Faisal Shahzad Was Read Miranda Rights After Initial Questioning

CBS/ Facebook

Updated at 6:20 p.m. ET

Alleged terrorist Faisal Shahzad was initially questioned by authorities under the public safety exception to the Miranda rule, Deputy Director of the FBI John S. Pistole said today at a press conference. Shahzad, who faces terrorism charges for a failed attempt to blow up a car in Times Square, was later read his Miranda rights and continued to cooperate with authorities after that, Pistole said.

Shahzad was arrested late Monday night as he was boarding a Dubai-bound flight at John F. Kennedy International Airport on charges that he parked a bomb-laden car in Times Square in New York City.

Sen. John McCain (R-Ariz.) said this morning it would be a "mistake" to read the 30-year-old naturalized American citizen his Miranda rights, which inform a suspect of their right to avoid self-incrimination.

"Don't give this guy his Miranda rights until we find out what it's all about," McCain said on a radio show this morning.

Pistole said 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.

CBS Radio News Legal Analyst Andrew Cohen says that in this sort of case, a Miranda warning will "protect the prosecutors at trial when they use the suspect's own words against him."

"It's his answers to the second questioning we'd be most likely to hear about at trial," Cohen said. "The fact the defendant continued to talk after the warning tells you that it didn't warn him off too strongly."

Rep. Peter King (N.Y.), the top Republican on the House Homeland Security Committee, also said today it was debatable whether Shahzad should have been read his Miranda rights or even arrested on criminal charges to begin with.

Republicans similarly criticized the Obama administration for reading Miranda rights to "underwear bomber" Umar Farouk Abdulmutallab, who was charged for attempting to blow up an airplane on Christmas Day last year. Abdulmutallab, who is not an American citizen, was also read his Miranda rights after he had been interrogated.

[tsigili]

Just send him to Guantanamo, and lose him there, forever.

[pr_boxer]

My God McCain, I thought you graduated from one of America's finest schools. In case you missed it this guy is an American and as such is innocent until proven guilty. I really thought US Senators knew that, sheeesh!

[AlbaPictins]

The critical words "naturalized American citizen" make it impossible NOT to follow correct legal procedure. If not done correctly, he could be released! John McCain has lost whatever acumen he once had in his effort to court the right-wingnuts.

[JRC_903]

Johnny McCain being a U.S Senator, and of obvious "above average" intelligence, i.e VP selection? must surely know that miranda warning or not, a person's right against self incrimination begins very the same the microsecond the magic words are spoken--"you are under arrest."
And even if they are not spoken--- the sudden sensation of stainless steel around the wrists is court tested proof that the FBI does not want you to leave-- and that if you want to keep quiet you may. The only question now is how long it will take his defense people to file a writ to quash the pre-miradized words. Given the scope of the other evidence that will not amount to much I am sure.

[pr_boxer]

Right on thebob-bob, you understand unfortunately the good Senator doesn't.

[thebob-bob]

""Don't give this guy his Miranda rights until we find out what it's all about," McCain said on a radio show this morning."

Sorry Senator, fortunately the Constitutional Rights of an American citizen doesn't depend on the whim of a cranky old guy from Arizona. Maybe in your world police can stop anyone for any reason, detain them without reading them their rights or charging them with a crime, or even subject them to 'enhanced interrogation' but, thankfully we are a nation of laws. You should know since you swore to uphold them.

What is wrong with these right wing nutcases?!??!

[animaltoo]

Hang the creep high and then nail his carcass to a wall.