I'm shocked by both McCain's and Lieberman's suggestions. (Lieberman is saying that he should get his citizenship stripped from him. Um, maybe we could have a trial first?!)

Honestly, this is not complicated.

[bleat] But, but but... The Constitution says that all men are created equal! That means everyone's entitled to the protections of our system of government when they interact with us. To do otherwise would lower us to the level of our enemies, giving them a victory.[/bleat]

I recommend reading Orin Kerr on the subject of Miranda. The short: People don't have a right to have Miranda read to them; they didn't need to read them here. Law enforcement probably played this correctly by not reading him his Miranda rights, but once they realized he was a talker, reading them.

On the other hand, anybody who would have apprehended Shahzad and given him the option not to answer questions should not be in law enforcement. Given the information that had been gathered prior to apprehension, there was reasonable suspicion that other coordinated attacks were possible, and not to ask about this possibility would have been crazy.

As to the larger issue, the SCOTUS has already ruled that citizens can be detained indefinitely as enemy combatants. So, holding citizens shown to be giving aid and comfort to those Congress has authorized the use of military force is an option under our system. My view is that option should be very rarely used.

We've been extraordinarily fortunate with our enemies. A remarkable number of bunglers that seem happy to spill their guts. That shouldn't set the agenda for how we treat traitors caught in acts of war against us.

Before we dismiss what McCain and Leiberman are saying, I suggest we consider what will happen when we catch a citizen working directly with AQ that immediately lawyers up. I suggest the case of the Blind Sheik after the first tradecenter bombing is a better template for questioning our approach.

If we get hold of a savvy terrorist with actionable intelligence that uses our legal system to preach propaganda (and potentially leak classified materials through a lawyer, as DID happen in that case), and perhaps even continue organizing operations from a cell the may Mafia leaders have been able to, how will we look on these decisions we are making? Its really only a matter of blind luck that we have the dolts we have instead of somebody that could really turn this against us.

As a footnote, let me add that the U.S. already has legal provisions for stripping citizenship from those who join with the enemy. It's a civil (non-criminal) proceeding that we used to strip German-Americans of their citizenship after they returned to Germany to take up arms during World War II.

I don't see why this is such a big deal; it's a lesser hardship than criminal punishment. And frankly when you get to the goofball element of al-Qaeda's supporters, I'd just assume toss them out of the country than let them take up residence in our jails.

I'm not sure that being treated under our criminal justice system is any great shakes, unless Miranda is the only right we have left.

I'm sure the "Hutaree White Christian Militia" got mirandized when the Justice Department rescued all of us from their huge terror plot a few weeks ago. Now the judge is going to set them free, pending a trial that might not even happen unless the government can get its case together.

While appealing the release, prosecutors released this tape of four guys driving around in a van (one of them an undercover agent) and saying things like "We need to go to war against the evil, greedy New World Order", which is apparently incriminating.

McCain becomes more confused and compromised by the day. I don't think he any longer knows what he believes. In any case, the spectacle he has made of himself is not much fun to watch.

PD Shaw -

That procedure might be difficult to implement if the defendant resists it. Notice the clause "with the intention of relinquishing United States nationality".

That was actually an amendment added after WWII, to protect Americans who had served as officers and NCOs in allied armies prior to US entry into the war.

PD,

I'm aware that citizenship can be stripped. However, the burden of proof still lies with the stripper, rather than the stripee.

As it were.

Which is as it should be: citizenship is not a suicide pact, but it should not lightly be taken away by itinerant politicians looking tough for the camera.