The Jackson rule was based on the belief that the concern about coercion in the Fifth Amendment context is also present in the Sixth Amendment context. Jackson, 475 U.S. at 631-632. But that assumption is unfounded. The Sixth Amendment does not protect a defendant against official compulsion; it ensures that he will have the assistance of counsel to guide him through the intricacies of the trial process and ensure that his trial is fair.
But how can a trial be fair, if the police are allowed to coerce a confession out of the suspect? How is such interrogation not part of the intricacies of the trial through which counsel is supposed to guide the defendant through?
This ruling gives the police carte blanche to charge a suspect, arraign said suspect and then utilize the coercion that the fifth amendment prohibits, because the suspect is no longer a suspect, but a defendant. This is nothing less than providing the police and prosecutors an end-run around the fifth amendment. And there are damned good reasons we put these protections in place. Because even within the parameters of how suspects, defendants and prisoners must be treated, there is a lot of room for pushing suspects to confess to crimes they may or may not have committed. We have ample evidence that people will confess to crimes they didn't commit, because of the pressure brought to bear by law enforcement - and that's with these rules in place. Weakening these rules just leaves law enforcement more room in which to push people into confessions and will inevitably lead to more miscarriages of justice.
I also think that hammering Obama personally for this is entirely justified. It's not like he is unaware of the intricacies of the law. He's a con-law scholar and knows full well what this means. I am sick and fucking tired of this worn out argument that Obama can't know everything that's happening - can't just micro-manage every little thing. These are not little things. Continuing the Bush administrations propensity for secrecy is not a little thing and the bones we've been thrown do not balance out what's missing. He had an opportunity to intervene in the case of Charlie Lynch and refused - in spite of his vow to stop prosecuting medical marijuana.
I am not all that keen on writing about politics. I have simply gotten burnt out and become increasingly jaded. But the actions of the Obama administration have become so egregious that there is no way to avoid exposing the hypocrisy and outright lies to the hard light of day. Bush was an atrocity and as far as I'm concerned belongs in prison. But there was little question where he stood after his first term (and arguably before). Obama on the other hand, is becoming more of an unknown, as he proves over and over that what he said he would do bears no relation to what he's doing. When all we have to go by is a lot of lies told to become president, it's impossible to know what he'll do next. There are still advantages to having Obama in the oval office, instead of McCain - but those advantages are a scant few, no matter how important they might be. And at the rate he's going, this will be his only term and gods forbid, any SCOTUS seats that open up in four years may well get filled by a fucking republican nut.