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That's about as far from the paradigm of a military combatant that as a foreigner caught on a foreign battlefield as you can get. you know, i think there are two things involved with miranda here. one is when there's law enforcement, how long is that public safety exception before law enforcement has to advise the suspect of their rights. and the second is how soon do they have to present the person before the magistrate, and here it looks like that second issue, the presentment issue was pressing. when the magistrate said we're arraigning him on monday, basically that was going to be the end ...

Segment, as do the russians at this stage who clearly knew something was going on but did not share that information with the fbi. i think, you know, going back to those six months, seven months in russia, who was he meeting with, why was he meeting with them and what was he learning from them. because for me, the key issue, sort of the thing that's going to separate this from being a real national security problem, implicating russia and relations and what's going on abroad from another problem but a different one, which is he becomes radicalized through the internet, through his travels, thr...

Tonight a major boost in the bomb suspect's defense. judy clark is joining his legal team. she's represented the unabomber, eric rudolph and tucson shooter jared loughner. she's credited with saving them all from the death penalty. joining me for tonight's law and disorder, attorneys gloria allred and thomas meserowe. i can't think of two finer legal minds to discuss what is a complicated issue. start with you, tom, if i may. this whole issue of miranda rights, from where i look at it, he's entitled to the same rights as any other american citizen. whether people like the fact he's an american...

Tsarnaev would provide and shutting down the interview on sources of capitol hill may have put the country at greater risk. how does this happen? joining me now is andrew mccarthy, the diorlaw and count. a well-respected former federal prosecutor who put the blind sheikh who bombed 1993, world trade center, first bombing in jail. so you are a good man to talk to about how this works, you can lay it out. >> every presentment i was involved in -- presentment is the first appearance before a judge in court. >> megyn: that's what happened in the hospital. >> right. what happens is the prosecutor o...

Presentment of the suspect before a judge or magistrate might actually happen. we heard as recently as yesterday that authorities were contemplating a terrorism charge, most likely relating to use of weapons of mass destruction. there's also a possibility of a state murder charge as well, as well as a firearms charge, perhaps use of a firearm in commission of a felony, conspiracy certainly is out there because authorities allege that this suspect worked on all of this with his brother, wolf. >> and i want you to show our viewers, joe, some of the new video of the suspect's dramatic capture fri...