With the arrest of a suspect in the Boston bombing, there are now a host of legal questions emerging. Should he have been immediately read his Miranda rights? Should he be labelled an "enemy combatant"? What kind of trial will Dzhokhar Tsarnaev get? Legal journalist Andrew Cohen, contributor to The Atlantic, legal analyst for 60 Minutes, and fellow at the Brennan Center for Justice, provides context.
.@cbsandrew says that, unlike Jose Padilla case, there's "no push" on part of White House to treat Dzhokhar Tarnaev as an enemy combatant.— Brian Lehrer Show (@BrianLehrer) April 22, 2013
.@cbsandrew says case against Tsarnaev won't hinge on statements made after his arrest, so police less worried about Miranda/exception.— Brian Lehrer Show (@BrianLehrer) April 22, 2013
Is fed gov't considering death penalty in Tsarnaev case? "They have to be" but also have to walk a line with state rights says @cbsandrew— Brian Lehrer Show (@BrianLehrer) April 22, 2013
If captured, I hope Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes.— Lindsey Graham (@GrahamBlog) April 19, 2013
The last thing we may want to do is read Boston suspect Miranda Rights telling him to "remain silent."— Lindsey Graham (@GrahamBlog) April 19, 2013