The Volokh Conspiracy - Obama DoJ Seeks to Narrow Defendants' Rights:

The Associated Press has an interesting story on the Justice Department's effort to limit or overturn Michigan v. Jackson, which limits the ability of the police to initiate questioning of criminal defendants.

The Obama administration is asking the Supreme Court to overrule long-standing law that stops police from initiating questions unless a defendant's lawyer is present, another stark example of the White House seeking to limit rather than expand rights. . . .

The Justice Department, in a brief signed by Solicitor General Elena Kagan, said the 1986 decision "serves no real purpose" and offers only "meager benefits." The government said defendants who don't wish to talk to police don't have to and that officers must respect that decision. But it said there is no reason a defendant who wants to should not be able to respond to officers' questions.

At the same time, the administration acknowledges that the decision "only occasionally prevents federal prosecutors from obtaining appropriate convictions."

The administration's legal move is a reminder that Obama, who has moved from campaigning to governing, now speaks for federal prosecutors.

	[Jonathan Adler, April 25, 2009 at 10:11am] Trackbacks Obama DoJ Seeks to Narrow Defendants' Rights: The Associated Press has an interesting story on the Justice Department's effort to limit or overturn Michigan v. Jackson, which limits the ability of the police to initiate questioning of criminal defendants. The Obama administration is asking the Supreme Court to overrule long-standing law that stops police from initiating questions unless a defendant's lawyer is present, another stark example of the White House seeking to limit rather than expand rights. . . . The Justice Department, in a brief signed by Solicitor General Elena Kagan, said the 1986 decision "serves no real purpose" and offers only "meager benefits." The government said defendants who don't wish to talk to police don't have to and that officers must respect that decision. But it said there is no reason a defendant who wants to should not be able to respond to officers' questions. At the same time, the administration acknowledges that the decision "only occasionally prevents federal prosecutors from obtaining appropriate convictions." The administration's legal move is a reminder that Obama, who has moved from campaigning to governing, now speaks for federal prosecutors. More from SCOTUSBlog here.