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Give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence peo...

Combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of w...

Department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound to the throat but he is responding to some questions to a team the federal investigators in writing. any indication as to what he is saying or maybe perhaps just what they are trying to get out of him at this point? >> right. they are questioning for just brief periods because of his medical condition and they say he is responding mostly in writing but not much. these are not highly detailed questions or answers. of course, the immed...

And i doubt he's probably ever committed any kind of violent crime in his life before he became mr. worldwide bomber here for attention, as s.e. pointed out. so you're basing your tactics and techniques on who he is. a 9-year-old guy who is not criminally sophisticated that has some sort of radicalized or been radicalized. i would say with his wounds, he is in a weakened state. very gentle. he won't be very heavy handed. there will be a little relationship building, small talk first. and nothing pressing and then we want to ask you a few questions. how about this? if this is done by pen and pa...

Talking about here. we're talking about the miranda warning. you have a right to remain silent. anything you say can be used against you. you have the right to a lawyer, all that stuff. what the united states government has decided to do is invoke an exception to that rule. which says that when there is a danger to public safety and you need to get answers quickly, you can get the answers without the miranda rights and still use that information in court. so when does the clock tick on that period of the public safety exception? the moment you make an arrest, the moment you begin an interrogat...