Enemy Combatant Status News Today

Determination of someone being declared as an enemy combatant is made above my pay grade. >> eric: that means the president. he should get the death penalty and go to gitmo. >> the president could make the determination. its unlawful enemy combatant status. then the geneva convention would apply and fall into a category outside of that. he wasnt in uniform. the advantage of it -- lets look at what this would give us. the advantage of holding him in that status doesnt seem apparent right now. the...

Mismanagement from the top. it cries out for an investigation as to how this happened. one of the most important interrogations we could have. this is one case where a person was vulnerable. a person that had access to a lot of unanswered questions. yet that interrogation was cut short. i think again, if i had to surmise, the attorney general was concerned with all the talk with people like myself with senator graham and mccain calling for enemy combatant status, he wanted to end the debate righ...

Charging these necessarily using enemy combatant status against tsarnaev. >> sean: it is what it is. isnt it? now the next question. lets go to the miranda. youre an attorney, bill cunningham. was it a mistake to give a miranda, you have the right to remain silent, rights to this terrorist? >> i enjoyed listening to lindsey graham who said we can designate and later on change it. we have to because hes 19, probably emotionally immature, get as much information as is possible. hes got a federal p...

Martha: is it a different mood in this administration? i go back to the patriot laws and fisa searches and all of the things that should be able to kick in in a situation like this. if the russian government has alerted us to someone, shouldnt be we able to watch their cell phones, watch their computer activity, shouldnt that be going on? >> if you google terrorists you will find the older brother on the web, youtube video of him declaring war on us, saying were a christian nation. were infidels...

His rights, including right to remain silent. >> let me finish. let me finish. >> even if you started talking mirandizing, you can be salep. >> jay, the very thing that was cited -- he wasnt mirandizeed originally. that could have stayed. >> of course not. >> thats my point. >> the public safety exception. >> the public safety exception -- >> because they wanted to gather information. this is information gathering stage. let me explain one thing, the law is really clear because lindsay graham wr...

Was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the magazine and stated, i am serious. new york city mayor, rudy giuliani helped lead the nation out of 9/11 terror attacks and we i will be remembered for that going forward and rely on you for your expertise how you break down these things. a lot of people bush for enemy combatant status. the white house doesnt want to go...

His rights, including right to remain silent. >> let me finish. let me finish. >> even if you started talking mirandizing, you can be salep. >> jay, the very thing that was cited -- he wasnt mirandizeed originally. that could have stayed. >> of course not. >> thats my point. >> the public safety exception. >> the public safety exception -- >> because they wanted to gather information. this is information gathering stage. let me explain one thing, the law is really clear because lindsay graham wr...

Does the government change the status of this defendant? >> no, hes a u.s. citizen. he has presumption of innocence. some people get constitutional rights and some do not. theyve always focused on whether the person is a u.s. citizen as key factor here. what senator graham was talking about is pretty alarming. hes talking about enemy combatants which is -- >> suppose you go overseas to join al qaeda somewhere and youre with them. are you still an american under the law? >> my view you are. >> un...

For purpose of evidence gathering. >> under the law of war theres no right to legal counsel when youre being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling reporters it would try tsarnaev in federal court and no other options were considered. >> this is matter decide ode by the attend of yates and the attorney general. the whole national security team supports this deci...

To mirandize this guy and take advantage of the public safety exception and then he will be tried in federal court? >> the public safety exception doesnt apply here. public safety arose when there was a robbery in a supermarket and cops got there. he had an empty holster they gave him miranda rights. there is no imminent obvious threat. the public safety exception doesnt apply. its not necessary because the only sanction for not giving miranda warnings you dont get to use his admissions. we dont...