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In surgery. but at some point, he will be, he will be out of surgery and be able to be questioned and he will not, he will not receive miranda warnings right away. there is a people court case that says there is a public safety exception to the miranda rule. of course the miranda rule, which everybody is familiar with, is that whenever someone is arrested in the united states, that i are informed they have the right to remain silent. >> that i have the right to an attorney, in terrorism, in irks iss where public east is at issue, here, of course, it clearly is, the police are allowed to ask at...

Engagement with our department of justice and the department of justice was not very aggressive in trying to stop them from doing this until the fbi said we have all the information we might need to keep the public safe. that's very, very concerning and we better get this right in a hurry. this investigation may take over turns and we need to make sure that the court doesn't believe that they are now in the position to intercede in that public safety administration of an interrogation. that's really dangerous and concerning, especially when the fbi will tell you, we weren't quite finished with...

It was open-ended. this period of the exception. and that the federal magistrate arrived. tell me what your concerns are. what have you heard? >> i certainly never saw this in my law enforcement career and i understand for officers who have been in, agents who have been in over 25 years, say they've never seen anything like this. that the court proactively calls up as early as over the weekend and said, hey, we're going to come down and do the arraignment and mirandaize. because we see on television he may be getting what's called the public safety exception to the miranda rule. meaning that w...

Presumably before anything significant can be done. if he's communicating right now, he's not been read his miranda rights, but he's writing answers to questions. what do you make of that from the legal perspective, that he's at least giving some answers to the fbi? >> that suggests his arraignment will be held soon. he can't be arraigned if he can't understand what's going on. he has to be able to be told what the charges are. he has to be given a lawyer. he has to communicate with his lawyer. if he's writing, that does suggest he is capable of undergoing an arraignment. they can take place a...

Information that is needed for the prosecution in a way that preserves it as evidence. >> mike, katty kay here, i wonder if you thought this was a case that was justified in having the public safety exception and delaying the reading of the miranda rights. because if there is one, this would seem to be it. the fact that they carried on throwing explosives out of the car they were being chased in. the possibility that they were mounting another attack. i mean does it seem to you legitimate that the publt safety exception should be used in this particular incidence? >> sure, there is a public sa...