Fox News reported this morning that some investigators are voicing concerns that they 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.
The exact timeline is unclear. A transcript of the court proceeding shows Bowler asking a doctor if Tsarnaev was “alert.”
“You can rouse him,” she says in the transcript.
“How are you feeling? Are you able to answer some questions?” the doctor asks Tsarnaev, who nods.
Although Bowler advised Tsarnaev, an ethnic Chechen and U.S. citizen, of his Miranda rights, it remains to be seen whether anything he told investigators before Bowler arrived can be admitted as evidence against him — or whether such interrogations would even be needed to convict him, given the amount of other evidence referenced in the criminal complaint signed by FBI Special Agent Daniel Genck.
Some Republican lawmakers have criticized the Obama administration for deciding against treating Tsarnaev as an enemy combatant, which would allow more time for interrogating him. The public safety exception to Miranda lasts only 48 hours.
The AP has talked to the same sources: “The officials tell the AP that Tsarnaev stopped talking altogether when he was advised of his constitutional right to remain silent.”
Boston Terror Investigation – FBI have to discontinue questioning after 16 hours – Megyn Kelly:
Oh my, I missed this, yesterday…
Via Gateway Pundit: The mom made some interesting comments on CNN:
“If they are going to kill him. I don’t care. My oldest son is killed, so I don’t care. I don’t care if my youngest son is going to be killed today. I want the world to hear this. And, I don’t care if I am going to get killed too. And I will say Allahu Akbar!“
Mom should always have been suspect for naming her oldest after a Muslim conqueror and ruler known for his brutality and tyranny. The name was considered a pejorative in Persia. I’ve heard it’s like naming your kid “Hitler” or “Stalin.”
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