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Criminal or combatant: How will Dzhokhar Tsarnaev be classified?

http://twitter.com/#!/toddstarnes/status/325415958636277762

Sen. Lindsey Graham made waves earlier today by suggesting that the Obama administration carefully consider whether to treat Boston Marathon bombing suspect Dzhokhar Tsarnaev as a criminal or an enemy combatant. At the time, no one knew how soon that decision would have to be made, but it appears that Tsarnaev, now taken into custody, was read his Miranda rights and will be treated like any other criminal suspect … right?

OK, so Twitter is back to derp with conflicting reports on whether White Hat was read his Miranda rights.

— Nathan Wurtzel (@NathanWurtzel) April 20, 2013

This is pretty easy. He either was read them or he wasn’t. We can’t report this accurately?

— Nathan Wurtzel (@NathanWurtzel) April 20, 2013

Nope.

NBC News Reporting Suspect Read Miranda Rights. #bostonbombing

— Truth Tweeter (@redostoneage) April 20, 2013

There’s conflicting info re: Miranda warning. NBC says yes, ABC says no due to public safety exception. I get that, but it needs to happen.

— Jonathan Sacks (@JonathanSacks) April 20, 2013

NBC says he was read his miranda rights.

— Chris Hayes’ Bike (@JimmyPrinceton) April 20, 2013

No Miranda warning will be given to suspect, public safety exception is being invokved for limited and focused interrogation

— ABC News (@ABC) April 20, 2013

Justice Dept. official: suspect was not read Miranda rights yet because the gvmt is invoking the public safety exception to question him

— Steve Brusk (@stevebruskCNN) April 20, 2013

NBC reporting he’s been mirandized by FBI. twitter.com/adamsavader/st…ABC says no Miranda warning.twitter.com/ABC/status/325…

— Jessica Heddings (@JessicaHeddings) April 20, 2013

ABC and NBC have issued conflicting reports. Maybe CBS News’ Mark Knoller can settle this?

CBS’ Stephanie Lambidakis quotes Justice Dept official: No Miranda warning read to captured suspect. Govt invoking public safety exception.

— Mark Knoller (@markknoller) April 20, 2013

Public safety exception being cited for not reading Miranda rights.

— Sam Stein (@samsteinhp) April 20, 2013

NBC and CBS issuing conflicting reports about Miranda status of suspect. If obama admin does not issue Miranda it will be a massive screw up

— Mike Beasley (@MikeBeas) April 20, 2013

BREAKING: Obama administration will treat Tsarnaev as a criminal, not an enemy combatant: on.rt.com/9ay7qr

— RT (@RT_com) April 20, 2013

Just saw one national news outlet report that the suspect who was just caught alive will not be read his Miranda… fb.me/2jmocx0k2

— Michael Henrich (@HenrichNews) April 20, 2013

NBC reporting that the suspect has been read his Miranda rights. I’m sorry you didn’t get your authoritarian dictatorship, @grahamblog

— Joe Henchman (@jdhenchman) April 20, 2013

NBC reporting Obama admin will treat terrorist as a “criminal” and not enemy combatant. Will Obama allow him to lawyer up?

— Liz Cheney (@Liz_Cheney) April 20, 2013

@fspaceu @liz_cheney (1) He’s a US citizen; (2) he’s been convicted of nothing; (3) all people on US soil are protected by the Constitution

— Glenn Greenwald (@ggreenwald) April 20, 2013

A *very *short period of non-Miranda questioning is valid (is.gd/c1zDJR), but not an enlarged one (is.gd/YkDoeR)

— Glenn Greenwald (@ggreenwald) April 20, 2013

U.S. attorney Carmen Ortiz confirms at presser that public safety exception used, but that hospital treatment will come first. Nothing more.

— Jamil Smith (@JamilSmith) April 20, 2013

* * *

Update: Sen. Graham weighs in again.

The Law of War allows us to hold individual in this scenario as potential enemy combatant w/o Miranda warnings or appointment of counsel.

— Lindsey Graham (@GrahamBlog) April 20, 2013

@grahamblog keep digging. You’re hilarious.

— John Frazier (@Fraize) April 20, 2013

@grahamblog You are a disgrace to the US Senate.

— Alex Fajkowski (@thefaj) April 20, 2013

@grahamblog Why do you hate freedom? Why do you hate our constitution? How are you a senator when you are a traitor? cc @kathryndelong

— Stress N. Strain (@stressnstrain) April 20, 2013

.@grahamblogHe’s a US citizen on US soil and you — Congress — have not officially declared “war.” Go read our constitution. #p2 #topprog

— David Badash (@davidbadash) April 20, 2013

@grahamblogYou, sir, are too stupid to be a senator. You see “war” everywhere you look, and it is perverse. #asshole #watertown #oneboston

— Brian Linse (@linsefilm) April 20, 2013

So let’s selectively suspend 4th Amnd? MT: “@grahamblog: Law of War lets us hold him as potential enemy combatant w/o Miranda or counsel”

— Rick Sanchez (@RickSanchezTV) April 20, 2013

Why didnt u suggest this for suspect who sent ricin letter to Pres @barackobama? MT “@grahamblog: Law of War lets us hold ppl w/o Miranda.”

— Rick Sanchez (@RickSanchezTV) April 20, 2013

Will HIG interrogate suspect and if so, how long before they give him his Miranda warnings? 45 mins, 60, 75?

— Cully Stimson (@cullystimson) April 20, 2013

Did the terrorists win? Miranda Rights were not read to suspect as officials invoke “public safety exception” to Constitutional rights.

— Ashton Elijah (@ashtonelijah) April 20, 2013

Fuck, I really don’t see why not Mirandize him once he’s conscious and able to understand what’s going on. Don’t even let it be a question.

— Amanda Marcotte (@AmandaMarcotte) April 20, 2013

@amandamarcotte They will q him til they are satisfied there isn’t an imminent additional threat, then mirandize him a la underpants bomber.

— Michael Ditto (@janus303) April 20, 2013

@amandamarcotte @emptywheel Guessing they want to know if any bombs are still out there? That’s what the exception is for, yes?

— Kevin Lyda (@lyda) April 20, 2013

Point taken, tweeps. I’ll withhold judgment on the Miranda exception until we know how they used it, if they used it.

— Amanda Marcotte (@AmandaMarcotte) April 20, 2013

* * *

Update:

Sens Lindsey Graham & John McCain issue joint statement calling for US to treat Tsarnaev as an enemy combatant

— Jamie Dupree (@jamiedupree) April 20, 2013

Sen. Graham has issued a statement:

Just put out this statement with @senjohnmccain about #Boston suspect and #Miranda warning.facebook.com/USSenatorLinds…

— Lindsey Graham (@GrahamBlog) April 20, 2013

“We truly appreciate the hard work and dedication of our law enforcement and intelligence communities.

“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city. The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorist trying to injure, maim, and kill innocent Americans.

“Now that the suspect is in custody, the last thing we should want is for him to remain silent. It is absolutely vital the suspect be questioned for intelligence gathering purposes. We need to know about any possible future attacks which could take additional American lives. The least of our worries is a criminal trial which will likely be held years from now.

“Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel. Our goal at this critical juncture should be to gather intelligence and protect our nation from further attacks.

“We remain under threat from radical Islam and we hope the Obama Administration will seriously consider the enemy combatant option.

“We will stand behind the Administration if they decide to hold this suspect as an enemy combatant.”

Pete Williams on MSNBC says public safety exemption probably expires after 48 hours. Also that admin insists suspect going to civilian court

— Sam Seder (@SamSeder) April 20, 2013

Read more: http://twitchy.com/2013/04/19/criminal-or-combatant-how-will-dzhokhar-tsarnaev-be-classified/

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