angie's list -- reviews you can trust. >>> back now with alan dershowitz.ould have been back with senator greg ball from new york. unfortunately, he has left the building rather surprising for a man who described himself as a great red-blooded american who was going to hand me my british -- anyway, he's shown cowardice in the face of the ongoing debate and has left. there weave it. alan dershowitz, the points i was trying to make to the senator in the middle of his extraordinary ranting was that you would fundamentally change the way that america behaves in these situations when you have an american citizen as dzhokhar tsarnaev is and he commits a crime on american soil. if you start to regularly torture people in that circumstance, you're changing everything. >> absolutely. even if you treat him as an enemy combatant and deny him his right to a jury, his right to counsel, clearly you are changing everything because where does it stop? where are the limits? he hasn't even been indicted for a terrorism crime. he's been indicted for a crime that anybody can b

again, jeffrey toobin, alan dershowitz, invaluable information.look forward to what we're going to do about this in seeking justice for this town and america. we talked about the possible charges, what about the defense? if you were one of the public defenders likely to get this case slamming on your desk, what are the kinds of things you could bring up? what about his brother, tamerlan, and the radicalization? is it possible this could be a major defense for the younger brother? will there be finger pointing towards the dead brother? and will it be effective? could it be effective? we'll take a look at that in just a moment. everyone's retirement dream is different; how we get there is not. we're americans. we work. we plan. ameriprise advisors can help you like they've helped millions of others. to help you retire your way, with confidence. ♪ that's what ameriprise financial does. that's what they can do with you. let's get to work. ameriprise financial. more within reach. it's lots of things. all waking up. ♪ becoming part of the global phenome

jeffrey toobin, alan dershowitz. what is going to happen now procedurally that they've got him under arrest and have him alive? >> there are two big questions right away. first, he got his miranda warnings. did he talk to the police. that is a very important question because obviously, we want to know what he knew and why he did what he did. if he got the miranda warnings as we expect, he will have made that decision. is he in physical condition to talk to the police. that is an issue we don't know about. he will then be arraigned. he will then be taken to a court, maybe tomorrow, maybe monday. again, that depends on his health. he'll get a lawyer. there will be a decision made about bail. obviously he's not getting out on bail. but at that point, the legal proceeding will begin. a 30-day deadline will go into place and a grand jury will hear evidence and he will be indicted in the next 30 days. those are the first legal steps. >> amid the jubilation we should remember the lives that were so brutally cut down. three

with me now is alan dershowitz.thing he'll do is challenge federal jurisdiction. he's going to say this is an ordinary murder, the killing of the policeman and the shooting of the other policeman doesn't seem to be part of any terrorism. the federal terrorism statute generally applies to international terrorism. we have no evidence at the moment of that. it requires that the intention be to coerce the government. it has a whole series of things that make it into terrorism. the lawyers will challenge whether this is federal because they'd rather have it be a state charge, no death penalty in massachusetts, yes, federal death penalty but there has to be federal jurisdiction. >> if they win and he is found guilty in massachusetts under their state law, what will happen? >> life imprisonment in massachusetts. the other thing they could probably charge is conspiracy to murder. we don't know precisely what this man did distinguished from his brother. >> the running theme today seems to be the older brothers with a dominee

i want to you listen to what alan dershowitz said. >> the government made a mistake claiming the exceptionice said there's no public safety, it's solved, it's over, there are no further threats but the fbi are saying there are enough further threats to justify an exception to miranda. they should have given him miranda. >> he raises an interesting conundrum, the police hours before said the streets are safe at least you don't have to shelter indoors anymore and two hours later they're claiming a public safety exemption not reading him his miranda warnings. do you see this as a contradiction or a mistake? >> i see a big controversy brewing here but the thing i want to start out by saying is that the miranda decision is widely misunderstood. lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed.

let's bring in the redoubtable harvard law professor alan dershowitz and cnn legal analyst, one of mysunny hostin. sunny, thank you to both of you, first of all, great to have you here. i needed you both. i needed you, sunny, i know if i go head to head with the professor, it will be a long day for me. i'm happy to have you here. you're a former federal prosecutor. you look at this initial appearance, is there anything about it that struck you after reading the transcript? >> you know, it strikes me as being sort of the type of hearing that we generally see in federal court for a first appearance where the defendant is read his or her rights, the right to remain silent, the right to counsel. couple of things were a bit interesting in that he had provisionally been appointed by this magistrate judge a federal public defender. so he sort of went in there already, though being advised of his right to counsel, with a lawyer. i thought that was interesting. i thought it also interesting, chris, that he agreed to voluntary detention. sometimes there after a first appearance there is discuss