there's nothing they haven't done."

And while McCain this morning said it would be a mistake to read Shahzad his Miranda rights, he also said that Shahzad would likely face the death penalty if convicted of criminal charges.

"There's probably about 350 different charges he's guilty off -- attempted acts of terror against the United States, attempted murder," McCain said, the Hill reports, while cautioning that he did not yet know the actual charges against Shahzad. "I'm sure there's a significant number to warrant the death penalty."

He added that Shahzad's arrest "gives you a little encouragement about the improvements we've made since 9/11."

[Bill Scott 122]

Why hasn't this guy been charged with treason? According to the Constitution, "Treason against the United States shall consist only in levying War against them..." and that's exactly what he did. Oh, and McCain is an idiot for saying what he did, it's a good thing HE didn't get elected President! Can you imagine having the case thrown out because he wasn't Mirandized!

[jeannineta]

The man is an American citizen arrested on American soil. If the police failed to advise him of his Miranda rights, everything he said would be inadmissible in court. Just because you don't like someone or totally despise their views, they still have the same rights guaranteed by the Constititution.

[HGOODGUY]

I think that the time has come to address John McCain once and for all.

Senator McCain your war record and imprisonment during the Viet Nam War is a matter of record and I believe that you have been given the recognition and respect that you deserve.

That being said, it is time to close that chapter and move on!!!

What I mean is that none wants to see you trying to parachute into glory anymore!!!! Lots of other guys were either killed or imprisoned like yourself during that time and they are not trying to live their lives as a war hero and "Mr shoot from the hip Maverick" with all this flag waving, macho bull$hit!!!!

Senator McCain with all due respect YOUR 15 MINUTES ARE UP and it's time to trting to relive the past and face retirement in comfort which is more than I can say for the thousands of Vets out there who do not enjoy your comfortable lifestyle!!!

As they say "THE FAT LADY HAS SUNG"!!!!!

[kansas1946]

"Don't give this guy his Miranda rights until we find out what it's all about," McCain added.

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McCain, why don't you move your a$$ to Iran, or Egypt, or anywhere but here. Then you could drag you rear in the interregation room and water-board the guy, rip out his finger nails, hook up electrodes to him and maybe torture him to death. This is an American citizen and should have been mirandized immediately. I guess it is ok with you if the case gets thrown out because he wasn't mirandized.

[halfblind79]

McCain needs to go home, eat his applesauce and drink his apple juice, poop and go to bed. Just like Dick Clark! Sorry, Dick, didn't mean to offend you by comparing you to McCain!

[ugot2bekidn]

John McCain is an old man in the winter of his life. It is a shame he may be most remembered for this political season's pandering to the right-wing of the Republican Party. His stance on immigration has turned 180 degrees and now his weighing in on Miranda/due process versus rendition simply makes him look like a political *****. Too bad.

[pr_boxer]

Just think, some people voted for McCain to be President, like him or not, I'll bet Obama knows this guy is an American citizen therefore he's entitled to due process.

[Palin_for_Presidentess]

Uh, John... he's a citizen. Ding, ding, ding. Wakey wakey...

[toldyouso21]

This is ridiculous. Because each man is an American citizen--EVERYTHING/ANYTHING gotten from this man BEFORE he was read his rights is NOT ADMISSIBLE in court--unless we plan on changing the Constitution and decades of US law for this one person--AFTER THE FACT (which is also a violation of the Constitution)

The people in WAshington (esp people like McCain) need to stop acting like they do not understand the Constitution or law or the ramifications of breaking that to send their end goals.

[toldyouso21]

COMING SOON: The profiling of any potential Muslims (from Africa, the Middle East or Asia) and add to that all persons from Pakistan, India, etc.

Profile them for being terrorists? Profile Hispanics AND them for being illegal?

where does it stop? Or does it stop?