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America go to bed tonight okay.
My family -- you know have.
Go to sleep with a warning about some -- terrorists on the loose in the town and the cops and an amazing job.
It's an amazing job and there getting -- -- -- today they're clearly relieved the people of Boston that the suspect.
Is now in custody and they are out of harm's way as far as this incident goes and now attention is turning to what happens next legally.
For this nineteen year old suspect the Justice Department -- without charges against him later today.
As a key group of Republican lawmakers say that he should not be tried as a common criminal.
That -- while the feds actually when they took him and they suspended his Miranda rights for a 48 hour period.
And they will decide whether or not to seek the death penalty listen listen to this on last night as well.
This is still an active.
An ongoing investigation we're going to be reviewing.
All of the evidence before that kind of -- decision is made in terms of whether or not.
Two -- seek.
The death penalty review all of the evidence.
And it's a very thoughtful.
And long process that is engaged and it's the attorney general of the department of justice's.
This makes that final decision.
All right so they have that let's bring in Fox News legal analyst Peter Johnston junior.
Peter well I don't know UST US attorney on this case in Boston -- she says you know it's it's too early to talk about death penalty -- Yeah I was really surprised and disturbed as an American and as a lawyer and watching that last night you couldn't think of a more week insipid.
He remarked that she was making.
The charges that will be filed in this case I haven't seen them but I can approximate what they are our death penalty charges under federal law.
Including using and conspiring to use weapons of mass destruction that carries the death penalty now that news this.
Just said that -- -- a tennis -- well clearly had a net is an attempt to kill Americans.
On American soil it would be my understanding that all of that would fall -- death penalty right now we're gonna blow we weren't we're gonna start it -- and.
Under federal law the attorney general has to sign off on and it's a good question well Eric Holder will in fact in the end sign off -- that but I think they should have been a sense of outrage and a sense of justice last night that frame that the way that you did so I was disturbed.
At that and we're we're not off to a good start in terms the prosecution based upon what I was -- last night.
So we noticed that he was not read his Miranda rights the right public exemption which gives you -- 48 hour period basically to determine whether or not he will have this enemy combatant status and be in a different category of a terrorist.
Rather than a common criminal who you know.
Bumped off corner store.
Right the Supreme Court is card that -- of public safety exception or exemption based on a case called quarrels at a New York City where a a police officer.
Asked the defendant who was in handcuffs at that point where is the gun.
And that the defendant that -- point out the gun was -- nearby.
And this is even more exemption this is even more of an emergency circumstance.
In fact the Supreme Court in the dissent in that case.
Talked about a ticking time bomb exception -- be even more applicable so it's not even 48 hours it's really as long as it takes.
We don't know if the defendant is conscious.
We don't know if he's speaking at this point we don't know -- if the FB IC IA and Department of Defense.
Has had the opportunity to interrogate him yet but there is such an exception under federal law.
Another big question I have and I talked to doctor Siegel about this before it in terms of his NASA says if he's conscious.
Do did this is high value interrogation group have the right to -- the hospital -- to say we need to get in there we need to talk to him now this is a matter of national security.
I guess it's always an ethical issue for the doctors were treating that the patient at this point.
But they're gonna barge in there as soon as they possibly can and they -- interrogate him as long as they possibly can.
Where the bombs.
Are there other -- who was involved what country was behind you -- other plans anyone in your family involved.
Anyone who worked with anyone of its school at University of Massachusetts.
All of these questions are relevant under that public safety exception and they're going to be asking them and asking them -- Hart president what is -- -- those it does say he's an American citizen he is he became one on September 11 I -- crazies.
And he should have been read Miranda rights as soon as they got a map when it up.
They're wrong the federal low law and the Supreme Court allows.
This type of interrogation the question is.
How long does it go on.
And easy prosecuted.
As an enemy combatant as senator McCain and Lindsey Graham and others do you expect -- administration to do that now because they've stated that they will not cold.
Even though the federal law have a cent of the Supreme Court that they have -- -- know that the federal long -- defense authorization act of 2012.
They can there have been signing statements by the president that they wouldn't enforce it.
But if they want to enforce it.
They could at this point this will become a subject of debate what's best for America.
Hold forever or triumph.
Let's see what happens here as always great to have you good to see -- the program that -- --
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