There is a lot of coulda/woulda/shoulda Monday morning armchair quarterbacking and second guessing going on about the Marathon bombers right now. So here are a few things you need to know before you make an ass of yourself.
1. The FBI looked into the older brother in 2011. They traced his digital footprints and checked him out, and they found zero terrorist connections or communications. They then closed their investigation. What you probably don't know is that Tamerlan traveled to Russia AFTER the book was closed on him.
I really can't see the FBI saying anything else, do you expect them to say "we f'd up?" Maybe all there is here is a lesson to be learned. If someone like the Russians warn us about someone then they should be taken more seriously. Why would the Russians warn us if he was clean? Makes no sense whats so ever. The Russians warned us for a reason, the FBI dropped the ball. OR did they? Was it political correctness, incompetence or something far worse?
2. The younger brother is a US citizen. Under a Reagan era Supreme Court ruling, his Mirandizing can be temporarily delayed if there is perceived to be an imminent threat to public safety. For example, did the bombers plant any other bombs? However, this temporary suspension of the reading of his rights has a very short fuse.
Although the ACLU has signed off on a very narrow interrogation without Miranda I think it a stretch to believe that the exception is applicable, my opinion. The intent of the exception was to allow for questions made for immediate public threat, such as "where did you put your gun?" The other interesting part is that Holder has created, all on his own, another exception. An exception for enemy combatants. Now we certainly can agree we don't care much for enemy combatants but in my opinion the rule of law takes just another hit with Holder making law as he goes. I am thinking it is time we get a definition of whom is an enemy combatant. Having the government make that decision could get dicey if the president of your choice is not in office.
3. Any information garnered from the surviving bomber will be collected without beating him up, smacking him around, waterboarding, or through the use of any other kind of torture. Believe it or not, torture is not the only nor the optimum method for intelligence gathering.
If this is so then why not mirandize him? What is the big deal other then the 19 year old will not have a lawyer present? According to holder whatever he says still can be used in a court of law. I say if we really believe them to be enemy combatants then they should be tried under military law in a military court.
4. One of the differences between Bush's NDAA and Obama's NDAA is that under Obama's NDAA, the younger bomber cannot be sent to Gitmo and tried by a military tribunal as he could have been under Bush's NDAA. Since he is a US citizen, he must be tried as a criminal in a US court under Obama's NDAA.
Not really true unless you provide a link. How many US citizens have been held at Gitmo? Your implication is many or at least a few. The truth is there was ONE and as soon as his citizenship was realized he was sent back and agreed to renounce his citizenship. BTW there have been about 100 Americans caught in Afghanistan.
5. The second bomber was captured without militarized drones being deployed. He was not blown up. He was captured with the aid of aircraft using thermal cameras.