Beginning several hours before Tsarnaevs capture, Sen. Lindsey Graham (R-S.C.) wrote on Twitter that the suspect ought to be placed in military custody.
If captured, I hope Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes, Graham wrote Friday afternoon. The last thing we may want to do is read Boston suspect Miranda Rights telling him to remain silent.
The Law of War allows us to hold individual in this scenario as potential enemy combatant w/o Miranda warnings or appointment of counsel, the senator added later in the evening. I hope the Obama Administration will seriously consider this option
.The goal is to gather intelligence and protect our nation which is under threat from radical Islam.
The Obama administration appeared to be taking a middle course, holding off on advising Tsarnaev of his rights, but still directing him into the criminal justice system for prosecution.
During a news conference shortly after the suspect was captured, U.S. Attorney for Massachusetts Carmen Ortiz did not directly confirm that the suspect was not read his rights. However, she said the law allows for exceptions. There is a public-safety exemption in cases of national security and potential charges involving acts of terrorism, Ortiz said.
However, when Ortiz said her office would continue to evaluate and file our formal charges, she also seemed to imply that Tsarnaev would face justice in a civilian federal court.
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http://www.politico.com/story/2013/...-for-bombing-suspect-90362.html#ixzz2QxxofKrZ