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Sunday, April 26, 2009

Obama legal team wants to limit defendants' rights:
The Obama administration is asking the Supreme Court to overrule a 23 year-old decision that stopped police from initiating questions unless a defendant's lawyer is present, the latest stance that has disappointed civil rights and civil liberties groups.

While President Barack Obama has reversed many policies of his Republican predecessor, George W. Bush, the defendants' rights case is another stark example of the White House seeking to limit rather than expand rights.

Since taking office, Obama has drawn criticism for backing the continued imprisonment of enemy combatants in Afghanistan without trial, invoking the "state secrets" privilege to avoid releasing information in lawsuits and limiting the rights of prisoners to test genetic evidence used to convict them.

The case at issue is Michigan v. Jackson, in which the Supreme Court said in 1986 that police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present. The decision applies even to defendants who agree to talk to the authorities without their lawyers.

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