The Hill reports:  McCain: ‘Serious mistake’ if car bombing suspect was Mirandized

"Obviously that would be a serious mistake…at least until we find out as much information we have," McCain said during an appearance on "Imus in the Morning" when asked whether the suspect, 30-year-old Faisal Shahzad, a naturalized American citizen from Pakistan.

"Don’t give this guy his Miranda rights until we find out what it’s all about," McCain added.

This, without a doubt, ludicrous.  Regardless of anything else, Shahzad is an American citizen arrested on American soil for a crime committed within the borders of the United States.   If such a person doesn’t deserve constitutional protections, I don’t know who would.  Really, this as clear-cut as it gets.  Understanding that it is quite likely that Shahzad is guilty of the crime for which he has been arrested, do I really have to remind a US Senator that there is a presumption of innocence in the US criminal justice system?  It is foundational to our criminal justice system.  Indeed, even if one is caught in the act of committing a crime, one still has legal rights and is assumed to be innocent until the state can make its case in court.  Granted, if one was caught red-handed, then making the case shouldn’t be too difficult.

The whole point of the various rights under the Miranda umbrella (the right to remain silent or to have an attorney) is to put a check on the power of the government.  Further, we have a court process for a reason—we do not want the police to act as judge, jury and executioner (i.e., determining guilt on the spot).  If we are going to have any kind of serious discussion of “small” or" “limited” government it has to start with the coercive powers of the state. 

And, it is worth noting, the authorities do make mistakes.  Does the name Richard Jewell ring a bell?

It seems the McCain’s re-nomination fight is getting to him.

More, along with a long list of reactions, from James Joyner at OTB who also notes that Representative Peter King (R-NY) expressed sentiments along the same line as McCain.