Because the surviving Boston bomber, Dzhokhar Tsarnaev, is a U.S. citizen, trial before a military commission is not available under the Military Commissions Act. Indefinite detention as an enemy combatant was an option, but that appears to have been taken off the table by the Obama Administration. So the question is the extent and value of Miranda-free interrogation. Was Mr. Tsarnaev read his Miranda rights prematurely? And what should or could the FBI and the rest of the intelligence community have done in advance of the attack, if anything, to monitor or surveil the deceased suspect, Tamerlan Tsarnaev, in view of the request from Russia and the the elder Tsarnaev brother’s 2012 return trip?
- Mr. Andrew C. McCarthy, Executive Director, Philadelphia Freedom Center and Contributing Editor, National Review
- Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society