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-- -- -- -- legal analyst is with us here.
At least this decision the right -- or not I think it is the right one I don't think there was another one really to be made because you've got an American citizen here legally you know we can go back and talk about the legalities in relation to your legal but he he.
It was here illegally.
And we have a crime that a terrorist attack.
Committed on American soil -- put those two things together.
I'm not sure hate it and in the enemy combatant and the federal court systems -- actually been pretty well.
Done pretty well with with -- prosecuting terrorists so I think that's way to look forward yet there's that there's.
Things some -- cry -- mainly from Republicans saying.
No -- should be treated.
As an enemy combatant but Walt would be the argument for doing the other.
In this can be accurate for doing it is that you have fewer rights in -- in -- military tribunal you have fewer evidentiary rules he got a hurdle over.
But the problem is there's even more back -- have -- backlog.
Actually in the military combatants that strategy that there isn't a federal court system so we're gonna get a fair quicker trial I think we now with the go more or civilian.
Now Wilson will this all -- in the colts in Boston.
Yes the question is going to be whether they move that want to of the trial a defense lawyer and I am not advocating for this battle but the defense -- gonna come in and say look.
Any juror in that area that state is going to prejudice all of the horrible horrible things that happened last week to just like an Oklahoma City bombing -- to let me think that was actually try and Colorado dumb move that -- that make a change of venue motion -- dollars to donuts are gonna do that.
I think they may succeed it will be very expensive because it -- of people from Boston who actually sought.
Witnesses like that driver who was the SUV that was a that was Condit he he's got to fly out and all of those people have to fly -- -- for the -- money for Boston.
But I think the defense couldn't make a pretty strong argument that -- taken out of Boston area.
He and and so we did 5050 that he could be that day.
Yes I think so look at the -- and -- -- favorite -- case cut I don't know what about indeed the I did the fact here that this guy.
Was not read his Miranda rights right immediately how does that affect it now that -- staying within the criminal -- really -- Affected at all he that people Qaeda would not miss reporting I don't wanna -- over the weekend but they were talking with us 48 hour over the 48 hour rule.
Applies to when the feds have to charge when the federal government -- make a charge not to went if they don't read the Miranda rights that they have to then be read.
They use the -- used the national security exception.
Whether you agree with that or not we could debate that in court but it almost in my mind as a prosecutor.
Doesn't matter you -- need that to do lined his confession to make that criminal charge stick do I need that picks up not got surveillance I've got that -- did a good driver the confession because I had so many other things.
They were trying to get issues of national security.
Relay to them by this guy and it's the worst comes to worst of his statements are not admitted -- -- court against him just against him.
-- so that pretty strong.
It's a very strong case are and that the charges against him we could just pop those up on the screen now we have one count of using.
A weapon of mass destruction one -- of malicious destruction of property.
Resulting in death and we gonna see more.
Manifests artists -- to -- it and don't forget the complaint.
-- getting back to that 48 hour -- this is what they had to do to keep him and keep it under federal charter right.
Now they can go to a grand jury that could convene a grand jury that that many more days to it make a grand jury indictment.
This was just a stop -- to say keep them honest.
That weapons of mass destruction and death penalty possible no bail and then they can and then that could form an indictment will be holding wholly different charged with many more charged.
And and and how long does something like this play -- coming in we I guess we go back to the McVeigh case for.
Some indicate is -- evident it's a long time.
So long time attended say it was that there crime was 1995 he was excused in 2001 which is -- pretty fast for death penalty case and now it speedy trial.
Tex starts clock starts ticking but.
My guess is the chancellor -- -- -- him look we need more time we need to find evidence witnesses -- to testify for him.
They have a mental issue you know that the brother was.
Forcing coerced him into this so it's gonna play out -- some time but look for right now the complaint is not the end of trying to document now they're gonna go to indictment a grand jury box to -- what.
But what about this idea and it's it's been floated out there by many.
Sort of just looking at the but the surface of this case.
-- -- you would imagine.
Is a case may be that he will want to -- he and his lawyers my brother made me do it.
The closest we've seen that is in the DC sniper case remember that I -- years ago where that is exactly the kind of case but he still he still sit sitting in prison and -- not knock at the death penalty.
And again I'm maybe I'm too close we're also new to write down as weak attempt at taking out left of my lawyer cap and putting on my mommy and my mom kept my son was -- -- and at an -- I don't think that's kind of prevail but will that be the defense absolutely -- defense lawyers -- they've got to come up with what they can say it to try to.
Obfuscate to try to is that what this is explains it was a -- was his but don't forget he's not a nineteen year old kid he's a nineteen year old young may have gotten.
Who did this on his own will kind of a gay anti in his step as he walked down there and you saw -- on the video clips --
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