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All right and now that the suspect is in custody how will he be brought to justice.
-- is Michael Sullivan former acting director of the ATF and the US attorney who prosecuted.
The shoe bomber Richard Reid.
All right we now know that Joseph -- I -- isn't serious but stable condition it seems he's gonna survive -- a lot of talk about Miranda.
Michael you prosecuted Richard Reid the shoe bomber in federal court.
How unusual is it to not read Miranda warnings.
Well it's not a case specific obviously if there's -- public safety imminent public safety concern.
They -- exercise.
He -- grander exception under public safety unit try to get as much information as they possibly can.
In order to protect the public I think it's -- -- legitimate under these circumstances.
All right NJT you you know when we talk about the public safety exception here.
I mean how long is that exception good for how long can they go without reading him his rights.
Well there's no definitive statement but most people believe it's 48 hours they've got a situation here where the dependent -- the accused is not.
A conscious enough to even speak so 48 hours and I think that points to a fundamental problem with even thinking about.
-- dicing and that is do we want to prosecution here or do we want an investigation to determine how big these terrorists links might be.
And whether there were additional plans.
-- terror activity there was an awful lot of weapons an awful lot of body d.s that these two possessed.
Are you about the situation with the travel to Russia so -- already -- and judge you know this is that if there's a statement.
Given by the independent.
Before it Brandeis it may not be admissible it's an evidentiary point it's it's an affirmative defense -- you -- admissibility of a piece of evidence.
These guys already made statements.
To the person they carjacked saying that they did this.
So I'm not really worried about prosecution here I think this is up.
Perfect example of where -- serious consideration should be giving to -- -- combatant status all right many of the -- to look at.
-- Obama administration.
You know they're going through this public safety exception but all indications are that they want -- prove -- prosecute this guy in the federal.
Court so having said that when the police came out and said.
That you know there is no longer a danger here haven't they -- -- innocence distorted the public safety exception by saying everything's okay everybody can come out all is well.
I think here's the problem.
Bit they made that statement and then about ten minutes later they engage the defendant the accused so it all was not well and I understand the police were making a best effort I I think David heroic.
And fantastic job I'm not sure that would be dispositive I just think this whole idea Miranda rising this individual is a mistake at the get go at the beginning.
And I think that's looking at this from the wrong the lens and I'm afraid the Justice Department.
And I've got a lot of work with the Justice Department worked with treasury I'd I hate that the going down this route but looks like that's the road they're gonna go to Peter does that's been working -- -- -- -- no prosecution.
It's -- and Peter that they're gonna go through the federal criminal a justice system.
Now having said that is there some point at which.
The Miranda -- she was going to be evaluated -- it's going to be evaluated.
Depending on how much information this.
Hi asset interrogation team.
Gets from this suspect but the bigger question judge -- is.
How do we value our constitutional rights in this country obviously we're afraid obviously we -- in terror but do we pick ourselves up.
What do we throw ourselves down do we throw the constitution down and say OK now we're gonna military police.
Military authorities making decisions.
About criminal justice matters in this country OK I -- -- question are you saying Peter -- that because he has a citizen.
He now has more rights than someone -- an enemy combatant in another country the most contemptible content -- -- citizen in the United States today.
But he is a citizen of the United States.
Of America and we -- framework by which people are judged by which people the guilt or innocence is a judge I believe.
The exception should go forward I don't care if it goes Ford for thirty days if they interrogate him.
For thirty days but at some point I believe he belongs in the federal court because that he doesn't go to federal court.
These terrorists have won and that's what I don't want.
All right so you believe that the military tribunal is not the way to go Michael Sullivan I'm gonna go back to you for for another minute now.
Richard Reid prosecuted in the federal court.
How long was his sentence.
-- received a life sentence he received the maximum sentence that.
The right I agree we.
There -- any national security national.
By identifying him as an enemy combatant if -- is if there is then -- identifying him.
A designated him isn't that enemy combatant and get as much intelligence as we possibly can from him they make a determination.
That they think there is none there obviously should be prosecuted all right gentlemen stand by -- coming back.
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