daniel miranda. and miles miranda keeps missing. and if he does throw, something in the corner to make it chase out of the zone. i don't think they mind putting him on first and just setting up the double play with williamson on deck. >> here comes the intentional pass. back to david gutierrez who did get the only batter he faced in the 8th. and giving up a run on two hits before closing out the demon deacons in the miami 7-4 victory. with gutierrez struggling tonight and the hurricanes will have to sort things out whether mechanical or physical like a prize fight. two acc foes going into the later round. we've secretly replaced this man's old car insurance with esurance. let's see what happens when he reads his statement. ♪ oh, yeah! uh-huh! all right! eee-eee-eee-oh-ee! apparently, saving money agrees with him. yahoo! [ imitating guitar ] wahoo! the switch & save(sm) discount. only from esurance. people seem to like it. call or click today. campus. hurricanes trying to take this one and grasping and hanging on and fighting their w

the impact of not getting the miranda warning as is widely misunderstood. the warnings are not given all that it means is that the statements made by the subject of interrogation can't be admitted into evidence against him in an article 3 court. but when you dealt with somebody like the christmas day donner you didn't really need admissions or confession the evidence was overwhelming and when we talk about the subtleties of interrogations i find it hard to accept that the assistance of establishing reports bond by the interrogator with the subject would be sufficiently enhanced to pour into giving the mayor mandel warnings as a disc richard for making statements that by the time you get through singing you have the right to remain silent anything you say -- there are five of them and you get this waivers. but that is a big discouraging factor. so it would be my hope that the warnings would not be given. the most important thing in dealing with a terrorist is to get information to prevent future not contacting the individual. if you had to make, in my view,

here about using article trained courts for fear of giving a miranda warning to a person.t was the policy and the bush administration when it came to miranda warnings were suspected terrorists arrested in the united states? >> it was fundamentally different from the policies we now have in place and one thing i think people left understand is giving a miranda warning is not necessarily mean the flow of information stops. in fact i think a good case can be made that once people get miranda warnings the information flow continues or if it stops temporarily, once a lawyer is introduced, a defense lawyer is introduced into the mix, that lawyer then counseled his client especially in terrorism cases and given the lengthy sentences somebody faces in an article iii proceedings that lawyer works to convince the client to cooperate with the government. so miranda warnings are not necessarily ones that have a negative impact on our ability to gain intelligence. >> let's go back to a well-known case that has resulted in all of us taking our shoes off in airports, richard reid, the un

the fbi agents gave miranda warnings.they had the presence of mind to understand that in that initial interactions he did not have to give the miranda warnings. >> i do not know if it goes to 50 minutes. it is not like saying, do you have a gun? the you have a bomb? after a while, that is an end. >> as a former judge, given my experience, i would think that the government has acted appropriately here. this status would be admissible. >> a defense lawyer would make the point, i am sure. >> i am sure. they would lose. >> this is really significant. let me say about how we got to this point. senator durbin is so eloquent. that is before a military commissions have been established. it found a properly backing. it took some time for it to all be written. they would be tried by military commission but do his case -- commission. his case is already proceeding. was it not? >> it had been proceeding in a halting fashion. the decision that the obama administration made was to halt those things so that the commission procedures cou

i want to pick up one of the questions which senator whitehouse asked you about miranda warnings.pact of

but even so, they did not give miranda warnings in that initial interaction with him. so i'm looking for flexibility, but with the thought that, when it comes to terrorism, the gathering of intelligence is of critical importance. >> well, i'm glad to hear that, that you're not doing it automatically. and that the gathering of intelligence is the more important factor than the conviction. >> round two, senator sessions. >> thank you, mr. chairman. it's good to see you in that chair, even though from a different side of the aisle than i'm familiar with. it is in the middle, isn't it? i think your comments about miranda are right except i would have too little cautionary -- two little cautionary comments. one is, senator graham asked you what was going to happen if somebody arrested bin laden, would they be given miranda rights. you could not give a clear answer, but that person is not likely to be able to check with you at that moment. we need a policy, number one. number two, if, according to the my ran rules, as soon as a person is taken into custody, they are supposed

the impact of not getting the miranda warning as is widely misunderstood. if there and the warnings are not given all that it means is that the statements made by the subject of interrogation can't be admitted into evidence against him in an article 3 court. but when you dealt with somebody like the christmas day donner you didn't really need admissions or confession the evidence was overwhelming and when we talk about the subtleties of interrogations i find it hard to accept that the assistance of establishing reports bond by the interrogator with the subject would be sufficiently enhanced to pour into giving the mayor mandel warnings as a disc richard for making statements that by the time you get through singing you have the right to remain silent anything you say -- there are five of them and you get this waivers. but that is a big discouraging factor. so it would be my hope that the warnings would not be given. the most important thing in dealing with a terrorist is to get information to prevent future not contacting the individual. if you had to make,

you said "we will be reading miranda rights to the court." general mcchrystal said the military's goal is to capture him alive and bring him to justice. the cia a director said he should not be cut and would be taken to a military base and interrogated. would you like to explain that comment in clarify? >> with regard to osama bin laden, who is our target one for the united states, our plan is to capture him or to kill him. our hope would be to capture him and to interrogate him to get useful intelligence from them about the structure of al qaeda, about their plans. what i said in that hearing was an assessment of the likelihood that we are going to be able to capture him alive. what i said was that with regard to that possibility, both in our attempts to capture him and from what we know about instructions he has given to the people who surround him, i think it is highly unlikely that he will be taken alive. our goal is to either capture osama bin laden or to kill him. >> last time you came before the committee, you strongly defended a decis

so for the latest on all this busy weather out there, wnbc's raphael miranda is joining us here in studio. >> we have everything, tornado, hail -- >> a potpourri. >> tons of lightning. potentially seeing a major tornado outbreak later on this morning into the early afternoon. let's take a look at the maps. we have the tornado watch boxes, including new orleans, jackson, mississippi, up towards memphis. tornado watch means there's a potential for tornadic activity into the early afternoon. memphis, tennessee getting a break right now. if we look to the south and west, a nasty line of storms moving towards the northeast, around 50 miles per hour. memphis you'll be getting slammed over the next hour or so, very fastly winds with this storm. take a look at atlanta, heavy rain moving through there as well. no severe weather in atlanta just yet. there's a potential later on this afternoon for severe outbreaks all the way to the southeast. >> thanks for keeping an eye on things. appreciate that. >>> an oregon man will receive $18.5 million from the boy scouts of america in a sexual abuse case. h

the concern with miranda warnings is only whether or not the information you get from the person mightn and there is no reason to mirandize him at all. >> gregg: joining me, criminal defense attorney tom kenneth, also a former army national guard jag officer, always good to see you. >> good to see you, gregg. >> gregg: the recorded statements of bin laden claiming credit for 9/11 and responsibility, he could always say in a court of law, i was making that stuff up. and, is it therefore naive, if not foolish, to -- for eric holder, who has been a lawyer for quite a while to make such a statement, we don't need to mirandize him in. >> in my opinion it is both, the thrust behind miranda versus arizona, where we get the miranda warnings on law and order and the cop shows is before someone is subject to u.s. civilian law enforcement is interrogated they need to be informed of their constitutional right to remain silent, avoid incrimination and have a right to counsel and a terrorist, like usama bin laden captured on the other side of the world in afghanistan, or pakistan or what have you, d

pitcher for the canes is number 37, 5'11" sophomore out of miami's gillan senior high school daniel miranda. one of the better earned run averages on the team at 2.57. a 1-1 record. great ratio of 27 strike outs to 7 walks. appearing for the first time this weekend. unfortunately for the canes he's replacing the canes closer who was unable to do just that. david gutierrez leaded off with a pit had 99 to third and a single and ryan seminick double. you could see he's still fired up. the demon deacons had their chances, mo notably with matt eric son. instead it was tied at that point. the hurricanes came back with two runs in the bottom of the agent. here come the demon deacons with two runs in the bottom of the 9th. and now the dangerous dh, mike murray. >> and so many times you talk hurricanes defense talking about the set-up man and closer. it's them that have let the hurricanes down today. and two runs in the 8th and 2-run-ins the 9th. and grendal digs it out of the dirt, the catcher.

miranda stevens is live with more on their traffic trouble. >> karen, that's right. the speed limit here along mcclain boulevard is 30 miles an hour. drivers are going way faster than that. they say that's also causing a lot of problems for one and makes it hard and dangerous to cross the street. but it also makes it hard just to park their car. they say that that's because as you can see this car up here on the left-hand side of me, this black car here, you can see that's partially parked along the sidewalk because there is that small heel, what's happening is drivers say the residents say the drivers can't see the parked cars and what's happening is they're hitting those cars and then driving away. >> in 6 years, i've seen at least 4 cars totaled on the side streets. >> there is no place to park without being afraid of people running into the cars. >> now, one resident is taking action to try to resolve this problem. we will hear from him later on tonight at 10:00. live in northeast baltimore. fox 45 news at 5:30. >> maryland's budget will be balanced nexium, but r

is that supreme court because of the miranda division nobody knows. you don't have the freedoms you used to have. that's a frustration. >> the idea that somehow the tea party is responsible -- a lot of people pe feel that way two yout cooks. i have been around that before they were infiltrated. i told my cousin not to make those calls. the point is you didn't -- we didn't mention on the show that senator from washington gets calls and threatened and fbi arrested somebody. >> you get called and threatened. i get called and threatened. >> maybe that's true. >> the last one was nasty. somebody said they would string me up. i won't get into it. you know how many people asked me to throw this football at your head. >> i understand i am the focus of rage. i can take it. >> to purposebly try to alienate a group with the majority you have healthcare being so close is because americans patriots with loud voices said not only no, hell no, we don't want the bribery corruption. >> my problem is connecting that up and give that go credit to the tea mar party movem

. >> reporter: miranda lambert's only 27 years old and sunday snagged her second win for album of the also won for top female vocal list. >> you've got to be kidding me. >> reporter: and former american idol winner carrie underwood oig made history becoming the first woman to twice win entertainer of the year. >> god bless you so much! thank you, country music! >> reporter: reba maccen tire hosted the evening that seemed less about the awards and more bts music. ♪ >> reporter: one after another after another, performers took to the stage sink building heartbreaks and soul mates. for most of the year, a majority of country musicians are either on the road or in nashville. so they say having the show here in las vegas is a real treat. >> we travel separately, we all tour separately, get to hang out as much as you like and these are place we can actually get to see each other. >> reporter: and celebrate country music in a way only country's greatest can. sandra hughes, cbs news, las vegas. >>> straight ahead, your monday morning weather. and in sports, layoff action gets off to a fast st

what they can't do is beat a confession out of you, get a confession out of you without giving you miranda rights, torture you, punish you. there is a host of things they cannot do, but trickery ain't one of them, pat brown. yes/no? >> yes. well, anthony's saying you have to be fair and not misleading. i don't know what lawyers we'd have left in our defense system if that were true. but the police can do whatever they want as far as being tricky. and they could have just pulled those bones out and not said one way or another. they could have said look, here are the bones. that's their purpose, is to see if they can get her to give up a confession. that's perfectly fine. it's legal as heck. >> with me right now, another special guest, the grandmother of both misty and tommy croslin, miss flora hollars, joining us out of nashville, tennessee. miss hollars, are you now suggesting that ronald cummings, haleigh's father, may somehow be to blame for her disappearance? >> yes, ma'am. from leaving the kids there with her. >> i'm sorry. i couldn't hear you. repeat? >> yes, ma'am. for leaving the ki

. >> miranda lambert snagged her second win for album of the year and won for top female vocalists. >ve got to be kidding me. >> reporter: and former "american idol" winner carrie underwood made history becoming the first woman to twice win entertainer of the year. >> god bless you so much. thank you country music. >> reba mcintyre hosted the evening and it seemed to be more about the awards and less about the music. one after another after another performers took to the stage singing about heart break and soul mates ♪ [ music ] for most of the year a majority of country musicians are on the road or in nashville, so they say having the show here in las vegas is a real treat. >> we travel separately. we all tour separately. don't get to hang out as much as we'd like and these are places where you can actually see each other. >> reporter: and celebrate country music in a way only country's greatest can. >> a fun night and a good morning to all of you watching 9 news now at 6:00 a.m. i'm andrea roane. howard bernstein is here with our forecast. >> a chilly one. some frost and freeze advi

it doesn't mean you have to give miranda warnings. the view was, if someone was caught overseas and they weren't an american, we didn't bring them into a uchltd s. court because there are huge obstacles to gathering evidence and some of the process issues when you apprehend someone in a battlefield. without laying down an ironclad rule, my general approach is catch them here, try them here. catch them overseas, put them in a military -- >> you think it's okay to put them in a civilian court, khalid shaikh mohammed. >> i would advise against it. the evidence collection issues and legal issues you'll find, even picking a jury, if you set this up in a military base will be very problematic. i think it's a very, very difficult way to go. >> congresswoman? >> i think our federal court system has been the linchpin of our ability to convicted people of terrorism related crimes since 9/11. over 500 people charged, over 300 pleaded guilty, all safely behind bars for life. i think sf ksm were tried in a federal court, i would predicted he would

miran miranda, you couldn't have -- these things have rocked our society for 50 years, all liberal landmark decisions yet recently you haven't seen that kind -- except now corporations can give money to campaigns. not exactly a liberal decision. are we ever going to have a liberal court again that does progressive things? >> not the way the democrats are doing. >> why don't they do that? somebody said, stevens said the other day, every judge that's been picked to replace any judge in the last 30 years has been more conservative than the judge leaving. >> i think that's true. steven, one of the reasons it's a sad departure for stevens, there's the greatest generation of the court you just described. like the world war ii veterans, he was part of that. served with giants. the question for liberals as they look back with sadness of where did that time go? the democrats simply are not selecting people that can move that intellectual ball. they are not selecting people who can be the types of leaders that see a legal horizon we may not see as a citizenry. we're just not getting that. the confirm

miranda lambert is up for album of the year and five other awards.e more top story and it involves you, ms. sweet care oh line. >> caroline is soon to be officially a mom although i i consider her mom already. baby shively is ready to come out and meet the world. we are so excited for you and your husband and we will miss you while you are out with your new baby. you will be miss. >> due tate is tuesday. i will take him right now if he comes. >> if he comes before the show is over, let us know, we have 30 minutes. >> you got, it thanks. >> congratulations, caroline. >> this is a fox news alert. new information now on the four alarm fire we have been covering in union city, new jersey, just outside the lincoln tunnel. you are looking at live pictures from our new york affiliate wnyw. it damaged three major buildings, destroyed several cars. there are apartment buildings in the area as well. no injuries report sod far. this is at palisades avenue between 13th and 14th streets if you are familiar with the area. firefighters were having trouble getting t

they going to be treated as civilian criminals and will they be provided, apparently, right such as miranda and funded attorneys and that kind of thing. what the policy is. there is some confusion, it seems to me, and i believe that we have got to get this clear. or it would be a big mistake if we treat these individuals as normal criminals entitled to the appointment of all lawyer, entitled not to speak, and not to be taken to military custody if they meet the standards. and so i hope we can work on that. our main concern about our border, violence as you know it is increasing and it is a serious threat to law-abiding people. in arizona and other places along our southern border, the power of these drug cartels is very real. the power of the coyotes to bring people in is very real and it has to be confronted and a very serious way. a lot of people might not recognize how much progress has been made in the last 10 years. in 2000, 1.6 million people were arrested at the border. last year, i understand 500,000 were arrested at the border. that indicates, i believe, that the flow is down. it m

. >> today, we are going to be signing autographs here, it's going to be me, miranda and candice. >> of us at the store right here. >> clayton and i are there (laughter) >> and get three autographs. >> and you can get actually the beautiful flower bouquet and give it to your wife if you go there. >> is this part of the whole, this is actually the perfume for moms on the run you can always have-- that's cute. >> something attached. it opens here. >> check out the new heavenly flowers connections and are you cold today? >> i'm better now. >> don't put that jacket on her. >> i was going to offer it to her. >> oh. >> and i'm trying to do the gentlemanly thing, thank you, thank you. >> come on. >> thank you for joining us this morning. >> we appreciate it. >> all righty, coming up we'll tell you about rocker breath michaels in icu, a brain hemorrhage and in critical condition and we'll tell you about that and the sec not only asleep on the job, but apparently watching porn and being paid for it, paid well for it and we'll talk about that. >> we have a meeting. >> leave her alone. >> af go

does not provide the republicans with an excuse to steer the conversation to things like not giving miranda warnings to terrorists, which the administration does not really want to talk about much on national tv. california host:, joe on the end of london -- host: california, joe on the independent line. caller: the women on your show this morning of for the supreme court, i would not care too much for. most of them are politicians. i think the only one there that i would vote for is the guy that is on the montana court. host: all right, what about the list overall? is it fair to say, or should people assume that whoever is on this -- that someone will be picked from this so-called list? guest: it seems pretty likely. you can never rule out a big surprise. justice souter was a big surprise, for example. the president was thinking about who to put on the supreme court before he was president. he was thinking about it a lot a year ago after justice souter resigned. he is a former president of the harvard law review. he thinks about constitutional issues. he wrote about it in his books. now he

does not provide the republicans with an excuse to steer the conversation to things like not giving miranda warnings to terrorists, which the administration does not really want to talk about much on national tv. california host:, joe on the end of london -- host: california, joe on the independent line. caller: the women on your show this morning of for the supreme court, i would not care too much for. most of them are politicians. i think the only one there that i would vote for is the guy that is on the montana court. host: all right, what about the list overall? is it fair to say, or should people assume that whoever is on this -- that someone will be picked from this so-called list? guest: it seems pretty likely. you can never rule out a big surprise. justice souter was a big surprise, for example. the president was thinking about who to put on the supreme court before he was president. he was thinking about it a lot a year ago after justice souter resigned. he is a former president of the harvard law review. he thinks about constitutional issues. he wrote about it in his books. now he

going to be treated as civilian criminals and will they be provided the panoply of rights such as miranda and court reported and funded attorneys and the kind of thing? there is some confusion, it seems to me. i believe we have to get this clear. i believe it will be a big mistake if we treat these individuals as normal criminals and title to the appointment of a lawyer and entitled not to speak. not to be taken into military custody if they meet those standards. i hope we can work on that. our main concern about the border, the balance, as you know, is increasing and is a serious threat to law abiding people in arizona and other places along our southern border. the power of these drug cartels is very real. the power of the kiotis will bring people and is very real and it has to be confronted in a very serious way. i would note that many people might not recognize how much progress has been made in the last 10 years. in 2000, 1.6 million people were arrested at the border. last year, i understand it was a little over half a million were arrested at the border. that indicates, i believe,

holder, that when you try a person in civilian court, you have to give them miranda warning upon taking them into custody. you have to tell them they're entitled to a lawyer, they're entitled to a speedy trial, they're entitled to file discovery of the government's case, all immediately, basically. and when you try them, hold them in military custody, you don't have to charge them at all because they're a prisoner of war until the war is over but if they violated the laws of war and committed criminal acts, they may be tried, if you choose to try them in military commissions. it just makes perfect sense to me that these cases would be tried there, that's the result of the national consensus after the 9/11 commission issued their report, congress has passed legislation to that effect and the president, one of his first acts was to set aside and stop these commissions and you have blocked their progress since then, it seems to me. so i think you need to re-evaluate this. i don't think the people of new york want this trial anywhere in their state or their city or the southern district. th