rudy guliani was on earlier today it would be mistake not to be. public defenders are rushing to defend the suspected marathon bomber if that is the case. faith jenkins on how this could go down. is it given if the justice department is set to announce charges, by definition he will not be treated as an enemy combatant? >> that could change as time goes on, but my opinion he won't be treated as an enemy combatant. i think the justice department will be prosecuted in federal court. there is no legal precedent that would say this young man who is an american citizen who committed a terrorist acted in boston on u.s. soil is now going to be taken out of the justice system and playing in order a military tribunal. there is no precedent for that. i don't think it's going to happen. >> neil: what if he had died and older brother, like number one, had lived who was not a u.s. citizen. he had not gotten his citizenship as his younger brother had, what would have happened? >> i think this act was committed here on u.s. soil in boston. you have also the famil

rudy guliani weighed in on that. >>> my instincts tell me they helped them with certain aspects of thishe area that heard sounds weeks before. who knows what and they were testing it out. very unlikely that the first time they detonated those two devices was right there. very unlikely they hadn't tested it before. very unlikely they wouldn't have been able to pull it off without help. f.b.i. is much better off going on hypothesis, there are other people involved. >> alisyn: we would like to hear all your thoughts. you can find us on twitter. let's get your headlines right now. >> could the accused born bomber be headed to guantanamo bay if he refuses to talk. there are discussions over the 19-year-old's future. in israel, chuck hagel was asked if the president would support to move him to the facility in cuba. they will not make any more decisions until more facts are released. there is no apparent tries to overseas organizations. dzhokar tsarnaev has not been read his miranda rights and he can be detained indefinitely on that safety exception. >> someone opened fire during a pot rally