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Guantanamo and use a military commission, the person has to be a non-u.s. citizen, and of course the suspect here is a u.s. citizen. so this kind of talk has been thrown around. but there is no realistic possibility that this is a viable option. and as i say, as a practical matter, it's really something that has failed. i'm now in the private sector. and if i -- if someone came to me with a track record of the guantanamo military commissions, i think they would be fired, you know, at the get-go. >> one of the decisions that has been made thus far is that dzhokhar tsarnaev was mirandize ed toda...

Guantanamo and use a military commission, the person has to be a non-u.s. citizen, and of course the suspect here is a u.s. citizen. so this kind of talk has been thrown around. but there is no realistic possibility that this is a viable option. and as i say, as a practical matter, it's really something that has failed. i'm now in the private sector. and if i -- if someone came to me with a track record of the guantanamo military commissions, i think they would be fired, you know, at the get-go. >> one of the decisions that has been made thus far is that dzhokhar tsarnaev was mirandized today ...

That has failed. i'm now in the private sector. and if i -- if someone came to me with a track record of the guantanamo military commissions, i think they would be fired, you know, at the get-go. >> one of the decisions that has been made thus far is that dzhokhar tsarnaev was mirandized today at his initial court appearance when the judge and the defense attorney came to him. but this apparently was after he had responded to questions from investigators before he was read his rights. the administration is citing the public safety exemption from the miranda warning as being the justification f...

Terror suspect. professor, that has to raise just inord nant number of questions. what are your thoughts? >> as soon as a lawyer is appointed the law might begin to challenge that. you may say what's the harm, they have a videotape of him putting the bomb down, they have a statement he made or his co-defendant, his brother, made to the people who hijacked. but it may make a lot of difference. because in order to get the death penalty, they have to prove that he comes within the federal terrorism statute. and that requires very specific kinds of intentions behind the bombing. and if they get th...

I don't see how we can do this constitutionally. i understand that senator graham would like to prolong the interview and we all want to get as much information as we can but there are limits to what we can do and those limits apply in a situation of an american arrested for committing a heinous act like this on american soil so i don't think there's a constitutional legal basis. i also agree with dan collins. there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a c...