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Holder Undercut FBI by Giving Tsarnaev Miranda Rights

By |2013-04-26T10:25:52-04:00April 26th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 26, 2013 on Breitbart.com.

Updating our earlier report:

Details are emerging that when U.S. Magistrate Judge Marianne Bowler read Dzhokhar Tsarnaev his Miranda rights, she went to his hospital room accompanied by a federal public defender (meaning taxpayer-funded) and an assistant U.S. attorney from the Massachusetts prosecutor’s office.

Reports say the FBI was only partway through questioning Tsarnaev to get intelligence to determine who else was involved in the plot and how broad it was. The FBI told federal lawmakers in classified briefings this week they were “stunned” […]

Academic Cesspools

By |2013-04-25T06:29:56-04:00April 25th, 2013|

This column by ACRU Policy Board Member and Professor of Economics Dr. Walter E. Williams was published April 24, 2013 on Townhall.com.

Over the past 10 years, I have written columns variously titled “Academic Cesspools,” “Academic Dishonesty,” “The Shame of Higher Education,” “Academic Rot” and “Indoctrination of Our Youth.” Therefore, I was not surprised by David Feith’s April 5th Wall Street Journal article, “The Golf Shot Heard Round the Academic World.” In it, Feith tells of a golf course conversation between Barry Mills, the president of Bowdoin College, in Brunswick, Maine, and philanthropist Thomas Klingenstein. Klingenstein voiced disapproval of campus celebration of […]

Tsarnaev the Fraud

By |2013-04-24T07:28:16-04:00April 24th, 2013|

This column by ACRU Senior Legal Analyst Jan LaRue was published April 23, 2013 on the American Thinker website.

Dzhokhar Tsarnaev should be tried by a military commission at Guantanamo Bay rather than in U.S. federal court on charges related to the Boston Marathon bombing. Naturalized American citizenship obtained by fraud is revocable.

There is Supreme Court precedent for revoking naturalized citizenship based on swearing a false oath of allegiance. See Knauer v. United States (1946); Perez v. Brownell (“Of course, naturalization unlawfully procured can be set aside.”); and Fedorenko v. United States.

Moreover, during WWII, a German soldier who […]

Earth Day Religion

By |2013-04-22T10:19:13-04:00April 22nd, 2013|

This column by ACRU Senior Fellow Robert Knight was published April 22, 2013 on The Washington Times website.

Just as the word “liberal” has given way to the less-tarnished “progressive,” it’s hard to find “global warming” in environmental groups’ materials celebrating April 22 as Earth Day.

The operative phrase is “climate change,” and it’s a reality if you’re in Colorado’s Rocky Mountains, where the overheated Earth last week deposited three feet of new snow. Talk about a sudden change in climate just when Coloradans were getting their flippers out and putting the snowboards in storage.

Like the global-warming crowd’s movement […]

Updated: Label Tsarnaev Enemy Combatant for Now, Can Give Bill of Rights Later

By |2013-04-21T23:55:29-04:00April 21st, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 21, 2013 on Breitbart.com.

This is an update to an earlier story, presenting the analysis of why the Constitution probably entitles Dzhokhar Tsarnaev to the full range of protections in the Bill of Rights that he would receive as a civilian in federal district court.

As indicated at the time, such a civilian designation should be contingent on Tsarnaev not being an operative or agent of a foreign military or foreign terrorist organization. We know that the older brother, Tamerlan Tsarnaev, traveled to Russia for six months last year. […]

For Now, Public-Safety Exception Precludes Bomber's Miranda Rights

By |2013-04-21T23:44:16-04:00April 21st, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 20, 2013 on Breitbart.com.

As a newly-minted U.S. citizen captured on U.S. soil, Boston terrorist suspect Dzokhar Tsarnaev will get the full range of constitutional protections from the Bill of Rights, as we explained yesterday, except one: Tsarnaev wasn’t read his Miranda rights.

In 1966, the heyday of the liberal Warren Court years, the Supreme Court held in Miranda v. Arizona that the Fifth Amendment right against self-incrimination requires police to inform anyone they’re taking into custody that (1) they have the right to remain silent, (2) anything they […]

What's Next: Civilian Criminal Trial for Marathon Bombing Suspect

By |2013-04-21T23:27:09-04:00April 21st, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 19, 2013 on Breitbart.com.

The Obama administration has placed Boston terrorist suspect Dzokhar Tsarnaev in federal custody with plans to give him a civilian criminal trial in U.S. District Court in Massachusetts. That’s what the Constitution requires, though some will undoubtedly question that decision.

According to reports, Tsarnaev became a U.S. citizen in Sept. 2012. He was captured on U.S. soil by federal law enforcement officers (not military). This was not a battlefield setting, and at this point it appears Tsarnaev was not working for a foreign government or […]

Boston Terrorists Not Right-Wing Americans

By |2013-04-21T22:59:21-04:00April 21st, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 19, 2013 on Breitbart.com.

We now know the Boston Marathon terrorists were Muslims with roots in Chechnya, the Russian province in an ongoing conflict with Moscow, with a large Muslim population and a history of violent conflict with the Kremlin in a long struggle for independence. They were likely not right-wing Americans, as some on the left had predicted and hoped.

We do not yet know whether they are part of a larger cell or whether these attacks were directed from abroad versus being exclusively the idea of these […]

President Obama's Predictable Budget: More Spending, More Tax Increases

By |2013-04-19T11:34:58-04:00April 19th, 2013|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published April 19, 2013 on Forbes.com.

President Obama tells us in the Overview to his Fiscal Year 2014 Budget just released last week that his budget proposes, “more than $2 in spending cuts for every $1 of new revenue from closing tax loopholes and reducing tax benefits for the wealthiest.”

But President Obama’s budget does not propose any spending cuts at all on net, not even reductions from expected increases in spending. Instead, his budget proposes to add $160 billion in increased spending […]

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