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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 doesn't want to go there. is that a wise decision on their part. >> i don't think so. martha: why? >> the white house...

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 ...

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

For purpose of evidence gathering. >> under the law of war there's no right to legal counsel when you're 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 decision. >> to bring it down for you, the confusion comes over the venue. there is no way under the m...

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 doesn't 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 doesn't apply. it's not necessary because the only sanction for not giving miranda warnings you don't get to use his admissions. we don't need thinks admissions. you got his tape and admission to the carjacker that that was involved...