Page 71 - Enemy Combatant News Today

They asked him where the weapon was and the court found that that didnt have to be excluded from court because the law enforcement had an obgings to protect the public. thats very much implicated here. we need to know if there are other bombs, booby traps. but if the interview turns to gathering incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they dont want ...

Stays direct to minimizing the emergency. really its focusing on other cell members and bombs that havent exploded. >> they have a fine line that they have to walk then. >> it is. >> the feds in handling that. eventually, hell have to be given, read his miranda rights and given the privilege of having an attorney, correct? >> there is another option on the table. one that we actually have discussed before the arrest was made. if there was a suspect captured alive. that option is the president of...

Struggle in dagisstan or chechnya. >> we believe one will recover and said to be in serious condition as of last night. we dont have an update as of today. i know you believe he shouldnt be treated as a enemy combatant. he earned a citizen why do you believe that, sir and should that position change? >> i think the administration is it taking the right approach, at this time they are using the public safety under the miranda to find out if there are other bombs or co-conspir ators or troops at r...

You have peter king, the congressman, who are saying, forget that. he should be treated as an enemy combatant. should it go that far? >> no. by the way, i am surprised at the lack of confidence in the american judicial system that some of these republican politicians show. we have tried and convicted among the worst and when they say hes an enemy combatant, at this point maybe they have a power. what enemy? on whose behalf are they doing that? the fact is they cant know that. they literally cant...

Interview him for intelligence gathering purposes, as long as the investigation goes on without a lawyer present and the way do you that is you declare him a potential enemy combatant. he will have a day in federal court before a judge to see if the government can hold him under that theory. there will be a habeas hearing, whether or not the government can hold him as an enemy combatant, but that comes down the road, too. so the way you find out about what this guy may have done and who he knows...

Aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evi...

Theyve uncovered evidence in the course of this investigation from monday through today that ties him into an international terrorists organization. if theres evidence along those lines that suggests that he has some powerful intel value to the united states, into our allies then we should designate him as an enemy combatant. if he doesnt, then he should be charged in an court. the crimes were horrific. it was a terrorist act, no question about it and he should be looking at the serious conseque...

They say that questioning could take weeks just to prepare the questions that are needed, and months before the intel gathering is completed. he said ultimately that the suspect would be entitled to a habeas hearing with appointment of capture, takes place within usually 30 days of capture, and that is the fairest way to go. ill give it to you on that, jay. >> i think hes right. i dont think its grandstanding. i disagree with my friend julian on that. senator graham is also a lieutenant colonel,...

Destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. theres an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. its an untested question. the government tried to do it in the case of jose padilla se...

Interrogation, a lengthy one without limits could be undertaken. would you agree with that? >> i know, i think its hard to judge from a distance, without greater information. so, no, i wouldnt be calling to treat him as an enemy combatant without more information. the consequence is, you treat him like an enemy combatant, you may have a longer interview that may or may not give you better information than if you mirandize him. but it poses a real problem, in terms of prosecutes him and bringing ...