Re: US v Peter Navarro
Posted: Mon Jun 13, 2022 6:40 pm
He was given the opportunity to file on line.. he just choses not to follow some more rules that he doesn't believe should apply to him.
Perhaps Trump's parking garage lawyer would take his case?Peter Navarro (representing self) is mulling motion to suppress his own statements based on theory that FBI agent delivered Miranda warnings to Navarro "in a casual and improvisational manner, perhaps designed to lull the defendant into complaceny."
Kendra wrote: ↑Tue Jun 14, 2022 12:23 pm https:// twitter.com/rparloff/status/1536742364387192837Perhaps Trump's parking garage lawyer would take his case?Peter Navarro (representing self) is mulling motion to suppress his own statements based on theory that FBI agent delivered Miranda warnings to Navarro "in a casual and improvisational manner, perhaps designed to lull the defendant into complaceny."![]()
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Notably, the Miranda rights need not be read in any particular order, and they need not precisely match the language of the Miranda case as long as they are adequately and fully conveyed (California v. Prysock, 453 U.S. 355 (1981)).
Monday, in a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here's what that means.
Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.
raison de arizona wrote: ↑Tue Jun 14, 2022 3:48 pm I doubt Navarro will ever be in the position of having silence used against him!![]()
https://www.usnews.com/news/politics/ar ... -to-lawyer![]()
"The Defendant bases his request for a continuance, in part, on his accusations that the Government is attempting to deprive him of counsel — for example, by allegedly denying him a call to counsel upon his arrest and filing motions in the normal course of proceeding with this case," the court papers say. “The Defendant’s claims are false.”
The Justice Department also released a copy of an FBI agent’s report on Thursday, which detailed Navarro’s arrest at Reagan National Airport and describes how agents accommodated him by giving him chocolates, allowing him time to comfort a travel companion at the airport and repeatedly adjusting his handcuffs by loosening them and giving more space between his wrists after he complained.
It said Navarro was advised of his rights and was told the agents didn’t want to interview him. He asked to make a phone call, the report said, and an agent told him they would contact his attorney if he gave them the name of the lawyer.
The report says Navarro responded, “I’m supposed to be on live television tonight. I’d like to call the producer and tell him I’m not going to be there. Can I have my phone?” The agent then told him that they would quickly make arrangements for a call with his lawyer, if he provided the attorney’s name.
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Navarro is onto a glimmer of a possible argument: that the officers' "improvisational" method ("allegedly") failed to fully inform him of his rights. It is the duty of law enforcement to adequately explain all the rights about to be waived; it doesn't matter if Navarro already knew his rights. A talismanic recitation (i.e., reading off the card) isn't necessary, but it is the better practice (to avoid arguments like this).raison de arizona wrote: ↑Tue Jun 14, 2022 2:52 pm Navarro's argument is apparently that they told him his rights without explicitly reading them from a card, which Navarro considers as possibly a violation of the fourth amendment.
IANAL, but I'm pretty sure the requirement is to advise the party of their rights, not to explicitly read them off a card. But what do I know?
Notably, the Miranda rights need not be read in any particular order, and they need not precisely match the language of the Miranda case as long as they are adequately and fully conveyed (California v. Prysock, 453 U.S. 355 (1981)).
That's always an interesting one: Anyone can freely incrimination themselves; Miranda kicks in only in response to questions (or other actions) by law enforcement (or its agents) ("reasonably") designed to elicit an incriminating response.raison de arizona wrote: ↑Tue Jun 14, 2022 4:05 pmAlso, of note, is that Navarro was told that the agents did NOT want to interview him. So anything he said was inflicted upon them as word vomit anyway.
While there may be a genuine dispute here, it sounds like Navarro may be veering into SovCit territory. I wonder if he will remark about the fringe (or lack thereof) on the courtroom flag when he's arraigned. Or he'll demand a "wet ink" signature on the arrest warrant, or something.bob wrote: ↑Tue Jun 14, 2022 5:49 pm Navarro is onto a glimmer of a possible argument: that the officers' "improvisational" method ("allegedly") failed to fully inform him of his rights. It is the duty of law enforcement to adequately explain all the rights about to be waived; it doesn't matter if Navarro already knew his rights. A talismanic recitation (i.e., reading off the card) isn't necessary, but it is the better practice (to avoid arguments like this).
And, of course, Miranda protects the Fifth Amendment, not the Fourth.
That's always an interesting one: Anyone can freely incriminate themselves; Miranda kicks in only in response to questions (or other actions) by law enforcement (or its agents) ("reasonably") designed to elicit an incriminating response.raison de arizona wrote: ↑Tue Jun 14, 2022 4:05 pm Also, of note, is that Navarro was told that the agents did NOT want to interview him. So anything he said was inflicted upon them as word vomit anyway.
Not so much sovcit: It is a typical argument from people unfamiliar with the criminal justice system. Countless defendants have argued, "the cops didn't read me my rights!", as if that was a get-out-of-jail-free card.johnpcapitalist wrote: ↑Tue Jun 14, 2022 7:13 pm While there may be a genuine dispute here, it sounds like Navarro may be veering into SovCit territory.
It's definitely getting a lot of play in the RWNJ social media circuit, they violated his rights, it's political retribution, etc.bob wrote: ↑Tue Jun 14, 2022 7:43 pmNot so much sovcit: It is a typical argument from people unfamiliar with the criminal justice system. Countless defendants have argued, "the cops didn't read me my rights!", as if that was a get-out-of-jail-free card.johnpcapitalist wrote: ↑Tue Jun 14, 2022 7:13 pm While there may be a genuine dispute here, it sounds like Navarro may be veering into SovCit territory.
Despite his education and experience, Navarro may be genuinely ignorant. Or he may be playing on others' ignorance, to pry open their wallets.