Bill Requires Consultation Before Giving Terrorists Miranda Rights

Washington, D.C. – House Judiciary Committee Chairman Lamar Smith today introduced legislation to require the Attorney General to consult with U.S. intelligence officials before giving foreign terrorists Miranda rights.  Chairman Smith was joined by eight members in introducing the Ensuring the Collection of Critical Intelligence Act of 2011 (H.R. 1153), which requires the Justice Department to consult with the Director of National Intelligence, Director of the National Counterterrorism Center, Secretary of Homeland Security and Secretary of Defense before Mirandizing or charging a foreign terrorist as a criminal. Senate Homeland Security Committee Chairman Joe Lieberman and Ranking Member Susan Collins introduced a companion bill in the Senate.

Chairman Smith: “The President’s policy of treating terrorists like common criminals has failed. Giving terrorists the same rights as American citizens ignores the seriousness of the threat from al Qaeda and other foreign terrorist groups.  These are acts of war, not isolated incidents of crime. Foreign terrorists should be treated like enemy combatants and interrogated by intelligence experts to obtain crucial information about future attacks. Anything less risks the safety and security of the American people.”

The bill responds to the Administration’s handling of Nigerian terrorist Umar Farouk Abdulmutallab immediately following his attempt to blow up a plane en route to Detroit on Christmas Day 2009. Upon being taken into custody, Abdulmutallab provided critical intelligence information to investigators including admitting he was an al Qaeda operative who had received explosives training from al Qaeda. He claimed to be one of many terrorists training with al Qaeda to kill Americans. 

But rather than continue to interrogate Abdulmutallab to gain more information about other possible terrorist plots, he was given Miranda rights and treated like a common criminal. He stopped cooperating with law enforcement officials, risking the loss of valuable information. 

This bill ensures that the Justice Department must first consult with leading intelligence officials before Mirandizing a foreign terrorist and shutting down a possible national security investigation.   

The following members joined Chairman Smith as co-sponsors of H.R. 1153: Armed Services Committee Chairman Buck McKeon, Crime Subcommittee Chairman Jim Sensenbrenner, Representatives Dan Lungren, Elton Gallegly, Louie Gohmert, Trey Gowdy, Tim Griffin, and Dennis Ross.