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by
Bryan Preston

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April 25, 2013 - 10:17 am

There are consequences to not treating a war like a war. The Obama administration’s insistence on treating the Boston bombings as a criminal matter has reportedly shut down the surviving bomber’s willingness to tell investigators what he knows.

The FBI filed a federal criminal complaint against the 19-year-old on Sunday, and federal District Court Judge Marianne Bowler arrived at the hospital where he is being treated to preside over his initial hearing Monday, when she read him his Miranda rights.

[FBI officials told The Associated Press Wednesday that Tsarnaev acknowledged to investigators his role in the attacks before he was advised of his constitutional rights. He reportedly said he was only recently recruited by his brother to be part of the attack.]

But Fox News’ sources say there was confusion about Bowler’s timing, with some voicing concerns that investigators were not given enough time to question Dzhokhar under the “public safety exception” invoked by the Justice Department.

Two officials with knowledge of the FBI briefing on Capitol Hill said the FBI was against stopping the investigators’ questioning and was stunned that the judge, Justice Department prosecutors and public defenders showed up, feeling valuable intelligence may have been sacrificed as a result.

The FBI had been questioning Tsarnaev for 16 hours before the judge called a start to the court proceeding, officials familiar with the Capitol Hill briefing told Fox News. Moreover, the FBI informed lawmakers that the suspect had been providing valuable intelligence, but stopped talking once the magistrate judge read him his rights.

We still don’t know where the brothers were radicalized, or how, or by whom. We don’t know if they were part of a larger operation, or whether they were activated by any person or group in the US or overseas. We don’t know how they obtained the expertise necessary to building a bomb. Yes, that knowledge was published by al Qaeda’s magazine. Reading articles about working with explosives and actually building explosives that work as designed are not the same thing.

The Obama administration proudly and defiantly announced that Tsarnaev would not be treated as an enemy combatant. Designating him as such would not have shut off his access to civilian trial or courts. It would have provided space to get him to talk and keep him talking. The Obama choice to shut off enemy combatant status was effectively a choice to give him the opportunity to shut up. He has taken that opportunity and run with it.

Question: Who organized the judge’s trip to the bomber’s hospital room? That didn’t happen by itself. Someone somewhere decided it was the right call, and organized it, and sent the judge in. Who? And why?

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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All Comments   (6)
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I have a completely different take. I think questioning him without Miranda prevents the prosecution from using anything he confesses to in court as well as any subsequent evidence turned up as a result of the confession. This effectively allows the Administration to block any type of public inquiry into Islamic terrorism in the US since it can claim it is the subject of an "ongoing investigation", the results of which will never see the light of day. This is a political benefit to the Democrats in 2014 since this can only hurt the Obama/Democrat claim that they have defeated al Qaeda and makes them look weak. This was also too effectively done, so I believe it was a plan put into place in case something like this happened. Obama's never going to allow Islam to be investigated in the US - this keeps the whole thing under wraps.
51 weeks ago
51 weeks ago Link To Comment
The "ongoing investigation" would be non-trial related, BTW. Real hush-hush, super secret stuff no one can hear.
51 weeks ago
51 weeks ago Link To Comment
This makes no sense to me. Why would Miranda stop him from talking? Why was he talking in the first place. He's not on our side and his cooperation is non sequitur. I suppose not understanding the Bill of Rights is a gap in the education received by young people today.
51 weeks ago
51 weeks ago Link To Comment
He is very young and from a repressive part of the world. He may have not realized his right to remain silent until reminded at that time. Regardless, any statements acquired prior to being Mirandized would be inadmissible in court unless they were spontaneous. If the prosecutor does not screw up, he will burn in the end.
51 weeks ago
51 weeks ago Link To Comment
But, given that he had admitted to the car-jacked driver that they were the bombers and the ample video evidence, a confession from him is unlikely to be necessary. So, the inadmissability of those statements in court is not all that important when compared to the value of the information in pursuing the leads generated by his statements.
51 weeks ago
51 weeks ago Link To Comment
Who? And why?

Our crooked DOJ is the who and cover-up is the why? They want to portray him as the 'lone gunman type" terrorist, not associated with any known groups, and what better way to be able to make this spin, to support their narrative that this administration has groups like this 'on the ropes'. than to give him an incentive to stop talking. Look for more of the same as the 'trial' goes forwarded.

This guy needs to go to GITMO and be introduced to some water and a board.
51 weeks ago
51 weeks ago Link To Comment
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