'This Week' Transcript: Holder and Giuliani

I've sent down representatives from the Justice Department to examine what our options are with regard to the activities that occurred there and whether or not there has been misfeasance, malfeasance on the part of BP or Oceana (ph).

So we're looking at that situation. But as I said, our primary focus at this point -- through our Department of Homeland Security, the Interior Department -- is really try to deal with the spill.

TAPPER: All right. That's all the time we have. Attorney General Eric Holder, thank you so much for coming by.

HOLDER: Well, thanks for having me. I appreciate it.

TAPPER: And joining me now from New York, former mayor and Republican presidential candidate, Rudy Giuliani. Mr. Mayor, thanks so much for joining us.

GIULIANI: Well, thank you, Jake.

TAPPER: Now, you're a former U.S. attorney. If you had been in charge of this investigation, what -- into Faisal Shahzad, what would you do differently, if anything?

GIULIANI: Well, I would not have given him Miranda warnings after just a couple of hours of questioning. I would have instead declared him an enemy combatant, asked the president to do that, and at the same time, that would have given us the opportunity to question him for a much longer period of time. Whether it works in the case of Shahzad or it doesn't, the reality is, the better policy is to give the intelligence agents who are going to question him the maximum amount of time to question him, to check out the credibility of what he's saying.

I mean, I don't know yet what the truth is here. We shouldn't. I mean, I think too much has been leaked about this, and the administration has talked too much about it, because the more you talk about it, the more you warn people in the Taliban to go hide somewhere.

When I was a prosecutor and associate attorney general, the last thing in the world I wanted to do is to have the other side figure out, you know, the information we had before we had a chance to act on it. So the reality is, just to figure -- just to get these guys to tell the truth and then to corroborate how much they're saying and for them to remember, it's going to take three, four, five days of questioning.

To cut it off after 30 or 40 minutes like they did in Detroit on Christmas Day or to cut it off after two or three hours doesn't make much sense. And if they think they need to change the law, well, my goodness, have some urgency about it and go do it. Don't just think about it.

TAPPER: So you support what Attorney General Holder had to say about going to Congress and trying to get an updated Miranda warning?

GIULIANI: I do. I do. I support it, but I really at this point am frustrated by the lack of urgency that is shown about these terrorism matters. I mean, we've had three now where we've seen, you know, big breakdowns: Fort Hood, Christmas Day, and now -- and now this one.

It's about time that we stopped thinking about it and we stopped studying it. I don't know how often the attorney general said he was studying things. How about we stop studying and we start doing things, like we change Miranda, like we fix what appears to be a policy of political correctness in which we missed every signal that related to Major Hasan and promoted him in the military?

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