Some people are making silly (dare I say ridiculous?) comments in this thread about how I’ve suddenly become a big-government authoritarian because I don’t think that the Boston bomber should be read his Miranda rights, or necessarily questioned with a lawyer present. I think that this criticism arises largely from ignorance of the law and Constitution (along with a healthy dollop of hysteria). Orin Kerr explains the legal situation:
A lot of people assume that the police are required to read a suspect his Miranda rights upon arrest. That is, they assume that one of a person’s rights is the right to be read their rights. It often happens that way on Law & Order, but that’s not what the law actually requires. The police aren’t required to follow Miranda. Miranda is a set of rules the government can chose to follow if they want to admit a person’s statements in a criminal case in court, not a set of rules they have to follow in every case. Under Chavez v. Martinez, 538 U.S. 760 (2003), it is lawful for the police to not read a suspect his Miranda rights, interrogate him, and then obtain a statement. Chavez holds that a person’s Miranda rights are violated only if the statement is admitted in court, even if the statement is obtained in violation of Miranda. See id. at 772-73. Further, the prosecution is even allowed to admit any physical evidence discovered as a fruit of the statement obtained in violation of Miranda — only the actual statement can be excluded. See United States v. Patane, 542 U.S. 630 (2004). So, contrary to what a lot of people think, it is legal for the government to even intentionally violate Miranda so long as they don’t try to seek admission of the suspect’s statements in court.
Emphasis mine.
It’s just that simple. There is no need to get his testimony in court, because the other evidence against him is overwhelming. What there is a need to do is to find out if there are other co-conspirators, and other bombs, and other plans. And as Orin also points out, there are even ways to get the evidence into trial even under these circumstances, should it be necessary.