Holder started talking about a bill to broadly expand the exception to Miranda a few months later. Nothing came of that idea, but in October of 2010, Holder’s Justice Department took it upon itself to widen the exception to Miranda beyond the Supreme Court’s 1984 ruling. “Agents should ask any and all questions that are reasonably prompted by an immediate concern for the safety of the public or the arresting agents,” stated a DoJ memo to the FBI that wasn’t disclosed at the time. Again, fine and good. But the memo continues, “there may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government's interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.”
I'm not sure how I feel about this, honestly. I understand the need to get information that could be of immediate importance, yet at what point where there be oversight that prevents the usage of these exceptions from expanding too far? When do we decide to completely suspend the rights of the accused in order to continue to press for information?
It's hard for me to try to argue to preserve the rights of terrorists, but government widening the already large hole in Miranda rights is kind of frightening to me.