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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. it's unlawful enemy combatant status. then the geneva convention would apply and fall into a category outside of that. he wasn't in uniform. the advantage of it -- let's look at what this would give us. the advantage of holding him in that status doesn't seem apparent right now. there is no additional intelligence that would be gleaned from him that we're aware of and we have ...

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 right away and give him miranda warnings. >> megyn: the f.b.i. testified that they weren't done. they we...

Charging these necessarily using enemy combatant status against tsarnaev. >> sean: it is what it is. isn't it? now the next question. let's go to the miranda. you're 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 he's 19, probably emotionally immature, get as much information as is possible. he's got a federal public defender now. there is no way any more information is going to come out of the younger bo...

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, shouldn't be we able to watch their cell phones, watch their computer activity, shouldn't 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 we're a christian nation. we're infidels. how could the fbi after the interview in 2011 not pick up that traffic where this guy is visit...

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 wasn't mirandizeed originally. that could have stayed. >> of course not. >> that's 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 wrote the law. what he said is correct. you can declare him an enemy combatant and he will still be ...