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Issued? >> that's stating it a little too broadly. i want to say i'm so glad you brought this up because everyone is paying attention to abortion and gun rights and re-lidges you liberties. but this is a case that at the center of the dispute is the famous miranda ruling. you have the right to remain silent. you have the right to have a lawyer. but it's not a question of whether you have to have the evidence withheld if you haven't been read the miranda rights. it's a question of whether someone who has not been read his miranda rights can bring an individual civil rights action against the of...

Recollection. they can't have it both ways. >> shepard: they're trying to. >> can't claim bostones back to normal and the public is not at risk and then say the guy is a risk. the purpose of the exception to the miranda rule is to protect police officers and those around the defendant at the time he is arrested. is that gun empty? y is the other gun? the other bomb? the type of excited utterrans someone would utter at the moment of arrest. it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to a...

Be careful of some of the statements in the hospital bed won't be suppressed? that is irrelevant? >> i agree, totally irrelevant. there is such a big deal made out of miarnd miarnd. if the government violates the miranda ruling. they don't need the statement in the first place. there is scientific evidence. there is eyewitness testimony. there is bombs being thrown out. >> gregg: and confession as a carjacker. >> you don't need those statements. the whole point of getting a statement is a tool to see what else is out there. >> gregg: other potential attacks, other co-conspirators that may stil...

This population, may some of them, a tiny, tiny minority, but it opens up the possibility that they can have u.s. passports, be in the united states, and do what shahzad did. >> you know, this case and the failed christmas day airliner bombing have called into question a 40-year-old law intended to protect the civil liberties of americans. the miranda ruling. you know, the right to remain silent, the right to an attorney, et cetera. critics have complained the obama administration has been too quick to provide that constitutional protection to terrorist suspects, denying investigators a chance...

Well integrated, very productive, prosperous, et cetera. it opens up the elements within this group, this population, may some of them, a tiny, tiny, tiny minority, but it opens up the possibility that they can have u.s. passports be in the united states, and do what shahzad did. >> you know, this case and the failed christmas day airliner bombing have called into questions a 40-year law intended to protect the civil liberties of americans. miranda ruling, right to remain say lent, right to an attorney, et cetera. critics complain the obama administration is too quick to provide that constitut...