If the New York Times is correct, it looks like Akayed Ullah, the Bangladeshi jihadist whose bomb detonated prematurely at the Port Authority Bus Terminal near Times Square during the morning rush hour, is going to be charged with terrorism crimes in civilian federal court. He’ll be prosecuted by my former office, the U.S. attorney’s office for the Southern District of New York in lower Manhattan. The SDNY will be working the Joint Terrorism Task Force (mainly the FBI and the NYPD), just as these law-enforcement agencies are working together in the case of Saifullo Saipov, the West Side Highway jihadist who killed eight people and wounded a dozen others by ramming his rental truck into them a few weeks back.
Ultimately, this may be the right way to handle the case. But I do not understand the rush to bring Ullah into federal court.
Having been wounded by his improvised explosive device (likened to a pipe bomb, perhaps hidden in a vest), Ullah was taken into custody immediately after attempting the attack, a failed bombing in which a few people (other than Ullah) appear to have suffered minor injuries but, fortunately, no one was killed. He was no doubt grabbed by police from the NYPD and the Port Authority, with the feds coming in after the fact. Ullah apparently talked right after the attack, but it is not known (at least by me) whether he was read Miranda warnings. (I am betting he was not, since the “exigent circumstances” exception to Miranda would have permitted police to ask him whether there were any other explosives, and other questions along those lines, without advising him of his rights.)
Nevertheless, if he is going to be processed as a civilian defendant, police must have read him his rights in fairly short order — including his right not to speak to the police and to have an attorney present (i.e., to tell him not to say anything), on taxpayers’ dime, during any questioning. He will be presented in court, within a day or so, before a magistrate-judge on a complaint outlining the charges and probable cause supporting his arrest. He will be assigned counsel, and the court will advise him that he need not speak to government agents and probably should not say anything more if he has spoken to them already.
This is a foolish way to proceed.