, after mirandizing, that he is revealing lots of things. >> you would think it would be encouraging but i'm not so sanguine about mirandizing him so quickly before congressman king mentioned it, the supreme court decisions that say you don't have to mirandize him and could be a military tribunal trial. let's face it. that is a very important question. i think we flubbed it with the christmas day bomber when we gave him his rights up front. with this individual, i did notice it was made clear in the statements by holder he was given those rights. quite frankly, i don't worry about it being thrown out in a court. i think we have to become more sophisticated extrapolating information from these individuals what they know and when they tell us. we shouldn't be that concerned, larry. i think it takes us down a wrong street and very dangerous to worry about that first. >> larry: all right. we'll be right back with our panels. time now for tonight's "larry king live" top 25 moment. what you're about to see is number four on my own personal list of

did they mirandize him? i know he is an american citizen, but still. what did you mean by "an american citizen but still"? >> if a person is an american citizen, you're less likely to give him your miranda rights there are supreme court cases if you are an american citizen, even though he is a citizen, they could withhold rights. i thought a mistake was made at christmas time at the christmas bombing is they gave him his miranda rights almost immediately. and i believe that the attorney general should consult with the director of national intelligence, the head of the cia and all really even overseas allies to see if there is any information that we feel we have to get. now they did not give him his miranda rights i understand for almost eight or nine hours. they used the exception under the law, and they have now given him his rights. i understand he has waived them. he has waiveded his rights and continued to talk. >> larry: so charlie, are you surprising they're getting all this information? >> no, but i am surprised that peter is saying that the at

citizenship doesn't come to play in mirandizing. this zomy argument that miranda only applies to citizens refuses do die. they didn't take that seriously. now that comes up here they want to get rid of the citizenship. >> washington editor of "the nation" identifying the zombie argument that won't die. thanks for your time. >>> there are still thousands of barrels of oil spewing in the gulf of mexico from the deep horizons well tonight. one critical question, what kind of oil is doing the spewing? of course, it is all bad when you are talking about a spill. i visited the man in charge of figuring out what is polluting the gulf and threatening the shore. we looked at oil from the spill. it was a pretty amazing thing to see and awesome illustration of applied geekiness in an actual kem lab. that story ahead, please do stay with us. [ cellphone rings ] what up, dawg! it's your mother. [ male announcer ] dunk or don't dunk. choose your side. called it "one of the best family cars of 2009." the insurance institute for highway safety call

and this issue about mirandizing the suspect.to white house correspondent savannah guthrie. san van na, here we are again. the obama administration is going to be under a microscope not only for handling of the case so far, but then the kind of new chapter of close inspection. justice system handling of the suspects after the cuffs are put on. >> reporter: no question about it. i think it's impossible to look at this case without looking at it through the prism of thes,+e we just experienced umar farouk abdulmutallab in december. he was a foreign-born person who flew into this country and was criticized wsh the administration was, because he was mirandized so soon. there are key differences here. even former senior intelligence officials from the bush administration i spoke to this morning said this may be a different case where the mirandizing may be appropriate because this was, after all, an american citizen. i thought it was very striking, and and dree ya highlighted it, this this news conference the undercurrent was from bo

a lot of times people don't talk to you whether you mirandize them or not. interrogation is a complicated process that members of the justice department are extremely well trained to do. i've heard some others suggesting that while only the military should do this, the military is no better and in many instances not as good at interrogation as the fbi and the justice department. they've been doing it for years with mafia families, with terrorists. they are well trained investigators. even after miranda, time and time again, they get quality information. i wish we would stop the obsession with that piece of this and really focus on some of the issues that you've raised. you know, the cooperation between agencies, how did this guy get on the plane, how did we catch him. those are the critical issues for our national security. >> at least to the broader issues, because here you have joe lieberman the chair of the senate's homeland security committee, he told fox he wants to revoke the citizenship of anyone accused of terror. in fact, let me play it. >> i think

in regards to the interrogation of this guy, mirandizing is one issue. the question i would have, did the cia have a crack at this guy also? we know the guy traveled back and forth to pakistan. cia interrogators might have pieces of information that might have been able to link him to different people and different organizations that backtrack to other people. and so for me, the question on interrogation is less about mirandizing, but it's really about a joint effort to get every piece of information you can get from this guy to see if there's other associates out there. >> you know what, michael brings up the point, bob, about whether or not this suspect was mirandized. there's already a debate within the conservative community, senator john mccain saying he should not have been even though he's a naturalized citizen, someone else, another big voice in that part of the conversation, says this guy's a citizen. we have to follow the constitution. is that going to be a big issue with obtaining information from him? >> i don't think so. i think the key here

obama administration seeking to mirandize some of the people going to trial.re is the exemption which is out there and so they were able to question him and talk to him and then they can mirandize him. the scariest thing for me would to have some of the convictions thrown out against a guy who was a u.s. citizen on u.s. land because someone didn't mirandize him. i want this guy in jail, i don't want him walking. so i think that's something we need to consider. >> and i have agree. and you have to understand that senator mccain is in a tough primary out in arizona and he's trying to convince conservatives he is one of them even though there are is a lot of examples that show he is not. and politicians do that. >> and we saw the first tuesday cycle leading up, and jim you were gone a couple of weeks and i'm sure that was dealing with clients looking to get re- elected or elected. >> that's right. i think dan coats, the former senator, came back in and won. but he didn't win convincingly. there was a state senator who at the very last minute some of the conservat

when you mirandize somebody, you shut them down and you potentially let other terrorist activities gose it goes to the same point, this week, the governor of arizona who signed into the law that we discussed so rapidly last week received in her office an envelope of white powdery substance. i don't know how much coverage there was on this incident of real terrorism or real law or whatever you want to call this, this is dangerous stuff. i'm not talking about the histrionics of the liberals, but this is what i think is fueling the fury of the electorate out there. events like spitting on a congressman or the calling -- using the n word, those events didn't happen. >> whoa. you're saying it didn't happen. there is no proof it didn't happen. you can't say it didn't happen. that's not true. >> the congress persons involved said it didn't happen. they said it didn't happen. >> no, they didn't. they didn't say that. look, this whole notion of the white powder stuff, we have seen nut cases do this when health care came up. we saw them do it when it came to the iraq war. we have people out the

as the attorney general noted, he was mirandized later and continued to cooperate. >> police used the vin number on the suv to track down shahzad. the number from the dashboard had been removed but they got the hidden vin number from the bottom of the car. that led them to the car owner who said she sold the car to shahzad three weeks ago. >>> stay tuned for continuing coverage of this story. we will talk with the director of the justice institute at community college about that bomb coming up in the next hour. >>> there may finally be a solution to stop the oil spill in the gulf of mexico from spreading. take a look at this giant steel and concrete box. there's one, and it's expected to move the oil away. a barge is expected to haul the dome through the oil leak. such domes have never been tried at this depth and because of the extreme water pressure. but if all goes well, the dome could be fired up next week to start funneling the oil into a tanker. stay tuned for continuing coverage of this story. we will talk with the director of the environment this maryland about the effects of

i don't care whether he's mirandized or not.d the terms of his oath -- >> david, let me interrupt. should he be stripped of his citizensh citizenship were before convicted, even while standing trial? >> i think he should be stripped of his citizenship, once convicted. but beyond that, i think the country -- and this was a good case for us, because the guy was seen before the miranda rights were applied. but what if we get the next guy who isn't cooperative and then we read him his miranda rights and we really don't understand what's going on? in that situation, i think the u.s. government ought to have a lot of latitude before it applies to miranda rights to some naturalized citizen. >> you know, you understand the theory of this and what joe lieberman is getting at and i agree with david on that. i think the question is the constitutional issues here. are naturalized citizens different from american-born citizens? when, in the process, would you be able to deprive him of his citizenship, if, as you point out, wolf, he's not con

>>mirand johnson -- miranda j ohnson talked about losing her nieces and nephew. all killed in a fire at his home in northeast. saturday afternoon, they invited neighbors to a fund-raiser in the same neighborhood where a memorial sit in front of a charter home that destroyed the family. >> it was a quick moving fire. there responded it 3:30. >> the fire started in the living room. all three children died from breathing in too much smoke. family members say even though the fire took three let -- three young lives, they will live on for ever in their memory. >> i have a picture of shana from my wedding. she is in a pink cowboy boots. i am going to buy pink cowboy boots to remember. >> it has not even yet home -- hiot home. every time i think about my old, i cannot even breathe. >> there is survived by their mother and a 10-year-old brother who was not home when the fire ripped through their house. >> the cost is $10. there is a trust fund also set up anna pnc -- at pnc bank. >> if you are in the job market, hear about any companies that could be looking for you. >>

i think that people have it wrong here on the mirandize in question. everyone arrested in the united states is afforded million rights. host: more of the front pages on all of this. "l.a. times" "officials cooperating with others in pakistan." "the denver post" has this headline, "bomb making training, taliban link still murky." cuff more headlines for you here. "orange county" goes through the timeline, a 53-hour race to an arrest. "no-fly list failed to stop suspect." kristin, good morning. caller: the thought of the state department taking away my citizenship makes my blood run cold. that is the craziest thing i've ever heard on your wonderful program. host: "in times square peter hoag stroke of michigan said that officials have long thought that al qaeda wanted to launch an attack and officials are seeing people acting independently after training with groups abroad." jeff, good morning. caller: good morning. i think it was going on here, there is a hidden agenda. a hidden domestic terrorism agenda. getting rid of habeas corpus and rights and every

. >> at some point during the course of a mirandized statement he began to describe the activity thatace in that apartment. >> george huguely admits to police there was an altercation. >> police officers first on the scene say love had a large bruise on the right side of her face. >> he admits shaking her. >> love's right eye was swollen shut. >> her head repeatedly hits the wall. >> there were also bruises and scrape on her chin. >> clearly these are admissions against his own self-interests and they're facts and circumstances that he's going to have to answer to. >> police saw the autopsy of yeardley love will not be released until there's an official report from the medical examiner. 22-year-old george huguely is charged with first degree murder in her death. >> straight out to melissa nealy, wchv. joining us from charlottesville. melissa, i understand quite a lot has happened in the last 24 hours. explain. >> yes, ma'am. apparently they had a warrant that turned up quite a few items in george huguely's apartment. one of them was a university of virginia lacrosse t-shirt with a red

. >> larry: the administration has been criticized for mirandizing the times square suspect and charging him as a civilian. did you ever waive a miranda, did you ever ask someone not to take it? what's your position? >> i think we got to learn from history. i think that treating these situations as criminal justice matters is just a mistake. it was a mistake that we should have learned from '93. we should have learned it later on. the bush administration treated some of these as civilian cases because the military option wasn't open to them because there was such confusion when the military courts were first established. now, this is a more complicated situation than the christmas day attempt. that terrorist was a foreigner. this guy has american citizenship. that complicates it. at the same time, you can declare him an enemy competent. you don't have to give him miranda warnings. you can question him for a very long period of time because i don't think we're going to need his confession to convict him. there's plenty of external evidence. i don't understand what his confession has been

. >> suffice to say he provided valuable information and as the attorney general noted he was mirandized later and continued to cooperate and provide valuable information. >> president obama saying if the aim of terrorism is to stoke fear this attempted attack failed in more ways than one. >> we know the aim of those who try to carry out these attacks is to force us to live in fear and thereby amplifying the effects of their attacks. as americans and as a nation, we will not be terrorized. we will not cower in fear. we will not be intimidated. we will be vigilant and we will work together and we will protect and defend the country we love to ensure a safe and prosperous future for our people. >> let's turn to michael sheehan, former counterterror official for the city of new york. thanks for coming in. >> thank you. >> what does this saga tell you about the quality of training being given at these so-called camps and the quality of the trainees? >> well, cleerm, the train yes was a good recruit, a naturalized citizen, a guy with a masters degree. he was able to travel. how he bungled thi

the search warrant affidavits that you have copies of, that at some point during the course of a mirandized statement, he began to give admissions against self-interests and describe the activities that took place in that apartment. and the facts are horrific. they're shocking. they're incomprehensible. they're unthinkable. and to witness that and particularly as a parent to look at the body of a young girl who, as you said, had so much to look forward to, it's just a terrible situation. and to have to sit here tonight and hear the graphic description of how her body was discovered and to think at home in a hotel room somewhere here tonight in charlottesville, her mom's hearing that. it's just completely troubling. and this is a very, sad, sad set of circumstances for an entire community. >> chief longo, everyone with us, chief timothy longo, the chief of the charlottesville police department. again, i am so glad you're with us, chief, because there have been so many reports out there about what really happened. but i'm looking now at one of the affidavits, and it's so disturbing because i

the concern is, as john mccain said, if he's mirandized too early they will get him to shut up. >> i do in every case everything possible to find out what we can from these charges of terrorism, they are terrorists before they are allowed to lawyer up and be told they have to remain silent. there's a difference when it comes to citizens and noncitizens. as tough as i believe we should be on terrorists, and as weak as i think the obama administration policies are we still have to make that differential between a citizen and noncitizen. the christmas day will bore should not have been given miranda warnings and allowed to have lawyers and told to remain silent. he is an enemy combatant, a terrorist without those rights. >> we'll leave it there. governor george pataki, thank you. >> thank you. >> vehicle recalls, important news to share. this is coming to us from general motors. let's make sure we get the details straight. it's pulling more than 126,000 hummer h 3 modelsocity road. there are now concerns part of the hood could detach from the vehicle while it's driving. recall involves

. >> that is a reference to december 25th christmas of 2009 when authorities mirandized the suspect inrwear bombing after only about an hour. according to many republicans, that was not enough time tof&dz out all the information they'd need. today we learned from authorities speaking a short time ago at the justice department led by the attorney general eric holder that they did gather information from this suspect. that he was cooperative. then they read him his miranda rights and he continued to be cooperative, providing them some new information. weighing in on this topic for us is the representative from michigan, the republican, mike rogers, who's joining me live. representative, congressman, i appreciate your time. you note a pattern in recent cases here. specifically nidal hasan, the ft. hood shooter. abdulmutallab, the underwear bomber. and now faisal shahzad. can you explain what that is? >> one of the things we're going to spend a lo of time worried about, should we do more surveillance cameras on the corner to catch them after the fact. we ought to really be debating what is

terror camp, arrests there, despite pete king's moronic quote, despite john mccain calling the mirandizingous mistake. general paul eaton saying king and mccain are putting american lives at risk and my special comment, what part of america does john mccain actually love? republicans push for more offshore drilling even as the cataclysm from the destroyed gulf rig gets worse and closer. nashville, fema arrives. 19 dead in tennessee alone. we go live. >> mother nature can be cruel and certainly she's dealt us a bad hand. >> "worsts" the latest lie from charles krauthammer. no successful attacks under bush. what were the anthrax letters, junk mail? and stuff my dad says. a parents is only as good as their dumbest kid. if one wins a nobel prize and the other gets robbed by a ok

we heard john mccain saying earlier today that there should not have been the mirandizing.o there's going to be a lot of focus on what some critics of the administration are going to be saying, republicans are raising a whole lot of issues. >> reporter: all about how you would then -- if someone is a naturalized citizen as was the case in the times square incident, could you pull away the citizenship to deny them some of the rights that we as american citizens would have. that's part of what is prompting lieberman's comments. and if you were even a natural born citizen and commit what they said could be an act of treason, would you then forfeit your citizenship benefits. and there was a discussion today that -- went into the fact that the citizen could be determined to be an enemy combatant, a classification that gives the government some different avenues to go through prosecution. so these are really tough issues because they go right to the heart of the constitution and right to current day events that have everyone on edge. andrea? >> kelly, thank you very much. roger c

however, when he was mirandized, he did admit to it.out if the sus in the attempted times square bombing is linked to a terrorist group and why they're paying close attention to his phone calls. [ female announcer ] in the grip of arthritis, back, or back joint pain? aspercreme breaks the grip, with maximum-strength medicine and no embarrassing odor. break the grip of pain with aspercreme. >>> erin andrews "dancing with the stars" outfit are criticized on "the view." we know she was the victim of a stalker and since appearing on "dancing" has received death threats. now elisabeth hasslebeck is receiving heat for saying her outfits were too reveal popping. >> a lot of people were ticked off about this. erin andrews said she was shocked by her comments. >> for the past, like, three weeks. she's been wearing next to nothing, okay? she's come in and i think in light of what happened and as a legal, and as inexcusable as it was for that horrific guy to try to go peep on her in her hotel room. if i'm like him, man, i could have waited 12 week

administration officials advocate for the widening of the public risk exception former randomizing -- for mirandizingeven american citizens. >> miranda came down when i was a prosecutor. i get a kick out of the number of police officers in vermont who will come up to may, pullout with the miranda warning. we had a case where we fail to get a conviction when we had given the memory and a warning when i was a prosecutor. most prosecutors, it does not really affect whether it will get a conviction or not. it has not been a hindrance. there was a case once where, in a burglary, they had caught the person in the act. the defense said, did you give them the miranda warning? " they had put the handcuffs on first and then they did. they ask them to put down the back the stolen money. i think the jury understood. thank you. congratulate solicitor general kagan on >> i want to congratulate solicitor general elena kagan. i expect that we will treat her with the same respect that we treated justice sotomayor last year. at the end of her confirmation process, then judge sotomayor recognized that she had been trea

. >> the part about mirandize ani, i agree with you.an declare an american citizen an enemy combatant. we should find legislation to refine that and define it well. >> let me just set the record straight from my perspective. the fourth circuit held that an american citizen could be held as an enemy combatant. we had case law that says that an american citizen -- the supreme court has yet to rule on this issue. it is my belief that the supreme court will allow the congress to write a lot to say that the homeland is part of the battlefield. i cannot imagine the supreme court of the united states and the home -- saying that the homeland is not part of the battlefield. they have responsibility under the constitution not to betray their country, and once you go down that road, then you should be viewed not as a common criminal but a military threat, and you cannot try and american citizen by military commission. they can be tried in federal court. there is a place for a federal court, and net charge of treason should always be on the table.

hearing yesterday but because he was cooperating with law enforcement and he was talking after he was mirandizedey decided not to. if he's cooperating let's let him keep talking, get more information. now they did put out a kind of a graphic, if you will, about what was in that nissan pathfinder yesterday, and we do know that there were three propane tanks, two five-gallon containers of gasoline, a couple of clocks with wires to the m-88s now and remember, yesterday, we were hearing 20 to 30. in the complaint 152 of these commercial fireworks. >> you know what i found really interesting here is about his communication with a prepaid cell phone. i mean how did that apparently help his cause? alleged cause? >> apparently when he was negotiating the sale buying this nissan that he drove down to times square the guy's daughter was talking to him on a prepaid cell phone, and they found out the cell phone number and they also found out, robin, that he had been talking to someone and receiving calls from pakistan during that same time. >> very interesting new information. >> very. >> mike brooks, thank

. >> was that a factor at all on when to mirandize him?>> well, the attorney general said he originally interviewed under a national security exemption and as i understand it the guidance was after checking with those in the intelligence community that that task was given to, again, those highly trained counterterrorism officials he waived that. at least when i was coming out, i was under the impression he was going to continue to be questioned. >> public safety -- >> do you know if the administration is considering stop drilling in the arctic? >> i'll check on that. do you have dates for -- let me -- test drilling in alaska? ok. let me check. >> is the national security exemption and the national public safety basically the same things? >> i meant to say public safety. i was in my head thinking the same thing. i have not created a new exemption. sorry. >> on the cost of the oil spill -- >> uh-huh. >> in terms of what b.p. is liable for. is it damages or are you keeping tabs on sending the coast guard, all the federal costs, the c-130's th