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Kendall Coffey

Kendall Coffey on the legal rights of suspects Part 2

Kendall Coffey on Spinning the Law with Steve Malzberg to discuss the legal rights of suspects Part 2

See Part 1 here: http://kendallcoffeyinterviews.com/kendall-coffey-legal-rights-suspects-part-1

STEVE MALZBERG: My question to you is, and I don’t know if you know this or not, and you may not, but is it common for people who would have their visas revoked for national security violations or purposes to be deported as opposed to prosecuted?

KENDALL COFFEY:  Well, it is used as a tool, and the reason is, sometimes they simply can’t make a criminal case, where you’ve gotta prove you have evidence, you’ve gotta prove beyond exclusion of a reasonable doubt and, you know, to have a prosecutable case in front of a jury, that doesn’t mean you’ve gotta keep somebody in this country if there are national security issues and frankly, that’s within our prerogative.

We have a whole lot to say about foreign citizens who come here and don’t come here and whether they should stay or not.  So it is a tool that has been used.  There have even been cases where individuals were prosecuted, were acquitted, but then were sent out of the country anyway because, you know, you don’t have to prove a crime beyond reasonable doubt to deport somebody.

STEVE MALZBERG:  Right.  I knew you would have the answer to this.  (laughs)  But I wanted to make sure in ase you didn’t that I didn’t throw you a curve.  And also, you know, if it turned out that Steve Emerson swears that the Chair of Homeland Security Committee has that document in his hands right now and will release it, if it turns out that this man who was questioned in this marathon bombing was to be deported or gets deported before they have a suspect in custody in the bombing even though he may not have anything to do with it, that’s gonna look and smell pretty bad.

KENDALL COFFEY:  Well, it looks clumsy.  And, but I guess their explanation would be, Look.  This is somebody that we thought was a national security risk.  We wanted him out of the country but we’re gonna question him at least because when you’ve got something that looks like a terrorist act, why wouldn’t you question as many people as you can who you think are suspected of having—I use the word “suspect”—of having ties to terrorists.

So there’s an explanation for it.  It’s clumsy, but it’s far from the clumsiest thing we’ve seen in recent times.

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