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Readed subject dzhokhar miranda warning and he slammed up. >> he was providing valuable information and then as soon as he was read his rights, he stopped this is what the fbi said. >> that's what the fbi said. >> bill: there is a fight between the fbi and justice department who is the fbi's boss? >> all we know for sure right now is that the assistant u.s. attorney on the case filed a criminal complaint on sunday and they went in and mirandized him on monday. >> bill: which will had to be under the order of holder i talked to the former attorney general of the united states michael mukasey on...

Readed subject dzhokhar miranda warning and he slammed up. >> he was providing valuable information and then as soon as he was read his rights, he stopped this is what the fbi said. >> that's what the fbi said. >> bill: there is a fight between the fbi and justice department who is the fbi's boss? >> all we know for sure right now is that the assistant u.s. attorney on the case filed a criminal complaint on sunday and they went in and mirandized him on monday. >> bill: which will had to be under the order of holder i talked to the former attorney general of the united states michael mukasey on...

Would allow the fbi to question this guy for perhaps a even longer period of time? >> let me tell you what the public safety exception says. the supreme court has one opinion and lasts for 10 seconds. lasts for the i'm time of the arrest. so the arresting officers can say, without giving miranda warning, where is the gun? is anybody else with you. eric holder on his own expanded that 10 seconds to 48 hours. one fbi agent filed the criminal complaint in boston while the other fbi agents were interrogating him in the hospital room. the right hand didn't know what the left hand was doing. bill: b...

Seems it wouldn't turn a person around. before we get to mike rogers, who's a critic of the way it was handled, is it your understanding when a person is giving their miranda rights, they're less likely, given the condition the suspect is in right now, less likely to talk than before they're given them? >> it happens that way sometimes but it also happens the other way. it's happened in terrorism cases. for example, the underwear bomber umarabdulmutallab was given the miranda warning. he blurted out the whole thing how he was trained, who trained him, names, dates. all of that. this happened i...

Of. >> do you agree with chairman rogers there? that the judge was out of line? >> i wouldn't agree that the judge was out of line. once the person is arraigned, athletic get their miranda warning. the decision was made to charge him and to actually arraign him. where i would agree with chairman rogers, we have not gotten a consistent policy from this administration about what they do and how they handle a terrorist suspect. whether it is on american soil or whether it is otherwise. this should be very simple. in this particular situation, what they should have done is they should have held hi...