t is against self-incrimination.you have a public safety xception or an enemy combatant status you are saying we will preserve that fifth amendment that nothing you say would self-incriminate will be used against you. separate. kept in a case lake this you could -- ike there you don't need a confession, you have so much evidence so you protect the self-incrimination and you can do this even with the public safety exception. federal official said he admitted to a role in the during the exempted questions. whether it could be admitted murky. it would have to be upheld by a judge who determined it was invoke and rule if the closely to public safety conditions and whether it needed given video and other evidence against mr. tsarnaev and his better was killed. to finish that thought, hina what is the main mission of that moment? that that ter evidence may not be able to be a later nst him in court? there are times reporting they may not need it with other evidence. does that change your perspective? guest: no, because my

sixth amendment right to a fair trial and speedy trial and fifth amendment's right against self-incrimination >> this guy ought to be interrogated in a very intense way. >> i'd waterboard him. >> i don't believe enhanced interrogation is torture. >> i downtown believe enhanced interrogation is torture because torture like tinker bells is based on who we believe. any freedom lovers want to take a crack at some of the lower ones, your third, your fourth. >> should the f.b.i. be allowed to go to mosques and wiretap and surveill. >> i think this is a great case for opening up that line of-- >> i think we should be able to put in listening devices in there. >> jon: sure, illegal search and seizure? done! the freedom lovers at fax are jettisoning amendments like han solo dumping cargo to make the imperial cruiser. you know what? anybody can toss away the lesser known amendments. only a true patriot can say the course straight for the first. >> i think we really have to consider given want fact so many people hate us that we're going to have to cut off muslim students to coming to this country for s

was finally read his miranda rights after already having provided possibly self incriminating information to federal officials the situation in the decision not to initially read him his miranda rights when he was arrested highlights the fact that we as a nation are once again on the edge of national is stereo today some are still suggesting that we have to balance our constitutional rights with security. and that it was a good thing we did so by not initially telling. of his joke our sunny of his fifth amendment rights as ben franklin so famously asserted if we're going to go down the road of compromising our rights for security will deserve and almost certainly end up with neither our fifth amendment rights are among our most important because they protect us from abuse of and by the one single institution that we have empowered to imprison and even kill us which is our government the government of the united states is an extraordinary and precious thing from its beginning is a noble experiment in freedom and democracy today but like all governments with the power to grant life and deat

dzhokhar sarnia was finally read his miranda rights after already having provided possibly self incriminating information to federal officials the situation in the decision not to initially read him or his miranda rights when he was arrested highlights the fact that we as a nation are once again on the edge of national is stereo today some are still suggesting that we have to balance our constitutional rights with security. and that it was a good thing we did so by not initially telling. of his joke our sunny of his fifth amendment rights as ben franklin so famously asserted if we're going to go down the road of compromising our rights for security will deserve and almost certainly end up with neither our fifth amendment rights are among our most important because they protect us from abuse of and by the one single institution that we have empowered to imprison and even kill us which is our government the government of the united states is an extraordinary and precious thing from its beginning is a noble experiment in freedom and democracy today but like all governments with the power to gran

represented by an attorney the fifth amendment right against self incrimination is among our most important constitutional protections because it protects us from abuse of and by the one single institution that we have empowered to imprison and even legally kill us our government but in certain situations for example when an individual in custody knows the whereabouts of a ticking bomb the supreme court has ruled the police can interrogate that individual before reminding him or her of their miranda rights this is the so-called public safety exception invoked by president obama on friday although a judge eventually read dzhokhar the start of the miranda rights warning on a monday if the i use the interim period before he was read his rights to interrogate the suspected bomber out of sardi has gone silent some republicans are arguing that he was mirandized too soon and i simply see earlier this afternoon mike rogers chairman of the house pointed committee on intelligence called the decision to reid's already have his rights dangerous and bad policy. when you're talking about weapons of mass

called to testify, but i would be advising him to assert his fifth amendment privilege against self-incriminationf a jury decides that murray isn't responsible and that aeg live is also responsible, it could cost billions. according to some reports, up to $40 billion. >> if the jury feels the family deserves $40 billion, that's what they're going to give. but i can tell you, no demand has been made by the jackson family for $40 billion from aeg. that is just not true. >> cnn's allen duke has been covering this case since jackson's death. >> a lot of this trial is going to be about how much would michael jackson have made if he had not died june 25th, 2009. michael could have camped out in vegas. that was part of his plan, to buy a house in vegas. that was part of his contract. and to stay there and do shows and other projects into his old years. >> aeg live attorney told me he believes the multi-billion dollar figure is absurd. to putnam, this case is about one thing and one thing only. did aeg live negligently hire dr. conrad murray? he denies that the company ever even employed murray. >> had h

called to testify, but i would be advising him to assert his fifth amendment privilege against self incriminationeporter: if a jury decides that murray isn't responsible and that aeg live is also responsible, it could cost billions. according to some reports, up to $40 billion. >> if the jury feels the family deserves $40 billion, that's what they're going to give. but i can tell you, no demand has been made by the jackson family for $40 billion from aeg. that is just not true. >> reporter: cnn's allen duke has been covering this case since jackson's death. >> a lot of this trial is going to be about how much would michael jackson have made if he had not died june 25th, 2009. that was his plan, to buy a house in vegas. that was part of his contract. and to stay there and do shows and other projects into his old years. >> reporter: aeg live attorney told me he believes the multi-billion dollar figure is absurd. to putnam, this case is about one thing and one thing only. did aeg live negligently hire dr. conrad murray. he denies that the company ever even employed murray. >> reporter: had he been h

he's inserted into the criminal justice system and read his quote, unquote rights against self incrimination the likely prospect is that he'll clam up. i'm not sure if we treat this as criminal justice matter we're going to learn about him or his now deeased brother. >> greta: will be interesting to see what does happen this, is a different town tonight after the capture. ambassador, thank you sir. >> thank you. >> greta: a 19-year-old suspect is a student at u mass dartmouth we have new information from there. eric joins us. >> the process to try to find out how he apparently was radicalized has begun tonight. in new bedford south of here just are into the case authorities confirmed to fox news three college aged students have been taken into custody at the university of massachusetts dartmouth university of massachusetts that is the college in which jahar is a student. it's believed these students may have been roommates at sometime two. men and a woman have been brought into custody we're told for questioning. we're also told by the police they're not under arrest but certainly part of th

thomas jefferson who wanted to change the fifth amendment, which has complicated language about self-incrimination. he wanted an outright vote against torture under all circumstances. torture is unconstitutional, illegal, in violation of every international treaty. should never under any circumstances be used. where i agree with him and said it would be used if we had a ticking bomb terrorist case. if we actually had a situation where the choice was between letting the bomb go off and killing thousands of people or torturing somebody, every president what allow, even this president, would not stop torture from occurring if that could save many, many lives. >> he kept guantanamo bay open, originally having said he would close it. >> we know the prime minister of australia said he would do it. very many political figures given that choice. that choice almost never presents itself certainly in a case like this where recaptured two people. no evidence it goes beyond this. the use of torture in a situation like this is absurd and unacceptable. >> if you open it up, the theatrics is good and did is what

it is against self-incrimination. if you have a public safety exception or an enemy combatant status you are saying we will preserve that fifth amendment right, nothing you say that would self-incriminate will be used against you. it will be kept separate. in a case lake this you could -- like there you don't need a confession, you have so much evidence so you protect the right against self-incrimination and you can do this even with the public safety exception. host: federal official said he admitted to a role in the bombings during the exempted questions. whether it could be admitted later is murky. it would have to be upheld by a judge who determined it was properly invoke and rule if the question hued closely to public safety conditions and whether it would be needed given video and other evidence against mr. tsarnaev and his better tamerlan who was killed. to finish that thought, hina shamsi, what is the main mission of that moment? does it matter that that evidence may not be able to be used against him in a lat

who actually wanted to change the fifth amendment which has very complicated language about self-incrimination wanted to have simply an outright prohibition against all torture under all circumstances. torture is unconstitutional, illegal, in violation of every international treaty, should never under any circumstances be used. where i agree with him is that it would be used if we actually had a ticking bomb terrorist case. if we actually had a situation where the choice was between letting a bomb go off and killing thousands of people or torturing somebody, every president would allow, even this president, who said he wouldn't, would not stop torture from occurring if that could save many, many lives. >> we know president obama would because he kept guantanamo bay open having campaigned originally to say he would close it. we know he would be prepared to do that. >> we know the former prime minister of australia said he would do it. very many political figures, given that choice. now, that choice almost never presents itself. certainly in a case like this where we've captured two people, ther

the fifth amendment rights against self-incrimination. he is a u.s. citizen, on u.s. soil.o the u.s. justice system. the u.s. supreme court has never said that someone who is an american who is captured here could be treated as an enemy combat tant. if you look at the record, we have a better record of prosecuting people in the u.s., criminal justice system than folks, i think it's 166 at guantanamo bay. so, when you look at all of this you think to yourself these guys are so unsympathetic. everybody on this show already assumes they're guilty. so who wants to say anything and support of them? but this impacts our rights as americans. every one of us. you cannot have unchecked powers for prosecutors, cops, f.b.i. without saying there will be abuses. there will be false confessions, false imprisonment. that's part of our record as americans. we have to guard against that. we should protect the constitution. >> chris: we also have to protect the homeland, bill. the question becomes is there an intelligence connection? are there other people involved? do we have enemies planni

the fifth amendment rights against self-incrimination. he is a u.s. citizen, on u.s. soil.e u.s. justice system. the u.s. supreme court has never said that someone who is an american who is captured here could be treated as an enemy combat tant. if you look at the record, we have a better record of prosecuting people in the u.s., criminal justice system than folks, i think it's 166 at guantanamo bay. so, when you look at all of this you think to yourself these guys are so unsympathetic. everybody on this show already assumes they're guilty. so who wants to say anything and support of them? but this impacts our rights as americans. every one of us. you cannot have unchecked powers for prosecutors, cops, f.b.i. without saying there will be abuses. there will be false confessions, false imprisonment. that's part of our record as americans. we have to guard against that. we should protect the constitution. >> chris: we also have to protect the homeland, bill. the question becomes is there an intelligence connection? are there other people involved? do we have enemies planning o

he has every right not to self-incrimination. i want to collect information about future terrorist activity. we have every right to question him apart from the criminal justice system to protect the rest of us. we have been doing that for a decade. >> you want to hold him for 30 days, debrief him and everything he says in that debriefing -- anything he says could not be used against him i. i don't want to hold him more than 30 days, but within 30 days, he can -- >> habeas corpus. the government has to prove beyond a reasonable doubt he's guilty of the crimes crimes andd him as an enemy combatant, you have a prpdz proponderrance of the evidence that he's in a terror group. >> you think a threshold has been met that he's part of a terrorist group. >> i would clearly say, this is a mas terror attack. they were clearly trying to kill as many americans as possible. they set bombs in a way to kill as many americans as possible. >> they tried to shoot the cops. they tried to throw bombs out of the car. the older brother was identified b

he has every right to not self incriminate when it comes to the criminal process. i want to collect information about future terrorist activity. we have every right to question him apart from the criminal justice system to protect the rest of us. we've been doing that for a decade. >> in other words, want to hold him for 30 days, debrief him and anything he says during the debriefing and he wouldn't have a lawyer present, anything he says then could not be used against him? >> i don't want to hold him for more than 30 days but within 30 days he can petition a judge. >> a habeas corpus. >> and say, hey, i'm not an enemy combatant. the government has to prove beyond a reasonable doubt that he's guilty of the crimes, and to hold him as an enemy combatant, they would have to prove by a preponderance of the evidence that you are tied to al-qaeda or affiliated groups. chechnyan groups are affiliated under our law. >> is it enough he visited chechnya. >> i think so. >> -- for two months for you to view that? >> if i'm the president of the united states, who makes this dec

>> as a matter of the constitution, chris, our fifth amendment right against self-incrimination, he'stizen on u.s. soil, so he has to be taken into the u.s. justice system. the u.s. supreme court has never said that someone who's an american who's captured here can be treated as an enemy combatant. if you look at the record, as it was pointed out earlier, we have a better record of prosecuting here in the u.s. criminal justice system, than we do with the 166 at guantanamo bay. when you look at all -- if you think to yourselves, these guys are so unsympathetic, everybody on this show already assumes they're guilty. who wants to say anything in support of them? this impacts our rights as americans, every one of us, and you cannot have unchecked powers for prosecutors, cops, fbi, without saying they're going to be abusive. you can have false confessions, false imprisonment, and that's part of our record as americans, and we have to guard against this. we have to protect our constitution. >> we also have to protect our homeland, and the question becomes is there an intelligence connection

>> i guess the real risk of self-incrimination i'm going to go ahead and say wall street expectationsmean, the company has done a fantastic job over the last decade with their product portfolio. and they've really come to dominate a couple markets. tablets, obviously, and smartphones as well. i think the biggest problem is that they've taken all the profits that are available there. and there just isn't room to grow once the market is saturated. >> bill, what do you nithink is going on? from the outside it would appear one of the knocks on apple right now is t innovation is more incremental than transformational. steve jobs is gone. should expectations be coming down anyway for this company? >> i think you're right, bill, the company has been a victim of its own success. they beat wall street expectations for over 30 quarters. i think lulled us all into believing that would extend forever. think about the stock at $700 in the fall. people were starting to bake in apple tv estimates, a china mobile deal, increased capital deployment. and you fast forward to today, the stock is at $400.

because there is a constitutional right against self-incrimination and miranda is a part of that if beingnterrogated by law enforcement. the failure to use miranda, assuming it was not used, and it should have been, means statements are subject to being excluded from use in court. >> right. >> there are exceptions to miranda, you've heard the famous one, the public safety exception that might apply. >> a window of 48 hours. obviously -- >> there's no time. >> doesn't have to be? >> no case from the supreme court of the united states that has set a time period for that. there's one case, new york versus quarrels where the statement made by the defendant without miranda was almost immediately after his arrest about a gun that he had just discarded. >> okay. >> that's the only case the supreme court has decided on. >> there's leeway. there is obviously in this situation, there were -- they don't know everything they could know about who went into the planning, was it coordinated, why did it happen? the idea that, they didn't give him miranda, none of this is worth anything is naive, right? >

should he get his miranda warnings against self-incrimination. tried in a is civilian court or military tribunal. before we go there let's start with the latest from the scene and why craig and a i immediately recognized the pressure cooker bombs. we have seen them many times before. here is craig's crime time report. >> reporter: the quiet streets of watertown became a war zone as the boston marathon bombers made their last stand here. homes can be seen riddled with bullets. this black mark from a pressure cooker bomb, one just like the one that was used to kill three people, wounding 180. >> there was two cars. black suv and a green looked like honda accord. had some bags that he was one of the guys was lighting things and throwing them. had fuses and they would explode but you also lots of shoot going on. >> brothers dhokhar 19 and 26-year-old tamerlan starr tsarnaev add to the marathon death toll, killing police officer shawn collier in cold blood. >> the police officer that was killed you said it was a massacre. >> assassination. he was shot

should he get his miranda warnings against self-incrimination. in a is civilian court or military tribunal. before we go there let's start with the latest from the scene and why craig and a i immediately recognized the pressure cooker bombs. we have seen them many times before. here is craig's crime time report. >> reporter: the quiet streets of watertown became a war zone as the boston marathon bombers made their last stand here. homes can be seen riddled with bullets. this black mark from a pressure cooker bomb, one just like the one that was used to kill three people, wounding 180. >> there was two cars. black suv and a green looked like honda accord. had some bags that he was one of the guys was lighting things and throwing them. had fuses and they would explode but you also lots of shoot going on. >> brothers dhokhar 19 and 26-year-old tamerlan starr tsarnaev add to the marathon death toll, killing police officer shawn collier in cold blood. >> the police officer that was killed you said it was a massacre. >> assassination. he was shot two t

should he get his miranda warnings against self-incrimination.n a is civilian court or military tribunal. before we go there let's start with the latest from the scene and why craig and a i immediately recognized the pressure cooker bombs. we have seen them many times before. here is craig's crime time report. >> reporter: the quiet streets of watertown became a war zone as the boston marathon bombers made their last stand here. homes can be seen riddled with bullets. this black mark from a pressure cooker bomb, one just like the one that was used to kill three people, wounding 180. >> there was two cars. black suv and a green looked like honda accord. had some bags that he was one of the guys was lighting things and throwing them. had fuses and they would explode but you also lots of shoot going on. >> brothers dhokhar 19 and 26-year-old tamerlan starr tsarnaev add to the marathon death toll, killing police officer shawn collier in cold blood. >> the police officer that was killed you said it was a massacre. >> assassination. he was shot two tim

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 that the fbi had his brother on their radar since 2011. what do you know about that? >> reporter: yeah. a rather interesting statement from the fbi this morning that they had gotten a report from a foreign intelligence agency about tamerlan as early as 2011 and actually investigated him, questioned him about radical jihadi sympathies. it came from the russian intelligence service, and the fbi says they found no evidence of criminal activities and basically let the matter stand. now, what's interesting is in january of 2012, after getting that report, after doing that investigation, he flies to russia for six months. and then returns to the cou

rights against self- incrimination, competent attorney, and so forth. right?o centuries of case law on what those mean. right now it is not known if any part of the bill of rights applies. the defense said that the judge needed to issue a ruling showing that the bill of rights presumptively applied and if it does not, it needed to be explained. ruleovernment said not to on that. what body ofn know law applies. whether it is the u.s. at --tution, if it is elements of international law, that is one of the reasons our proceedings go so slow. every question for there is an answer in a u.s. court martial, there is a rule book and we do not look into whether people agree with the answer or not. these commissions have to fight out a lot of threshold questions that have been answered, for moore worst. host: this from twitter -- guest of those are great questions. yes, there is a right to a speedy trial under the constitution, but speedy is relative. the federal courts have felt that people captured under this have felt that the speedy clock does not count in the same

you know rights against self-incrimination and to a competent attorney and so forth, right in and there is two centuries of case law from the united states supreme court interpreting what those protections mean. right now in military commissions it is unknown whether any part of the bill of rights applies. in fact, the defense made a motion saying, judge, military judge, please issue a ruling saying the bill of rights presumptively applies, and if the government says it shouldn't, they should have to explain why it shouldn't apply here. the government said, no, judge, don't even rule on that. it's premature, there's no need to get to that question now, and the military judge agreed. so we don't even know what body of law applies in military commissions, whether it's the united states constitution, whether it's -- what elements of international law apply. it's really unknown. and that's one of the reasons proceedings go so slowly, libby, because every question there's a rule book, and we have nowhere to look for the answer. whether people agree with the answer or not, it's kind of set up