What hath 9/11 wrought? Notwithstanding the debate over Mirandizing Tsarnaev and whether he should be classified as an enemy combatant, in "Tsarnaev Without Tears: The Legal Way Forward," Andrew Cohen at The Atlantic says that Tsarnaev already has been given more rights than Jose Padilla was given 10 years ago. But he also contrasts Tsarnaev's treatment with Timothy McVeigh's:
Tsarnaev was apprehended 18 years to the day that Timothy McVeigh was arrested as he was speeding away from the Alfred P. Murrah Federal Building in Oklahoma City. Perhaps Attorney General Eric Holder will correct me if I am wrong-- he should know, he was Deputy Attorney General in 1997 when the bombing trials were held in Denver-- but there was no "public safety exception" delay in Mirandizing McVeigh or Terry Nichols. This is how far the constitutional requirement has eroded in less than a generation without a single United States Supreme Court decision to say so. I don't doubt that this Court would today sanction such a broader interpretation of the rule. But so far it hasn't.