European Stars And Stripes (Newspaper) - March 31, 1986, Darmstadt, Hesse                                Page 10 the stars and stripes monday March 31, 1986 court Iii Anthony Lewis what did . Accomplish in libyan confrontation Moa mar khad Afy is a satisfying target for american military action a bullying menace to his neigh Bors a sponsor of International terrorism. We have bloodied him now in the Gulf of Sidra. The question is what if anything we have accomplished by doing so. The purpose of the . Action was to retaliate against Libya for its role in terrorist outrages to teach Kheda by a lesson. Planning began months ago after terrorists with reported links to Syria attacked the airports in Rome and Vienna last dec. 27. They killed 20 people among them five americans. President Reagan had often promised to hit Back at terrorism. In january he imposed economic sanctions on Libya. He also approved sending ships into the Gulf of Sidra As soon As the Navy could gather the three aircraft carriers it Felt it needed for the operation. Khad Afy claims the Gulf of Sidra As libyan Waters in conflict with International Law and with the View of virtually All other countries. But it was hardly necessary to run a Large naval exercise in the Gulf to show . Disdain for the claim. The Point of the exercise rather was to provoke Kha Day. . Planners reckoned that he would have to re Spond to such a massive show of disregard. They thought that he would fire some of his new soviet surface to air missiles at american planes and that the planes could avoid them and attack the missile launching Sites. In the event everything went exactly according to plan. Indeed the incident had the look of a Well rehearse James j. Kilpatrick de scenario on both sides. That is khad Afy made his show of military response without a real Challenge for example by his substantial air Force. He May even have ordered the missiles fired when the . Planes were out of Range. Thus the two parties for their own purposes kept the Gulf of Sidra incident to a limited demonstrative one. David Shipler of the new York times summed up the conclusions of some Washington analysts As Fol lows Libya and the United states both motivated More strongly by political than military considerations seemed to play willingly into each other s hands. They allowed each other to maintain the impression of valor to avoid the risk of having threats shown to be empty and to enjoy the convenience of having a clearly focused  Reagan certainly gained politically in the Short run. Once again he drowned Public doubts about his policies in patriotic Fervour Over a military adventure As he did with the invasion of Grenada in 1983 just two Days after 241 marines sent to Lebanon on a foolish Mission died in a terrorist bombing. But what of the deeper american Aims will the action in the Gulf of Sidra weaken khad Afy will it reduce libyan support for terrorism the answer to those questions is almost certainly no. In terms of his political position khad Afy has surely gained from having his nose bloodied in the Gulf. Wors ening economic conditions in Libya caused by the Oil Price fall had produced some signs of internal opposition to his Rule. Now he is a hero standing up to the imperialist enemy. In the Region the american naval operation will make it harder for Arab governments that dislike khad Afy to disagree with him publicly. Even Egypt Libya s uneasy neighbor anticipates new popular sympathy for Libya As a victim of american Power. The soviet Union while avoiding any confrontation with the United states May make careful shows of further support for khad Afy and May seek More frequent use of libyan ports. As for terrorism libyan sponsored attacks Are More Likely now or so Many experts believe. Khad Afy has threatened action against americans and there is no reason to think that he will be More restrained after the Sidra incident. No respect for Law or humanity will keep him from taking revenge on innocents. What will the Reagan administration do if there is some new terrorist horror linked to Libya will it bomb major libyan facilities what if khad Afy then takes american hostages where will escalation go it is no time for rambo like enthusiasm the Winston Salem journal said in an editorial. We must take care not to let ourselves be manipulated and drawn far into a game that develops its own  the very nature of the khad Afy problem is that it is not solvable by a neat military action. Smacking him in the Gulf of Sidra and feeling Good about that is not a strategy. Does the Reagan administration have one c new York times it s time to take a new look at Miranda decision Justice John Paul Stevens mourned the other Day that his erring col leagues May be becoming increasingly less faithful to Miranda s Clear  the proper response to Stevens lament is let us devoutly Hope  june 13 will Mark the 20th anniversary of the High court s landmark opinion in Miranda v. Arizona. In 1976, a poll of the american bar association ranked the Case fourth in importance in the entire history of the court. It was in this decision that chief Justice Earl Warren fabricated the famous Miranda warnings by which a suspect must be in formed of his right to remain silent and of his right to request the assistance of counsel during any police interrogation. The warnings have been Woven into the fabric of american Crimi Nal Law. Yet it Seldom is recalled that Miranda was decided by the narrowest possible mar Gin. The court split 5-4, with the dissenters arguing passionately that Warren and his colleagues were writing bad constitutional Law. Over the past 20 years Many lawyers both in Academia and in private practice have criticized the opinion. Gerald m. Ca plan professor of Law at George washing ton University recently argued convincingly in the Vanderbilt Law review that Miranda should be overruled. The court May be moving sub is Tentio in that direction. On March 10, in a Case known As Moran is. Burbine the court voted 6-3 against expanding the Doc Trines Laid Down by Warren nearly 20 years  Burbine Case involved a murder in 1977 in Providence . A 21 year old suspect picked up on a burglary charge soon was implicated in the crime. As it happened Burbine already had retained a Public defender Richard Caspari an in yet another unrelated Case. During the course of a few hours of questioning police read Burbine his Miranda rights three separate times. Twice he was left alone in a room with a Telephone. He made no Effort to reach casparian. He never asked for a lawyer. Eventually Burbine signed three statements fully admitting to the murder. He was tried and found guilty. The Case reached the supreme court on Burbine s plea that his Miranda rights were violated when police prevented another Law yer retained by Burbine s sister from reach ing him during the interrogation. That lawyer in is 91 Bufi s b . Offic Rhu  rbwinsilenced11 who knew nothing about the murder charge had called police Headquarters in reference to the burglary. Told that no further questioning was imminent the lawyer did not persist in trying to see Burbine. Writing for the majority Justice Sandra Day o Connor made the Point that it was the lawyer who was trying to see Burbine and not Burbine who had asked for a lawyer. The constitutional right to request the presence of an attorney belongs solely to the defendant and May not be asserted by a lawyer in the defendant s behalf. To hold otherwise said Justice o Connor would work a substantial and inappropriate shift in the balance struck in Miranda Between the right of an accused to be protected against self incrimination and the right of society to secure admissions of guilt. Stevens joined by justices Thurgood mar shall and William Brennan filed a dissenting opinion that came close to hysteria. He denounced o Connor s opinion As breathtaking in the scope of its misreading of  the majority s decision was deeply disturb  it was simply  it ran counter to the opinions of Many state courts in similar circumstances. It defied a recommendation of the american bar association. The decision was untenable profoundly misguided and  clearly the three dissenters would like to see police interrogation prohibited altogether. Their goal is eventually to require that a Law yer be provided to a suspect from the first moment the suspect is questioned. No lawyer Worth his Salt Justice Robert Jackson once remarked would permit his client to say a single word. There would be no confessions. The balance should not be tipped so heavily in a suspect s favor. Society has rights no less than a suspected criminal has rights. The Burbine Case marked the third Case in the past two years in which the High court has backed away from the rigid lines drawn in Miranda. After 20 years i say High time. C Universal press Syndicate