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Federal Bureau of Investigation/AP
A federal magistrate judge has set off a firestorm of criticism for ending the interrogation of the surviving Boston Marathon bombing suspect before, lawmakers contend, law enforcement officials had concluded their initial interview.
On Monday morning, Magistrate Judge Marianne B. Bowler visited Dzhokhar Tsarnaev’s hospital bedside to preside over his first court appearance, reading him his Miranda rights and informing him of his right to remain silent. That ended the suspect’s cooperation in questioning that the Department of Justice’s High-Value Interrogation Group had begun under a public safety exception to Miranda, when it can legally question a suspect without a lawyer present.
Tsarnaev, a naturalized U.S. citizen, had only just begun answering questions in writing.
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“He stopped cooperating,” Rep. Mike Rogers, chairman of the House Intelligence committee, said today. “The FBI will tell you, they don’t believe that they got the information, all the information that they would have liked about the public safety factor in the interrogation.”
Following a classified briefing Wednesday evening, Rogers, a former FBI special agent, sent a letter to Attorney General Eric Holder seeking an explanation into Bowler’s actions, which he suggested may have been “sua sponte” — of one’s own will – and not fully coordinated with law enforcement officials conducting the interrogation.
“We have to piece together, were there other people involved,” Rogers, R-Mich., told ABC News today. “We were in an interview trying to develop that rapport with this individual so that they would tell us if there is a public safety concern here with other bombs and other individuals. Now we just won’t know.”
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Rep. Pete King, who also sits on the Intelligence committee, pointed to a slate of questions the FBI was unable to ask, including whether there were additional co-conspirators, other explosives or whether there was any foreign connection or training.
“The interrogation ended, and yet my understanding is that the FBI wanted to continue doing it,” said King. ”This certainly was cut short and why it was done by the attorney general and why the FBI wasn’t notified about it in advance, why it wasn’t discussed, I just don’t have the answer.”
DOJ officials maintain that the surviving suspect’s silence has not impacted their ability to prosecute the suspect, and they contend nothing precludes the suspect from agreeing to take more questions in the future.
“Consistent with the Rules of Criminal Procedure, following the filing of the criminal complaint in this matter on Sunday, the Court, that evening, scheduled an initial appearance for Monday, which it then coordinated with the prosecutors, federal defender, court reporter, U.S. Marshal Service and the hospital,” DOJ spokesperson Dean Boyd said. “The Rules of Criminal Procedure require the Court to advise the defendant of his right to silence and his right to counsel during the Initial Appearance. The prosecutors and FBI agents in Boston were advised of the scheduled initial appearance in advance of its occurrence.”
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King also criticized the FBI for not notifying New York officials until Wednesday night that the brothers had intended to continue their carnage in Times Square.
“If the ultimate target was to hit New York, New York should have been warned, should have been on notice and should have been ready to take whatever action they had to,” King said. “We have to find out why the FBI did not notify N.Y.C. immediately as soon as they heard that there was a possible attack against Times Square.”
“For us not to be told immediately, once there was even a hint of a threat against Times Square and against Manhattan, again we need a real explanation on this, what went wrong,” he continued. “I thought in a post-9/11 world, there would be instant communication, instant sharing of information.”
ABC News’ Pierre Thomas contributed to this report
Eric Holder and Obama have put our nation in jepordy. There will be more attacks because of their decision to protect this terrorist. Just like the terrorist at Fort Hood, they are protecting him too. Why would they do such a thing?
Posted by: Star | April 25, 2013, 7:54 pm 7:54 pm
The kid can’t talk, can only write even though they said he had a wound in his hand(?), was either in a severe pain if painkillers were withheld long enough to make him lucid or may not have even known what he was saying if he still had enough painkillers in his system. The judge was right. The lawmakers and law enforcement were wrong on this one. As far as more attacks? That’s probably a possibility but future attacks are unlikely to be linked to these two because one of them is dead and the other is badly incapacitated due to law enforcement’s own actions when they shot up the boat.
Posted by: whatever | April 25, 2013, 8:16 pm 8:16 pm
Wow… our tax dollars at work again…. and this “judge” has a lifetime appointment.
Posted by: alexandria | April 25, 2013, 8:17 pm 8:17 pm
Adding that I like law and order as much as everyone else but I don’t appreciate it when the law enforcement tries to take short cuts with or circumvent the legal system.
Posted by: whatever | April 25, 2013, 8:19 pm 8:19 pm
No…that’s not it at all. All you have is Republican blowhards….pandering to their right wing…and the cameras. I saw Mike Rogers’ “rant”. It was as hollow and shallow as he is. The thing that Rogers and King always ‘count on’…is the public’s lack of awareness and/or knowledfge as to what really occured. This…Party has been the most ‘disingenuous’ political panderers….that I have ever seen in my lifetime.
Posted by: CND FOX | April 25, 2013, 8:27 pm 8:27 pm
Lawmakers have overstepped their bounds. They are elected to make laws. It’s the executive branch that is law enforcement. The Judical branch (judges) decide if the law is followed. Lawmakers get back to the job you are being paid to do. Should you want to be in law enforcement or judicial then quit the job you are being paid to do and seek out your preferred occupation,
Posted by: Debbie | April 25, 2013, 8:40 pm 8:40 pm
This….Party has been the most ‘disingenuous’ political panderers….that I have ever seen in my lifetime.—————I like to refer to them as pure scum of the lowest order . Of course , I’m trying to be kind . If I said what I really thought of them I’d have to start up my own forum or something .
Posted by: davem | April 25, 2013, 8:42 pm 8:42 pm
Come on everyone. Obama and Holder have this planned to the letter. He should be tried in Military court as a terror criminal not civilian court.
Posted by: Jimmy | April 25, 2013, 8:53 pm 8:53 pm
I cannot stand a liar who loves a lie . Yeah , everyone has to fib once in awhile just to be socially correct or whatever , but the conservatives , politicians AND their electorate minions love a lie , live to lie , lie for gain , lie to confuse , lie lie lie and they do it
with such a condescending holier-than-everyone tone that is way beyond annoying and bordering on psychopathic . Just like the partisan report on Benghazi that the House Of Representatives spewed out today , i.e. nothing but a pantsload of partisan lies and half-truths and veiled innuendo . These conservatives must be kicked into the curb ( and into the gutter as well ) next election en total while the USA still has at least some chance to recover from their power grifting and warmongering-for-profit ideologies .
Posted by: davem | April 25, 2013, 8:54 pm 8:54 pm
Ummm Jimmy ( and the rest of the idiots as well ) , he’s an American citizen . He has constitutionally guaranteed rights . Do you believe in the Constitution just when it protects your rights to own a Bushmaster , or are you a real American ?
Posted by: davem | April 25, 2013, 8:56 pm 8:56 pm
Obama failed Boston and he failed America.
Posted by: Stephie | April 25, 2013, 9:26 pm 9:26 pm
The problem isn’t that Dzhokhar Tsarnaev was given his Miranda rights. The problem is Dzhokhar Tsarnaev was given United States citizenship! What in the world were you thinking, Barack Hussein? Had we not have given him United States citizenship, we could interrogate him, enhancedly interrogate him, and if that still doesn’t work, extradite him to the Russians to interrogate him… enhancedly. But now, now that we gave him citizenship? None of that! Who was the mastermind? Who was behind him? How many more are there? Who are they? Where are they going to hit? When are they going to hit it? We’re never going to ever know that until it actually happens, because Barack Hussein gave him United States citizenship! Quit giving foreign people citizenship for crying out loud. PUMA!
Posted by: Clintoncrat for Palin | April 25, 2013, 9:29 pm 9:29 pm
Yet again the Republican representatives fail the truth in their attempts to make political gain. Can’t wait to see them voted out.
Posted by: Jill | April 25, 2013, 9:42 pm 9:42 pm
If he’s an American citizen, the constitution applies. The judge did her constitutional duty. If they didn’t want him informed of his constitutional rights, I’m sure that there wouldn’t have been an arraignment/first court appearance. It’s all very fundamental for our system. Our system isn’t founded on whims or opinions, but due process to which he’s entitled to as an American citizen. Sure, it’s not convenient, but it’s not supposed to be. It’s supposed to be uniform and fair. The guy’s as good as hung, but he still has inalienable rights as an American the same as everyone else in this country.
Posted by: Dave | April 25, 2013, 10:48 pm 10:48 pm
If he’s an American citizen, the constitution applies. The judge did her constitutional duty. If they didn’t want him informed of his constitutional rights, I’m sure that there wouldn’t have been an arraignment/first court appearance. It’s all very fundamental for our system. Our system isn’t founded on whims or opinions, but due process to which he’s entitled to as an American citizen. Sure, it’s not convenient, but it’s not supposed to be. It’s supposed to be uniform and fair. The guy’s as good as hung, but he still has inalienable rights as an American the same as everyone else in this country.
Posted by: Dave | April 25, 2013, 10:48 pm 10:48 pm
It’s not well understood by the nutcases, who would prefer a totalitarian right wing dictatorship. Thank God for the rule of law in this country!
Posted by: Randy | April 25, 2013, 11:00 pm 11:00 pm
randy wrote:”Thank God for the rule of law in this country!”
.
oBama voter #2 starts talking to the FBI…. someone has to shut down the questioning when they find out he was willing to talk….it won’t look good….these things might interfere with oBama’s Transformation of America.
Posted by: Michelle Shu Jas | April 25, 2013, 11:11 pm 11:11 pm
If he’s an American citizen, the constitution applies. The judge did her constitutional duty. If they didn’t want him informed of his constitutional rights, I’m sure that there wouldn’t have been an arraignment/first court appearance. It’s all very fundamental for our system. Our system isn’t founded on whims or opinions, but due process to which he’s entitled to as an American citizen. Sure, it’s not convenient, but it’s not supposed to be. It’s supposed to be uniform and fair. The guy’s as good as hung, but he still has inalienable rights as an American the same as everyone else in this country.
Posted by: Dave | April 25, 2013, 10:48 pm 10:48 pm
Thank you for posting this Dave.
Posted by: Susan | April 25, 2013, 11:15 pm 11:15 pm
That’s not the point!
Posted by: Clintoncrat for Palin | April 26, 2013, 12:13 am 12:13 am
It was your point earlier . . .
“Barack Hussein is giving everyone he runs into United States citizenship! And that’s no exaggeration; you can’t make this stuff up! Just look at the Gang of 8′s plan: full blown citizenship for virtually every illegal inside our borders right now.” = Clintoncrat for Palin
The Gang of 8 is a bipartisan committee made up of Republicans and Democrats. The President is not on the Gang of 8.
Posted by: Randy | April 26, 2013, 12:21 am 12:21 am
Dave – “Our system isn’t founded on whims or opinions, but due process to which he’s entitled to as an American citizen.” But at the same time the system recognizes that there are situations when the normal course of “due process” can or even must be suspended. Executive orders and martial law are two such examples. Another example is a situation like this when there is reason to believe that there is imminent danger to others. Undoubtedly anything he communicated without being advised of his rights would have been inadmissible (and very probably unnecessary) as evidence against him in court, but it could have allowed law enforcement to better assess whether or not the public was still in danger because of his actions.
Posted by: MyTake | April 26, 2013, 1:51 am 1:51 am
Another example is a situation like this when there is reason to believe that there is imminent danger to others.
Posted by: MyTake | April 26, 2013, 1:51 am 1:51 am
Yes, this was announced several days ago, and that is why he was initially interviewed without his Miranda rights. Of course, there was an outcry from the anti-Obama types that this was Obama walking all over the Constitution.
Predictably, now they’re changing their tunes and saying he shouldn’t be given his Miranda rights.
Posted by: Gary | April 26, 2013, 2:10 am 2:10 am
Amazing how little the idiots in Washington really know about the law, this was not one of their Hill farces. The morons in Washington mouthing off need to shut their pie holes and quick.
Posted by: Nikki | April 26, 2013, 7:18 am 7:18 am
mytake wrote:”but it could have allowed law enforcement to better assess whether or not the public was still in danger because of his actions.”
.
The oBama narrative is that these two jihadi’s were lone wolves and that they were probably radicalized by attending a Tea Party or a Sarah Palin book signing. Anything that disputes that, including interrogation by the FBI to see who exactly was helping and funding these two, has to be stopped.
Posted by: Michelle Shu Jas | April 26, 2013, 8:18 am 8:18 am
Interrogation of oBama voter #2 has been stopped by Eric Holder and oBama. Still unknown was how these two lowlife oBama voters funded their activities. What generous taxpayer funded perks did they take advantage of? oBamaPhone? EBT’s? EITC? Holder and oBama do not want to know if they were assisted from some overseas sources. If we find out that these two existed on the government dole, does this become state sponsored terrorism?
Posted by: Michelle Shu Jas | April 26, 2013, 9:07 am 9:07 am
DHS figurehead Napolitano says “Yes, the system pinged when he was leaving the United States…” but yet it did not “ping” when Tsarneav returned from the jihadi training grounds he just happened to stumble across. Why did the system ping when he left, but not when he returned. Was Janet worried that they were losing an oBama voter?
Posted by: Michelle Shu Jas | April 26, 2013, 9:21 am 9:21 am
Given the already conflicting details of the events, such as the number of guns found and whether the suspect was armed or not at the time of his capture, it was the most wise thing to do. We have a suspect we should not believe anyway, along with law enforcement officials we should not believe as well. They have already been proven to be lying several times. So as a judge I would have done the same thing!
Posted by: Rhonda Toler | April 26, 2013, 9:38 am 9:38 am
“The FBI will tell you, they don’t believe that they got the information, all the information that they would have liked about the public safety factor in the interrogation.” – Mike Rogers
“. . .pointed to a slate of questions the FBI was unable to ask, including whether there were additional co-conspirators, other explosives or whether there was any foreign connection or training.” – ABC News
? ? ? ? ?
Wouldn’t have those been among the first questions asked?
What was the FBI asking?
What his favorite color was?
Incredible.
Posted by: Noz | April 26, 2013, 10:48 am 10:48 am
Another example is a situation like this when there is reason to believe that there is imminent danger to others.
Posted by: MyTake | April 26, 2013, 1:51 am 1:51 am
Yes, this was announced several days ago, and that is why he was initially interviewed without his Miranda rights. Of course, there was an outcry from the anti-Obama types that this was Obama walking all over the Constitution.
Predictably, now they’re changing their tunes and saying he shouldn’t be given his Miranda rights.
Posted by: Gary | April 26, 2013, 2:10 am 2:10 am
*****
Posted by: Art | April 26, 2013, 1:48 pm 1:48 pm
Didn’t he become a US citizen under false pretenses? If so, those Constitutional rights should not apply.
Posted by: TOMK | April 27, 2013, 11:17 am 11:17 am
Stop yammering and trying to imply Obama isn’t legit because his middle name is Hussein. That’s childish and stupid and no doubt a result of listening to Rush and being unable to think on your own. If you actually READ THE ARTICLE it says plainly that the FBI was notified that this was going to happen. And again-if you read the article, this guy is an AMERICAN CITIZEN and as such has a Constitutionally protected right to be Miorandized and get a lawyer. ANd yes, it clearly sounds as if gun owners want their own rights and howl about the 2nd ammendment when they might not be able to have hundreds of assult rifles and lots of ammo, (even though the Constitution doesn’t really say that) say they can, but don’t care if someone else has their rights trampled. You forget that all of us came from another place once back in the day. SHould they have been alwoed to become citizens? That’s a matter for immigration and they are the ones who should have investigated the family then. But now, it’s a moot point. He is an American citizen.
Posted by: EarlGrayHot | April 29, 2013, 10:19 am 10:19 am
Its so easy to blame Obama
Posted by: sean | April 30, 2013, 3:38 am 3:38 am
Why not Sean? Obama proves on every issue that he is the worst president this country has ever had. Over and over again. Add that buffoon Biden to the equation and you start looking around for the hidden camera as this being the biggest practical joke ever played. Ever.
Posted by: Duke | April 30, 2013, 9:04 am 9:04 am