we've always had we've always had exceptions to when you mirandize people there is as you point out the exigent circumstances of the community at risk is the possible is it possible that if you were involved so once you get past that threshold once the resting officer the rest of the agency says everything's safe you know it's time to mirandize and they should go forward with it now this republican monitor of they did it too soon it was just absolutely the dull brain exactly the same dull brain argument you would expect from these are people who would extend this to where we have a hybrid and honestly this is what the republicans really want to accomplish these these naysayers these people that are just screaming about this miranda what they want tom is a hybrid something in between how we treat a regular american citizen and this citizen who we try to characterize is an enemy combatant because once you do that then all the other things go in place where we can put him away in a cell no questions asked that's where republicans would love to take us and fortunately for me he understands

him to begin with never should have said that he was talking a lot in that all of a sudden he's mirandized and immediately they come back into the room and he won't say anything that that tells a judge a lot about maybe what transpired so this is if you really think about it ultimately this comes down to a judge that hears the facts tries to weigh the facts in says did the did the government overreach in this situation i think once you get past the reasonable argument on exigent circumstances on the safety exception you look at the time frame of that you look at what a reasonable government investigator or the f.b.i. might have done it and you look at the reasonableness of the conduct a judge is going to say you know what you might have overreached here now and the same is speaking of the fourth and fifth amendment this is all about the fifth member of the fourth amendment our right to privacy a variation of the same the right to be secure in our in our persons our papers our our our residence. the president had threatened to veto cispa you know if it came down the line and he's sort of ri

why did the feds wait 16 hours before mirandizing him? go live to boston, copley square, boylston street, very near where the explosion happened at the finish of the boston marathon. live reports coming up here on cnn. it's our seafood dinner for two for just 25 dollars! a handcrafted seafood feast made to share. first you each get salad and unlimited cheddar bay biscuits. then choose two from a wide variety of chef-inspired entrées like our new honey garlic crispy shrimp or new seafood lover's linguini. round out your seafood dinner with your choice of either an appetizer or dessert to share! don't miss our seafood dinner for two, just $25 at red lobster, where we sea food differently. it's delicious. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. [ robert ] we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today a

not to church him or call him an enemy combatant or an unlawful belligerent and whether or not to mirandize him i mean that's what i eventually blew the whistle on was the fact that they would not let him see his lawyer and then when they eventually did mirandize him they told him but there are no lawyers here in afghanistan so this debate's been going on i feel like the law is pretty settled that you can't just designate someone an american in particular as an enemy combatant and do whatever you want with them you have to go to court and i think he is lawyers understood that this was going to eventually end up in court and that's why they finally let him charge him in this case they allowed him that do you think this debate is going maybe to lead to more division in the u.s. over cases like this who's going to win such a debate. right now unfortunately the people who've been dismantling our constitution and due process rights for defendants and for all american citizens and terms of civil rights and liberties they're going to be the loser in this case i think there will be renewed measures

when does the law enforcement agents, when do they have to mirandize him? i think they properly invoked the public safety exception. but the other is when does he have to be presented before the magistrate? the magistrate made clear it was going to arraign this person on monday and that made a real limit on how long the questioning could go on. already i think the statements that the suspect made are going to be challenged by the defense team. and while the priority has to be on making use of any information that could protect the public, it's also valuable to be able to admit those into evidence. if, for example, the attorney general decides to seek the death penalty, those may be -- his statements may be the best evidence of what his intent was, what his role was, how culpable he was. >> sure. we're told that he clammed up then though after reading the miranda rights. certainly i would. >> i was very surprised that they moved as quickly as they did. we had i think legal reasons and follow-up investigative reasons to drag this out a little bit longer. we c

if you mirandize this, we're turning this over to defense lawyers.efense lawyers aren't bad people, we don't want to turn our intelligence gathering over to them right now and this terrorist. that's where we are. >> well, this public safety exception about much was made late last week, it doesn't seem to matter too much. it doesn't seem to matter a hill of beans if they mirandize him today. it seems like, i hate to say this, it was a good story. they caught him. they nailed him. they got the rest of it in rapid time, given aid to the law enforcement process. >> i think we were all grateful he was captured alive, particularly because we wanted to understand whether there were future attacks planned and if he was tied to anyone else or any other organization, particularly a foreign terrorist organization. so this is -- i really think this is so wrong because we owe it to the american people to feind out what he know -- to find out what he knows, and to hold him accountable. we can do both here. unfortunately, their decision to go down the federal trial

you can always mirandize this individual but, the important thing is to get the information now.eter king is hot on the trail of at least five cases that he appears to talk about quite often where the fbi knew of a known terrorist and did not take action before they tried to carry out an act here at home. now we're going to talk to him next hour and we're going to pick up this topic with him but when you think about the cases that he has chronicled, is he right on that? >> this is where i think the committees of congress, peter sits on the homeland security, you have the judiciary committee, you have the intelligence committee, all of which will play some role here in determining whether the fbi dropped the ball or didn't drop the ball. there is a fine line. if you're in america and you have a legal status you're protected by american rights. and so it is a fine line that they have to walk and we're going to have to make a determination how well they walk that line. bill: if there are other matters we'll talk about in a moment. i appreciate you sticking around. speaker boehner, m

that was it and then they needed to mirandize him and read him his rights in terms of trying to call him an enemy combatant that is specifically so they would not have to mirandize him and we've seen that in other cases with who's a pretty. where they initially called him an enemy combatant and he didn't get to see a lawyer for some three and a half years so all along there's been this effort to treat him differently than we would an ordinary criminal who should be tried in federal criminal court it may be that his background that is when into this that's actually. leading into the events or leading into the conclusion that's how you know not even so much his background as immigrating from chechnya i think it was more discovering that he and his brother were both muslim and discovering that the brother not the actual to fight it but that the older brother had been watching radicalized video propaganda by actually watch the same stuff as part of my job. in national security and human rights so that doesn't necessarily mean you're a terrorist russia tried to warn the us try to tell the

so i would approach this with caution and as long as you mirandize the guy and lawyers come into the turning back. >> these are live pictures outside of the federal courthouse this boston and the truth is, folks, we don't know exactly what is happening in boston at this hour, but we know something is happening and there's a lot of action and we're going to hold tom over and kevin ware, a bomb expert after this break. >> fox news alert and the situation is unfolding in boston at this moment. you are looking the at live pictures overhead aerials of the boston federal courthouse. the reason we are looking at those and others, other news outlets have rushed to the scene, one presumes because the associated press has a report out not only has a suspect been arrested in connection with the boston marathon bombings, but that this suspect is being brought to the federal courthouse. that's not something fox news has confirmed and yet of course we're going to keep an eye on the courthouse and see if anything happens, if any news breaks, we're being told by our foxnews.com reporter that arrest

. >> the decision to mirandize him is one that the magistrate and totally consistent with the laws that we have. we had a two-day period we were able to question him under the public safety exception. i think everyone was done appropriately and we got leads. >> reporter: republican party king shooting back saying investigators may never find out whether others were involved and how the brothers became radicalized. >> the fact is that the fbi was only 16 hours into an i interrogation and got buto much more was -- still not there. eric holder now is saying he approved the interrogation being stopped is disgraceful because that interrogation could have ended up saving many american lives. we don't know what full consequences will be. >> reporter: king and other republicans say that hold corps have pushed to extend what is called the public safety exception torviewieading him his rights. not so says democrat adam schiff. >> f to interview as long as they can to get into what happened overseas and full nature of the plot. but the public safety exception only goes to protecting the informatio

the question is do we mirandize him or don't we? >> that's a mistake, too.e gotten bin laden without waterboarding, would we? >> that's a different question, whether or not torture is -- >> i don't view it as torture. >> wait. >> gave us the intelligence to get bin laden. >> the justice department -- we have no choice here, sean. they had no choice. >> no, they could have -- they could have -- >> with due respect, they could have treated him as an enemy combatant that doesn't prohibit trial in a civilian court system, it just gives us time to investigate. as sean just said we don't know how deep it is. they had a lot of explosives. how were they living the way they were living the last years without any notable source of income? what were they doing when they went back to russia or chechnya? those are questions -- >> tell me one thing they could have done -- they could have done if they designated an enemy combatant that they can't do now? one thing? the only difference is miranda. >> wait a minute. of the only difference -- that's a big difference. >> you k

we know that from our sources as well, he stopped giving information to the authorities since mirandized. of course, he was in and out of consciousness, so we don't know how much information he gave before being mirandized. many are saying of course he is motivated to say that they acted alone at this point in time. tsarnaev is in a hospital, moved there friday morning from a boston hospital where some of the bombing victims also were being treated. pamela brown is at the federal medical center. good morning to you. give our viewers a sense of what it's like there and especially what the conditions were when dzhokhar was brought to that city. >> reporter: dzhokhar tsarnaev was brought here by the u.s. marshal service. when he was brought here he went through what is called a in take process, and that includes a strip search and medical screening and psychological screening and from there he was fingerprinted and a photograph was taken and all of that was given to the fbi, we are told. that was followed by taking him to a restrictive part of the facility here behind me, and this restricte

catch the terrorists and don't allow individuals to be mirandized after only 16 hours of interrogationhat we know had the bomb and put it next to an eight-year-old kid. these statements that the attorney general made, which like you said, no one is going to argue with this as far as contextually. when you put it in the context of what the country is going through right now and the leads that came from russia and the complete intelligence failure that has taken place here, the attorney general getting onto platitude may make for a good sound bite, but it's not very good policy right now in the midst of what we're in. i think what he needs to be concentrate on is what he talked about in 2010, which is how to get better interrogation tech uniques and not maybe declaring this individual a criminal defendant. >> megyn: we're going to get to that point. julian, he's speaking to the antidefamation league, who fights anti-semitism and he's lecturing that group on how they can't be bigoted and we can't be ignorant and can't have a backlash against muslims. the context could be perceived by some

the rule of thumb is if you're in custody and you're being questioned, you have the right to be mirandized this public safety auspices of that they want to make sure people are safe. >> correct. >> with that outer -- >> and it's very limited. it's not like we're going to put you in a room -- >> two days? eight hours? >> i don't even think he's capable of talking at this point. so obviously if he's unconscious there's going to be a problem. but yes, they can talk to him as long as it takes to ask him all of the questions. however because it's limited it's not something that's going to take a week. did you have co-conspirators? are there bombs anywhere else? and he has the right not to say anything. >> kendall, this public safety exception. how long has that been in existence? is this something since 9/11? >> no, it was recognized in the 1980s, in the corals decision. but it's clear in the last couple of years the obama administration wants to take a broader view of it with respect to terrorism cases. you may recall the case involved the so-called christmas day bomber, the underwear bomber,

should mirandizing him have been held off for more questioning?, anderson, we have one legal system in this country and it was a good enough legal system to convict timothy mcveigh and charles manson and moussaoui. it will be good enough to convict dzhokhar tsarnaev. i'm mispronouncing his name but you get the idea. the idea that he thinks you have to create this whole new exception just for him is absurd. he was treated the appropriate way. he was questioned to see if there was any imminent threat to anyone out there in the world right now, and then he was given his miranda rights. that's normal. that's appropriate. there's no reason to think it should have been done any other way. >> but jeff, the congressman is suggesting that since he was mirandized, he has not cooperated with authorities. now, that is in fact the case the most important information he gave was before he was mirandized, none of that is admissible in court, correct? >> not necessarily. under the public safety exception, the court will weigh whether that statement was voluntary,

remember, mirandizing is making sure any of that information they get prior to that mirandizing that the subject might give them can't be used in court. i think i could make this case without a confession from this guy. there is a period of time we don't need his confession up front. we need the information he has to make sure america is safe. if we let the fbi do that the way i think they want to do it, that would be the right solution here and the right -- it would be prudent for the safety of bostonians and around the rest of the country. there's a lot we need to understand, about if this was a lone wolf sent back, or were there others sent back? that much we just don't know yet. >> can i pull this conversation out a little bit to talk about, as i framed at the beginning, did this change something? does it change how we think about securing america? mike chertoff, former secretary of homeland security, we go through the realities. i talked to you over the years. this is something that people in your line of work have been expecting for a long time after 9/11 and look at what our r

attorney and public defender was coming over that they were going positive mirandize the suspect?stunned because the judge had affirm ivl reached out, i'm going intervene in your interrogation. that is where the shock i think came from. so you can imagine they are thinking, our clock is ticking, we need to try to find out. are there more bombs or more people who want to build bombs? very clearly within the public safety exception. again, that is what was surprising to them. the other part of this, what did doj do? did they push back, hold a minute, we are using the exception here. we don't care if he confesses. this is about public safety. none of those discussions to my knowledge happened. that is why the f.b.i. left. i heard several pundits around and say the f.b.i. was done and left. it was a big deal. the f.b.i. folks on the ground they needed more time. they were finding inconsistencies in his statement. that is the time you start bill go rapport to build in. it was all done. that is very unfortunate. it challenges this policy notion you can have a intelligence for public saf

we're going it mirandize. it really is disturbing to me. it doesn't seem like there is anybody in charge of this whole thing. this is a huge story. should not be happening at this level. >> no, certainly it shouldn't. the cia was virtually bigging, according to what i hear to watch tamerlan tsarnaev. they knew he was a danger. the russians have been telling us the guy is a danger. the fbi didn't cover themselves in glory. dhs blew it off that younger brother is going to walk the streets a free man some day. >> bill: no he won't. >> it will be a while. >> bill: he will never get out. >> we appreciate it asking you to vote in bill o'reilly cot.com poll. do you believe the u.s. government is doing everything it can to protect us from terrorists? yes or no. give you results on monday. directly ahead laura ingraham tieing the terror bombing into the immigration debate. glenn beck says there should be a third suspect in custody in the boston terror case. beck will be here as well upcoming. >> bill: in the week in review from the ingraham angle se

should mirandizing him been held off for more questioning? >> you know, anderson, we have one legal system in this country, and it was a good enough legal system to convict timothy mcveigh and charles manson and zac moussaoui zacari moussaoui. they think they have to create an exception just for him and it's absurd. he was questioned to see if there is imminent threat to anyone in the world right now and then given his miranda rights. that's normal, that's appropriate and there's no reason to think it should have been done any other way. >> but jeff, the congressman is suggesting that since he was mirandized, he has not cooperated with authorities. if that is in fact the case, the most important information he gave was before he was mirandized. none of that is admissible in court, correct? >> well, not necessarily. i mean, under the public safety exception, the court will weigh whether that statement was voluntary, and that's a complex inquiry and i don't know how it will turn out. but yes, it may be true that he stopped cooperating after he

he had to be mirandized under the law of the u.s.ce public safety was no longer an issue, they were able to go -- the first mistake wasn't setting up a meeting between the judge and the fbi and the doctors and everybody else in the room that day. the first mistake was whether the united states paid close enough attention from the warning they got from russia. that's when you have to go back because russia doesn't pick up the phone -- russia does not pick up the phone. you better take it seriously when they do. you have to have this person on the radar to track their movements. >> you have that on that side. public safety, he mentioned. that's very limited in duration of analysis. once that expires, it starts to be die si territory, right? >> can you imagine this case being thrown out an technicality? that would be horrible. so that's a big issue. investigators are really running down leads. they do not believe these two brothers acted alone and they are looking at a handful of people who may have helped in connection with this. they'

he's been mirandized and as far as we know he's stop giving sort of substantive information. thanks so much. from "state of the union." >>> we're learning much more now about the prime suspect in those ricin letters sent to the president and two other public officials. he'll appear in court tomorrow to face charges. he was taken into custody in pup low, mississippi. >> reporter: the judge of a son here in lee county who received one of those ricin letters is telling us that he arrest is a step towards justice for his family. this is the man federal authorities now believe mailed three ricin-laced letters earlier this month to president obama, mississippi senator roger wicker and judge sadie holland. he is accused of "knowingly developing producing, stockpiling, possessing a biological agent for use as a weapon." that agent, according to the u.s. attorney's office was ricin. >> this could haven't devastating. very devastating. mom could have died. >> reporter: steve holland's mother is the mississippi judge who received one of the letters. dusky ran against him for a mississip

tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others would be looking to create a political issue in a way that looks to be, maybe they may not be intending this, looks to be grandstanding. >> what they say, julian, i heard senator graham earlier, they said the public safety issue is limited in time. maybe you only have 48 hours after he -- he said they need 30 days. they need a long time to come up with their questioning. clearly we have more to discuss. that's important. we'll hold you over and pick it up on the other side. >> all right. [ female announcer ] a classic meatloaf recipe from stouffer's starts with ground beef, onions and peppers baked in a ketchup glaze with savory gravy and mashed russet potatoes. what makes stouffer's meatloaf best of all? that moment you enjoy it at home. stouffer's. made with care, for you or your family. it only matters that it shows up and makes things better. in that spirit, verizon is proud to an

. >> the decision to mirandize him was one that the magistrate made and that was totally consistent with the laws that we have. we had a two-day period that we were able to question him under the public safety exception so i think everything was done appropriately and we got good leads. >> now, a lot of people are quite agitated about this, saying that he should have been tried as an enemy combatant or at the very least, the fbi should have had longer time than the apparent 16 hours they got with him, where they were getting lots of information but the moment he was read his miranda rights, the moment he got proper legal representation, down came the shutters. he said no more. do you go with eric holder on this or do you think there is cause for concern? >> no. i think the attorney general is quite right. there was never really a legal or constitutional basis to hold him as an enemy combatant. this is an american arrested on american soil for acts committed in america. that's about as far from the paradigm of a military combatant that as a foreigner caught on a foreign battlefield as you

the public defenders office says it will represent him and it will work to have tsarnaev mirandized.r the suspect's dead older brother tamerlan, his conduct before the attacks is raising red flags in the intelligence community after making at least one trip to russia, the most recent at the beginning of 2012 for six months, authorities say he set up a youtube account full of islamic postings and even images of bombs blowing up in high-rise buildings. russian investigators now claim he was on their radar. nbc news terrorism analyst evan coleman is joining me in studio. i want to thank you for being here. let's talk about radicalization, because we heard from former white house counterterrorism expert richard clark this morning. let's listen to what he had to say. >> how do you tell when someone gets radicalized? they're normal, they're happy kids in cambridge, then something happens. a switch is flipped. how can the fbi, how can homeland security notice when that happens? what i want to know is what did the russians do when he went back to russia? they had already said they were inter

they can ask him a lot of questions without mirandizing him, although we believe that he has been mirandized at this stage. and get information about him, about either impending threats or what hatched to his brother and what happened over the last week or years even. that doesn't need to be used against him in a court of law. that's what's so amazing about this complaint. the charge is not a terrorism charge. >> use of one weapon of mass destruction presumably because his brother used the other one. >> right. which is broadly defined in the law. it actually means any weapon that's not a firearm or firework. that's just a sort of way to think about it. and by doing that, all they really need is an evidentiary case. so the debate about whether -- and the government does these cases all the time. they're good at it, strong at it, and then you resolve it. putting it through some other system because, you know, he's a kind of person, a terrorist or you want to do is symbolically would not only raise all sorts of legal questions but essentially i would have to say symbolically undermine what make

he apparently is not cooperating with authorities as much as he had been before being mirandized and also they're looking for a laptop. let's start with his level of cooperation then we'll talk about the search for a laptop. how is he doing? is he cooperating at all? >> reporter: as of now we're not getting any updates on his medical condition only confirming that he remains at this medical facility. how long he will be here, we don't know. in terms of whether he's cooperating or whether he's talking to investigators or whether he's meeting with his lawyer, we also don't know the apss to nose specific questions, only from our official, one of my sources telling us that he certainly did provide a lot of information to invest garts before he was read his rights as had to be done when he was first charged. then he elected to have a lawyer present and not give me substantive information. and adding this, don, to what tom was saying earlier, some law enforcement officials have said that back in 2007 when they were looking at him and interviewing him and interviewing him family and friends

i think mirandizing him up front would be a horrible idea. it's my understanding that's not going to happen. i've had good conversations with the fbi. they're going to do their due diligence on the public safety portion. here's where the problem is. they're getting pressure from outside groups to actually do -- to do the mirandizing which is why we ought to let the fbi do their work. >> that was republican congressman mike rogers. he's head of the intelligence committee on the house side. he made the point that the administration will not mirandize the 19-year-old bombing suspect, at least not yet. first he's being questioned by a special interatirogation team o specific set of issues. anthony romero, executive director of the aclu. welcome to the show. >> hello, chuck. >> i want to start with this issue of miranda rights. you guys put out a release immediately saying there shouldn't even be the public safety exemption in this case. that we've already waited too long in reading him his rights. why is that? >> we recognize the importance of th

whether he's mirandized or not. too early to tell. it depends on the person he is and where he is as far as his thinking. we'll soon find out. hopefully he'll come out of this and we'll know. >> at least one family member, his uncle, encouraged him to not only turn himself in but cooperate and said he was a disgrace. thank you, terry. i really hope we talk ben. you've been so helpful to us here at fox. thank you. >> jamie, you're very welcome. thank you. >> eric. >>> jamie, the investigation going global from boston to moscow. both brothers were born in the russian republic of chechnya in it's a region with deep ties to extremism. authorities are investigating tamerlan's trip to russia and his posting of videos on the internet when he came back. john bolton, former ambassador to the united nations joinses as he does every sunday. good morning, ambassador. >> good morning, eric. glad to be with you. >> the chechnyan terrorists have the blood of hundreds on their hands. are they a threat to us? >> potentially they are. that's an importa

that's why they will ask him before they mirandize him. that's why they will employ that. >> i want to talk about the miranda point. i understand employing the public safety exemption to a certain point, they tell us we're safe. they told the people of boston and boston, you're safe. friday night we got the guy. but we need to use the public safety exemption because we may not be safe. i understand the thinking. but it is supposed to be limited and narrow. is it supposed to last this long? ar i pointed out earlier, the record is something like 50 minutes. now we're into several days. are we possibly compromising parts of the trial by not mirandizing him? are we opening the door to other people who might be arrested in the future? does the government have the right to suspend the rights of suspected criminals because they allege, without actual evidence, that there may be an ideological reason for what they committed? >> i don't think it is based on ideology. especially in the case of the young brother, we don't know what his motivations we

questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to one law enforcement official that has a concern. the concern is this -- we are finding more and more about his older brother who, obviously went overseas, there is questions about how he trained. he's obviously somebody who was a manipulated personality. we are learning how he took care of his wife and by some reports, somewhat forced her or pushed her strongly to converse. he obviously is someone, we are hearing about his nature, was someone who was somewhat aggressive. so the worry about a couple of law enforcement folks is that the younger brother may not have as much information as the older brother would have had. they will learn that as they continue to go forward. but now that he has been mirandized that, changes everything as well. >> thank you. after the firefight and running over his brother, dzhokhar tsarnaev took off. the manhunt for him was on. friday night, a tip from a homeowner sen

questions were asked of him before he was mirandized. they haven't said, of course, because it's part of the investigation, they around going to give away what he say. i talked to one law enforcement official that has a little built of concern. and the concern is this, that we are finding more and more about his older brother, who obviously went overseas. there's questions about how he trained and he was somebody who was a manipulative personality. withwe are learning how he tookr of his wife, and by some reports pushed her very strongly to convert etch obviously is somebody, as we are hearing reports about his nature you are, was someone who was somewhat aggressive. the worry about a couple law enforcement folks i have spoken to is the younger brother may not have as much information as the older brother would have had. that's something they will learn as we go forward. but now that he's been mirandized, that changes everything as. we. >> adam, thank you. after the fire fight and after running over his brother, he took off. a homeowner

after that is when he must be mirandized? >> right. there's this limited period that they can question him. and you're absolutely right. there are real questions about whether there are other ieds out there that need to be found for the safety of the people of boston. so one question here is, you know, what is the extent of the questioning that this intelligence team is going to do? because clearly they were set up for intelligence purposes, not just for finding ieds, for finding who his potential accomplices were, was he working with any -- under instructions from anybody else, all extremely legitimate questions, but they also are questions that by its very nature would be self-incriminating. anything he says along those lines, i was working with somebody, jeopardizes his own constitutional rights to remain silent. so all i'm saying is there are a lot of questions about the latitude and scope of this kind of questioning and there is going to be pushback about it. it's going to be very controversial. >> michael, quickly, getting word t

if we can we start arresting gang members in chicago and then not mirandizing them and then questioning them about the intricacies of the gangs in chicago and think that that's ok and how is that any different well if you do that that evidence is going to be suppressed in the explosion or oh i mean to be thrown out because the way that was gathered thing here is we can't confuse the fact that we did the miranda rights don't give you a right constitution gives your right american satirist citizen has a right not to incriminate themselves the miranda warnings were originally a prophylactic measure they were something that we did to try to ensure the voluntariness of statements and the corals exception or that the public safety exception is very narrow but you have to remember one of the things i don't think coming out a lot is in two thousand the supreme court in a surprising chief justice rehnquist and scalia dissented vigorously as you can imagine but it was one of those decisions they actually took the miranda warnings from being a measure to ensure a right to a constitutional rule and

he is hearing the interrogation of dzhokhar, was still going on when the court mirandized him. this is the knock on the way the case was handled by the obama administration. mike rogers. >> we can't have in a case like this, the judiciary deciding because it is on tv and it may look bad for them to allow the public safety exemption that is deemed legal by the united states supreme court that they were going to somehow intercede in this. it is confusing, horrible, god-awful policy and dangerous to the greater community. and we've got to get to the bottom of it and fix it right now. >> jim, do you agree with that? the argument by the congressman, the chairman committee, basically making the case. look, this guy is a dangerous fugitive, we picked him up. we know he is still in the process of committing crimes. we interview him, then we get around to getting him mirandized, here he said the judge showed up out of nowhere and basically stopped the interrogation, does that sound to you to be bad justice? bad law enforcement? >> well, we get right into, chris, the greatest things of o

from different people about how he may have stopped giving investigators information once he was mirandized. is that accurate? is that true? >> well, sources are telling me that the investigators and one official used this term were very thorough, that they got a lot of information from this young man before he was mirandized and was advised of his rights. now, while he is not talking substantively at this point, there is still communication and of course, over time, anderson, that can change and it's changed in past investigations, it could change again this time. used against police during the gun fight last week in watertown, involved an elbow where the army base used to be. jason carroll is there right now. he's outside federal medical center. you learned some new details about how tsarnaev was processed and handled when he got to the facility. what have you heard? >> reporter: well, basically what i can tell you, anderson, is that tsarnaev is in stable condition and doctors at beth israel as well as u.s. marshals decided he was stable enough to be able to be moved to this facility. hap

can you comment on the suspect being mirandized and whether that was appropriate?ion to mirandize him was one that t the -- and that was totally consistent with the laws that we have. we had a two-day period that we were able to question him under the public safety exception so i think everything was done appropriately and we got good leads. >> this is absolutely disgraceful, because that interrogation could have ended up saving many other american lives. we don't know what the full consequences are going to be. who else is involved. who was involved then, who could be involved in the future. we may not know because of eric holder. >> now, even though we know tsarnaev is now speaking and interacting with medical staff here, what we don't know is whether he's talking with investigators. prison officials won't tell us that. but now that he has representation, sources say that is highly unlikely. john? >> all right. pamela brown in devens, massachusetts. thanks so much, pamela. of course the investigation continues in devens, in boston where i am, and on the other sid

>> michael: i think absolutely he should have been mirandized and a week ago they decided hey, we'reng to close the gun show loophole and now look what we have got. so cenk we will be watching "the young turks" in a few mn minutes. >> thank you. >> michael: on this earth day we have some encouraging news about the state of our nation's energy supply. last week all of the energy came from solar. that is a first, even better no new dirty energy sources came online. our country's solar capacity has already doubled the amount that went online in 2012. that's a good start. if we're going to embrace clean energy, we'll need an army of scientists to lean on. president obama did his part today hosting the white house science fair. he even jumped on a stationary bike for a first-hand look at one project. president obama said now is the time to give scientists of all ages a shout out. >> obama: as a culture, we're great consumers of technology but we're not always properly respecting the people who are in the labs and, you know behind the scenes creating the stuff that we now take for granted.

they should have continued to question him and mirandize later.y more interested in protecting an impressing? this isn't a popularity contest. there is terrorists out there who want to kill us. all of us. >> greg: quell your coughing with a question about the crazy mom who looks like marty feldman on meth. why are we constantly listening to this women? why are we showing here? >> bob: i don't know. we could go the bellevue the psychiatric ward and get more information. one thing about the f.b.i. guy doing the investigation, this was a federal judge who did this. the f.b.i. said they didn't want to stop investigating or asking him questions. why didn't they go and say to the judge we are not buying this. we have rights to investigate the guy and call eric holder or the f.b.i.? >> kimberly: they had someone from there the d.o.j. and the federal magistrate. they big footed him. that is the problem. they didn't need to do that. why wouldn't you still get information. we knew. not only are they wanting to carry out a terror plot in new york. instead of