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Jennifer Van Bergen, a journalist, author and law lecturer, discusses the reasons why Guantanamo prisoners aren’t being tried in federal courts; how the Miranda warning – established by the Supreme Court to protect constitutional rights – has been eviscerated by Executive branch policy changes; why a parallel legal system for terrorism cases is not necessary; and how the “public safety” exception to Miranda provides all the flexibility needed to interrogate and prosecute terrorists.

Podcast: Play in new window | Download (Duration: 20:01 — 4.6MB)