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That window of time because they're not getting anything from him? >> that's a good question that i won't speculate on without a legal background. i'll leave that one up to the master pete williams. but i can imagine there's got to be some sort of gray area there that some lawyer could look at. on that point, though, i think it's interesting, where we've gone now from, alex, is we've gone from this, all right, what exactly happened, to these real sort of questions surrounding the national security of this country, and how exactly these two individuals were able to go forward with what they ult...

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 don't know if there's other devices. we don't know if there's 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. the administration says no. should he be treated as a standard criminal defendant? that's the s...

Investigation, i'm joined by michael. first things first with regard to when some charges will be filed against tsarnaev and the things he'll be charged with. do you have any timeline for that? >> well, very good question, alex. i've been told this morning that we could expect charges possibly as early as noon. obviously that's come and gone. my latest information is that they are hoping to file the charges today. not definite that they will. there's further work, i'm told, that needs to be done relating to the investigation before they file this. this has been a moving target. we had been tol...

As one. so your thoughts on that? >> i don't think that that's going to happen. the obama administration has been clear, they're distancing themselves from that concept. you've got an american citizen. we don't have dzhokhar going abroad in training. his brother apparently did. but dzhokhar didn't. and dzhokhar is going to be tried as an individual on his own right. so i think the chances of this ending up as an enemy combatant are very small. >> but you've heard that because of high security concerns they would like to question him for a period of time, albeit briefly, before mirandizing him ...

The fbi and sources so far in the u.s. government have been a bit -- say they didn't get a lot of detail from the russian fsb about what it is that the russians thought was suspicious about tsarnaev. so that's clearly a big question here. and then also, a very big question is what -- who did he meet with while he was in chechnya? were there radical elements, radical jihadi figures that he met with and communicated with. because we do know that as soon as he comes back from russia, he creates that youtube account that's filled with these jihadi postings and videos. so there does seem to be a a ...