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Senator Feinstein and that congressman king so let's talk them about some of the policy -- -- senator Feinstein.
At one of the biggest visits come up now should -- -- treated as a criminal questioned under the pay of public safety exception.
To the Miranda rule but then read his rights and told us right to remain silent have a lawyer.
Or should he be treated as an enemy combatant with no such protections.
I believe very strongly the former I think that's the only legal way to proceed.
I do not believe under the military commission law that he is eligible for that it would be unconstitutional.
To do that.
Let me say this Chris one of the great things about America is that we come together at times of trial.
-- very much regret the fact that there are those that want to precipitate a debate over whether he's in an enemy combatant.
Or whether he is a terrorists a murderer etc.
Federal law and we've had 435.
Terrorist convictions under federal law.
A hundred plus arrests.
There have been and maybe a half a dozen.
Under the military commission it is really very clear to me.
That the course that can be taken you've got the high value interrogation group.
They're skilled they know how to do this that the Miranda right can be read at a later time.
He has reportedly been shot to the throat.
He's -- -- he can't talk now so there is time.
To do the investigation.
To make a clearer assessment and to move from there so I really regret all of this discussion.
Which is creating a conflict.
That need not be -- the administration.
Is ready for this.
It may bring in congressman king despite the comments of senator Feinstein do you think Sinai have should be treated.
As a pro model or an enemy combatant.
I believe we should -- be treated as enemy combatant for the purpose of interrogation you've group put out of state -- Senator McCain senator Graham.
Senator I got the region -- -- there are so many.
Questions on and -- There's so many potential links to terrorism here also the battlefield was not in the United -- -- -- believe he is an enemy combatants.
And he would not be tried before military commission ultimately he will be tried in civilian court.
And the statement is taken from them cannot be used against him in -- trial but right now he's really -- -- the only -- we have as far as any Chechen involvement in the al-Qaeda movement.
In the overall Islamist movement.
And we don't know other other conspirators out there -- there -- explosives out there where do they get there radicalization other mosques -- -- moms we should be looking out.
What who whose brother meet with when he was in Russia and Chechnya.
He's only questions and I believe -- -- obtained.
Through -- he's does not get his Miranda rights because it -- -- right now there's a public safety exception that's sort of expired up 48 hours -- that's Vatican lawyer up.
And stay quiet I'm not interested he's going to be conviction one way or the other and that civilian court right now to get intelligence says is a unique opportunity.
To what you try to control over intelligent only guys us.
Let me ask you -- -- me congressman but I do wanna get to the intelligence that I know you both have been -- -- administration as -- senator Feinstein.
What can you tell us about the plot at this point was there any foreign involvement and especially what do you know with any thing.
About the older brother -- marlins' trip to Russia last year.
Well we do not know specifics.
However we do know that there was very likely a call from Russia.
Before he went back to -- -- -- and Chechnya.
Asking you about it.
I think just.
Conjecture would lead one to believe that this may have come from his running jihadist sites on its web site.
Anyway he went home for six months that's a -- we will find out what happened during those six months.
I think there is likely going to be an assessment.
That this was somebody who did want to participate.
In a -- jihadist.
Mean there is ample evidence fingerprints so I understand.
Direct testimony from one of the people that had his legs blown off.
That he recognized him he they admitted to the driver of the car that they hijacked.
That they were the bombers.
So I think there's going to be a great deal of evidence put together to be able to convict him.
And it should likely be a death penalty case under federal law.
I believe that the federal confidence.
In doing this at this time is extraordinary.
I believe that Larry just finished that they pig can interrogate him does behind it and say yes with not do -- taller they've done -- many many others.
And they've gotten convictions.
Nothing -- bring -- congressman king.
Yeah what do you what I conviction I'm worried about -- -- -- be convicted I want to intelligence we can save American lives and that and that can only be done I believe effectively if he's treated as enemy combat kind is not about just roll.
Right back you both a major point very -- -- -- let me ask if I can congressman what do you make of the fact that because of a Russian request the FBI.
Interrogated the older brother -- and back and in 2011 at about his ties to radical Islam they found he was not let's -- I guess two questions first of all what do you make of that interrogation.
And what about the fact that when he returned after six months in Russia he apparently was not on an FBI watch -- Chris I have great regard for the FBI after director Mueller but this is the latest in the series -- cases like this I don't while locking the major Hasan.
Carlos Bledsoe irrelevant heavily now this case with the elder brother with the FBI is given information about someone that big potential terrorists they look -- And then they don't take action and they go out and they get carried out murders after this so again I'm wondering -- -- is this something deficient -- what went wrong.
And again if there was nothing they could find -- what do you levity goes to judge yet.
In 2012 is the -- -- -- its web site he's talking about radical you moms.
Why did the FBI go back and look at that -- I don't -- -- Monday Morning Quarterback did a great job in resolving the case but as far as getting information in advance and not seeming to take the proper action this at least the fifth case I'm aware of where the FBI.
Has failed to stop someone who ultimately became a terrorist murderer.
Congressman king you said after the bombings that and this is your quote we are letting our guard down do you believe that this attack should have been prevent head.
-- and you also -- -- I gather that political correctness be damned we have to do more effective surveillance inside the Muslim community.
Fraction as far as letting our guard down I was being critical -- -- congress on my own party wanna start putting funding for Homeland Security who say that this war is over it's not.
As far -- your party question Chris de surveillance inside the Muslim community via the outlook -- immediate threat is coming from within the Muslim community in these cases in New York.
That's why commissioner Kelly is a thousand police offices.
Out in the community unfortunately he gets me about the New York Times the Associated Press but the fact is we -- sixteen -- in New York.
Because we know that al-Qaeda -- shifted tactics it's not -- to be attackers from overseas we've been able prevent that.
They're getting people in our country who are under the radar screen what clean records we sort of the times where Obama.
The subway bomb in New York.
And now we've seen it as it is in Massachusetts and 99% of the Muslims are outstanding Americans the fact is that's where the threat is coming from.
When the FBI was after the west -- at which the Irish community when they were -- the mafia they weren't Italian community if you know what threat this coming.
We're certain community that's where you have to walk in the neighboring Arizona Feinstein was your reaction -- Well that's exactly where they will look.
I mean I.
I don't think all of this is very helpful.
I think the important thing is to get the facts let the investigation proceed.
The FBI has very good interrogators.
They know what they are doing and I believe that they will put a case together that'll be very strong.
With respect to whether we are doing enough in the Muslim community I think we should take a look at that but.
I don't think we need to go and develop some real.
Disdain and hatred on television about it.
I must say I don't it doesn't congressman -- the same as saying.
That's what the threats coming from we have to address the threat.
Well this came at this point from two individuals that's what we really do know we do not know what their connections are.
So I think we ought to find out before we begin to charge them all right all kinds of association.
We -- a couple of minutes left and wanna ask you a question and congressman can have questioned senator reaction to the Boston -- just build and other issues including.
Gun control and there's some conservatives society.
But some conservatives -- site that -- when did.
A million people in Boston.
Were forced to stay in their homes.
That a lot of those who particularly Watertown where they're going door to door and there was a real concern that this fellow might be on the list might break into their house might take hostages.
With people like to have handguns.
Well some may have yes but if where -- going is do they need an assault weapon I don't think so as a vital residents.
That's right it which and they have the right to decide whatever weapon they feel they need to protect themselves well anyway how about a machine -- We did away with machine guns because of how they're used.
I think we should do away with assault weapons because of how they're used -- the -- -- that's the most fire right you can use that twelve gauge shotgun.
A good defensive effect and -- -- element of surprise now you've got police all over the place in Watertown.
And the so -- I don't really think that that this is applicable I think they're people that want to make this argument but.
Thought twelve gauge shotgun -- many weapons that -- 2000.
Plus weapons that are available to people for choice without an assault.
Weapons we're running out of time so I'm not gonna give you a chance to answer that question congressman -- and -- gonna give you -- chance answer the other question this is also spilled into the debate.
Over immigration -- reforms some conservatives.
Like Charles Grassley senator from Iowa are sang.
You know before we.
It reform the system we ought to focus more on who we let into this country your response.
Well first I don't think you should have a severe impact immigration debate I do think that we should focus on whether or not it should be refined and that if people are coming from a country which has.
-- terrorist background it's as a strong terrorist element in that country.
That there should be actually vetting to people from that country of course I'm a grandson of immigrants -- some concerns with the security aspects of immigration reform.
I don't think we should use as an excuse to stop the debate but I do believe that again if someone is coming from country which has strong al-Qaeda or any other type of terrorist elements in it.
That we shouldn't do not be afraid to ask you extra questions -- the extra research.
Do the extra ready to make sure the people coming in India have no affiliation at all to those terrorist group.
Senator Feinstein congressman can we want to thank you both were spirited discussion thank you for coming in today we will stay on top of all these developments thank you hundreds thank you thank you senator.
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