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Unresolved problem segment tonight they're two very intense questions concerning the captured terrorists now being treated at a Boston hospital should he be given Miranda -- -- Should be classified as an enemy combatant to take him out of the civil system.
As far as interrogation is -- White House says it will be a civilian case but should it it.
Joining us now from Nashville Tennessee Alberto Gonzales -- former attorney general under President Bush the younger.
So we understand that.
This guy Joseph Carr has been given Miranda rights in the hospital has already been -- and he does have an attorney appointed to him.
Some people are saying and Wall Street Journal is among them that's not Smart that they could have been labeled him an enemy combatant.
And interrogated him without.
All of the protections and you say.
While they -- -- White House has made a calculation -- apartment justice -- calculation that they can bring this gentleman this person I'm sorry that justice.
And also get the information that may be important to prevent future attacks and also provide answers.
The -- help bring closure to the victims and the families of the victims.
You know there are some challenges of course with respect to the designation of enemy combatant.
People forget that once that happens you're dealing with an American citizen and what he will do is -- hate this petition challenging that designation.
Raising in this question does the president on his own authority.
Kenny designated American citizens as enemy combatant which is an issue they came up with respect Al -- -- And and what when that that happens then we're going to court.
And and here this -- that will force -- government to present evidence and to show that in fact this person is enemy combatant.
And I think the governor is probably not doesn't want to do that it's gonna is gonna -- and -- are criminal trial.
Take it into direction -- just not worth the exercise.
OK and and that's valid and and reasonable.
Now when you get a guy like this -- And it it becomes purely a civil crime purely a criminal action.
By the way he's being charged the federal level with terrorism crimes and if convicted he could receive the death penalty which I believe he will.
But it makes it a lot more difficult than to squeeze him.
For more information about al-Qaeda about what is dead brother knew wouldn't what happened and who gave them all arms and all of act and the guys wanna do it didn't have to do -- Correct.
Well here here we have had a situation where he has information and we want.
And we have something that I think I'm assuming he wants which is his life and so there is a possibility.
That we will get the information that we desperately want and of course there are criminal cases where I defend that -- sing like Sumatra.
And -- either guilt or desire to be famous and so.
It is possible and again I -- I'm assuming the Department of Justice.
In consultation with the White House has made a calculation.
There we can bring this person -- justice our criminal court system.
And get the information that we may now nothing prevents -- present at some future time if in fact things are going badly and and and and outcome is as we're not getting information we think we need he can always designate this person as enemy combatant but then of course we stay -- face the same problem.
Are you have to -- I guess no one but you know you have just insinuated that it might be up to the federal government.
To bargain with this -- say we won't give you the death penalty if you spread it out and give us everything -- But -- -- on -- with the public mr.
attorney general you know that is a vengeance and I don't want this guy to get what Tim McVeigh got.
And and that and I understand that and again.
This person may give -- information freely.
And he may not -- there may have to be some kind of bargain reached and it may be sufficient.
For the victims and and the and the families of the victims but they do get information -- -- get answers that helps him achieve.
Achieve closure but I understand there will be some people that will be unhappy yeah I mean I'm just so that trailer Hamas and its -- go that way -- question.
The FBI you just heard Brit Hume and our debate the FBI.
And young is a second time now with -- and now with this guy going over to Russia coming back and blowing people up in Boston.
Being that give you pause you think there might be some wrong.
I think it's worth it exploring and I and I I agree with which -- -- I think it's a role of congress to ask questions.
We do have the example what happened hosts on.
And you -- the FBI again coming out initially saying you know we did everything right in -- I think get out of the circumstances.
It's necessary and we need to find out whether or not the FBI did its job based on what's been disclosed publicly I would say that they did but again.
I don't know I don't know I don't know if they if they were out watching closely you know.
It's a disturbing situation although I think the bureau did a great job track and these people down in four days that was amazingly no question about -- Who want to be fair to everybody mr.
attorney general thanks coming on when we come right back Bernie Goldberg on --
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