I didn’t miss it, but I had such a hard time getting my brain around it I haven’t said anything because it’s so absurd, yes I’m talking about Miranda warning on the battle field.
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
Just so you know the Fifth Amendment right to counsel which is a component of the Miranda Rule is to be distinguished from the Sixth Amendment right to counsel. In the context of the law of confessions the Sixth Amendment right to counsel is defined by the Massiah Doctrine [Massiah v. United States, 377 U.S. 201 (1964)] and as you know both the Fifth and Sixth Amendmant are Constitutional Right which can not and should not be extended to foreign nationals.
Now here is the loophole Miranda warnings do not need to be administered when there is an imminent threat to public safety and someone shooting at you is a imminent threat, and if you should happen to shoot them and kill them well you not only have to read them their “rights” at all nor do you have to send them to Gitmo.
Problem solved. NEXT…
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