Page 58 - Enemy Combatant News Today

Of student visas. are there going to be concerns here related to the boston attack that you think impacts the immigration debate? >> ill just put it on the line. ive been involved with the eight senators who have put this bill together, democrats and republicans. the worst thing we can do is nothing. if we do nothing, leaving 11 million people in the shadows, are not making our border safer, not having the information that comes from employment and these visa holders, we will be less safe in ame...

And tell me why its so important? >> sure. okay. i think most americans want two things to happen here, that he be brought to justice. i hope hes brought to trial in federal court. he will get a fair trial. the public defender who is assigned to him should vigorously defend this young man because he or she will be helping america. thats what we do in america. hell get all the rights associated with a federal court trial. hes an american citizen. im all for that, but most americans want to find o...

U.s. senators on both sides of the aisle feel very strongly about one point. >> when the public safety exception expires and it will here soon, this man in my view should be designated as a potential enemy combatant and we should be allowed to question him for intelligence gathering purposes to find out about future attacks and terrorist organizations that may exist that he has knowledge of and that evidence cannot be used against him at trial. that evidence is used to protect us as a nation. >>...

Moreover, we havent had much success in trying enemy combatants in our military commissions. criminal courts have been much more successful in the expeditious prosecution of terrorists. so this rush to want to proclaim him an enemy combatant and get embroiled in a system, frankly, that the supreme court has had problems with time after time, i think is a mistake. >> so representative, how then do you think he should be prosecuted? just as any other u.s. citizen in a civilian court? >> well, i th...

Circumstances would be contrary to our laws and may even jeopardize our efforts to prosecute him for his crimes. where do you stand on this, senator schumer? >> well, i think that the good news is is we dont need enemy combatant to get all the information we need out of him. number one, the one court that has ruled has allowed a lot of flexibility in the public safety exception before you mirandize somebody. but second, at any time whats called a h.i.g., a high value interrogation group composed...

Against him in trial. that evidence is used to protect us as a nation. any time we question him about his guilt or innocence, hes entitled to his miranda rights and a lawyer. but we have the right under our law -- ive been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter ...

Unconstitutional and i dont believe we he have a true basis to do this. i say interrogate the heck out of this guy -- >> i disagree. >> -- as long as it takes but lets have a trial. >> jay is absolutely, correct. he can be he designated an enemy combatant and get as much entell against as we can from him. >> it is up to the president. the president is not going to do it. lets deal with the cards we have. >> that doesnt mean he should dont it. he should do it. >> judge jeanine: based upon the way...

Him. >> you are allowing the taliban and al-qaeda and the people that hate you and me and what we stand for and the people that we love in this country, there has to be and i think and i respect you and i love what you say all the time. there has to be some respect for the constitution and i know you fight every day for the constitution. >> peter -- >> judge jeanine: the issue is that the federal court convictions are many in the years since 9/11 and in the military tribunal very few and they ha...

Points to a fundamental problem with thinking about mir randiesing. do we want a prosecution or an investigation to determine how deep the terrorist links might be and whether there were additional plans for terror activity. an awful load of weapons that the two possessed. the situation with the travel to russia. all miranda means and judge you know this, if there is a statement given by the defendant before he is mirandaizeed it may not be admissible. an evidencery point. affirmative defense to...

Under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we dont know if theres other devices. we dont know if theres other people. i think mirandizing him up front would be a horrible idea. >> so there are really a series of questions there. first, should he be treated as a criminal -- excuse me, as a -- i want to make sure i get it right, as an enemy combatant. that question we know the answer to at this point....