The chief suspect in the case of the failed Times Square car bombing is Pakistani-American Faisal Shahzad, who has confessed to the plot. Much of the media has latched onto Shahzad’s Muslim faith and his Pakistani identity, making inflammatory remarks and suggestions about Muslims and Pakistanis:

– CNN contributor and Redstate.com blogger Erick Erickson complained that the words “muslim” and “Islam” are “not mentioned” enough in stories about Shahzad. He wrote, “It really is pathetic that you’re more likely to see the words “racist” and “Republican” together in the newspaper these days than “terrorism” and “Islam.” [5/4/2010]

– Hate radio host Neal Boortz tweeted, “OMG! The Times Square Bomber is a Muslim! Shocker! Who would have believed it?” [5/4/2010]

– The cover of today’s Washington Post-published Express features a black-and-white photo of Shahzad with the sensationalist headline “MADE IN PAKISTAN” [5/5/2010]

Yet one fact being ignored in the American media’s sensationalist narrative about the failed bombing is the fact that the man who was responsible for police finding the bomb was Muslim. The UK’s Times Online reports that Aliou Niasse, a Senagalese Muslim immigrant who works as a photograph vendor on Times Square, was the first to bring the smoking car to the police’s attention

As politicians and commentators square off over terrorism defendants like Faisal Shahzad, the alleged Times Square bomb plotter, being read their Miranda rights an important point is often missed. The United States Supreme Court has carved out a critical exception to the iconic legal rule that is often overlooked, but very important in cases like this. During a press conference at the Justice Department the FBI's Deputy Director John Pistole mentioned that the 30 year old naturalized American citizen from Pakistan was questioned pursuant to the public safety exception to the Miranda rule and that he provided authorities with valuable information. Pistole also explained that Shahzad continued his cooperation even after he was read his rights. Shahzad's charges in federal district court in Manhattan relate to terrorism and use of a weapon of mass destruction.

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Almost twenty years after Miranda the United States Supreme Court under the more conservative leadership of Chief Justice Warren Burger reined in Miranda for the first time by carving the public safety exception. In New York v. Quarles, 467 U.S. 649 (1984), the High Court held that in limited circumstances where legitimate concerns about public safety exist, evidence and statements are admissible in a subsequent trial even when a suspect is not informed of his Miranda rights. In Quarles an armed rape suspect fled into a supermarket where he ditched his gun. Upon capture by the NYPD he was found to have an empty shoulder holster and was asked where his gun was. The court held that a public safety exception existed because the abandoned gun was a danger to the public.

As discussion about who should get Miranda rights intensifies, the exception as much as the rule should also carve the parameters of the debate.