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

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

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

professor dershowitz, thank you very much. >> professor dershowitz agrees with me, i love that. >> iyou when you're right. >> sunny, you're very intelligent and great at this. it is me. i have a problem when i interview the professor. that's why i needed you. but just to be fair to the investigation, there is a lot we don't know about whether or not there was a coordinated effort or connection. that's what is being investigated in d.c. thanks to you. we'll be back to you, i'm sure, on the future on this. >> thank you. >>> we'll take a break. when we come back, we have breaking news from memphis. a really stunni inning twist in another legal case. the man charged with sending ricin-laced letters to president obama and other officials has been released from custody. the question is why. we'll take a look when we come back. [ male announcer ] the first look is only the beginning. ♪ ♪ this is a stunning work of technology. ♪ this is the 2013 lexus es and the first-ever es hybrid. this is the pursuit of perfection. an8% every 10 years.age 40,d. we can start losing muscle -- wow. wow. but

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

a knee jerk reaction or allen dershowitz theory the longer we wait to mirandize him we can't use thisor court. >> is he going down either way. >> we don't know that. >> do whatever they want to do. the question is whether they go after. >> he is on camera dropping off the bag that has the bomb. i mean, news at 11:00, the most rookie prosecutor could convict this guy. suspects shameful. care more about the safety of the country. >> we didn't have a lot of time to talk about. this we need to also at least mention, brian, very quickly, the mom, off her rocker in dagestan who is coming back here and says this was all a big play. >> she says she came to america with her kids to be safe and america has killed my kids. i don't know what kind of drugs she is on. but and what her role is, but she evidently is the one who radicalized her son. >> welfare pays for it. >> got to go. one more thing is up next. >> bob: mushrooms. ♪ note ♪ girl vo: i'm pretty conservative. very logical thinker. (laughs) i'm telling you right now, the girl back at home would absolutely not have taken a zip line in the

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.